[HISTORY: Adopted by the Board of Supervisors of the Township of
Dallas 3-6-2007 by Ord. No. 2007-1. Amendments
noted where applicable.]
Words and phrases defined in the above recitals[1] of this chapter shall have the meaning given to them therein whenever
they are used in this chapter. In addition, the following words and phrases
will have the following meanings whenever they are used in this chapter:
The Board of Appeals appointed by the Supervisors pursuant to § 41-6 of this chapter.
The Enforcement Officer appointed by the Supervisors pursuant to § 41-3 of this chapter.
A structure which is unfit for human occupancy as determined by the Enforcement Officer pursuant to § 41-2 of this chapter.
[1]
Editor's Note: "Above recitals" refers to the preamble of Ord.
No. 2007-1, which is on file at the Township offices.
A structure shall be deemed a structure unfit for human occupancy whenever
the Enforcement Officer finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks maintenance,
is unsanitary or vermin or rat infested, contains filth and contamination,
or lacks ventilation, illumination, sanitary or heating essentials or other
essential equipment for reasonable habitation or because the location and/or
condition of the structure and its surrounding lands constitutes a health
and/or safety hazard to the occupants of the structure or to the public.
The Enforcement Officer for purposes of this chapter is the Township's
Zoning Officer or such other person designated from time to time by the Supervisors
to be such Enforcement Officer. The Enforcement Officer shall serve in such
capacity until he is removed or replaced by the Supervisors.
The Enforcement Officer is granted authority to enter upon any premises
to inspect a structure thereon to determine if it is a structure unfit for
human occupancy so long as he gives to the owner of such premises such reasonable
prior notice as he can under the circumstances.
If, following an inspection, the Enforcement Officer determines that
a premises contains a structure unfit for human occupancy, he shall promptly
give written notice thereof to the owner of the premises, specifying the conditions
which make the structure a structure unfit for human occupancy and setting
forth the action to be taken by the owner to remedy the condition and the
time period for taking and completing such action by the owner. The owner
shall then have 10 days from the service of such notice to request a hearing
with the Enforcement Officer to discuss the content of such notice. Such hearing
shall take place at the office in the Township of the Enforcement Officer
within 10 days thereafter. The Enforcement Officer shall have 10 days following
such hearing to affirm, modify or rescind his finding that the premises contains
a structure unfit for human occupancy. Written notice of the Enforcement Officer's
action in response to such hearing shall be promptly served upon the owner.
The Supervisors shall designate not less than three nor more than six
persons to serve on the Board of Appeals to hear and decide appeals from the
Enforcement Officer's determination of whether a structure is a structure
unfit for human occupancy. A majority of the Board members shall constitute
a quorum. The persons designated as Board members shall be persons with some
experience in evaluating building structures. Board members shall serve until
they resign or are replaced by the Supervisors.
Anyone dissatisfied with the hearing report of the Enforcement Officer
may appeal to the Board. The appeal must be writing. It must specify with
particularity the appellant's objections or exceptions to the decision
of the Enforcement Officer. The appeal must be delivered to the Secretary
or Assistant Secretary of the Township within 20 days following the service
upon the appellant of the decision of the Enforcement Officer. Upon receipt
of a timely appeal, the Board shall, following reasonable written notice to
the parties in interest, conduct a hearing on the objections or exceptions.
Strict rules of evidence need not be followed. Within 10 days of such hearing,
the Board shall issue an order affirming, modifying, or dismissing the decision
of the Enforcement Officer. The vote of the majority of the quorum of the
Board shall be required with respect to any such order.
Any person aggrieved by an order of the Board may petition the Court
of Common Pleas of Luzerne County for an order restricting enforcement of
such order and requesting a hearing on whether such order shall have been
issued. Such a petition shall be filed within 30 days after the issuance of
the order. Failure to file such a petition within such thirty-day period shall
constitute an irrevocable waiver to file such a petition.
The Enforcement Officer shall, following the adjudication of any and
all appeals, institute action consistent with his decision [as modified by
an order of the Board or the Court pursuant to such appeal(s)] to prevent
the unlawful erection, construction, reconstruction, alteration or use, or
to cause the repair or the destruction of, the structure unfit for human occupancy;
provided, however, destruction of a structure unfit for human occupancy shall
only be authorized if approved in advance by a duly authorized resolution
of the Supervisors.
The costs incurred by the Township of Dallas in repairing or removing
a structure unfit for human occupancy shall be paid or reimbursed by the owner
thereof, forthwith upon such expenses being incurred. Any such costs not so
paid shall constitute a municipal lien upon the premises where such structure
is situated and shall be collectable as any other such lien.
