As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
BUILDING
A structure resting on its own foundation.
DANGEROUS BUILDING
All buildings, dwellings or dwelling units which have any
or all of the following defects shall be deemed a "dangerous building"
and constitute a threat to the health, safety or welfare of the public:
A.
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
C.
Those which, exclusive of the foundation, show
damage or deterioration to 33% of the supporting member or members
or damage or deterioration to 50% of the nonsupporting enclosing or
outside walls or covering.
E.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded or which
have insufficient strength so as to be structurally safe for the purposed
use.
G.
Those which have been damaged by fire, wind
or other causes so as to be dangerous to life, safety or the general
welfare of the occupants or the public.
I.
Those which are so damaged, dilapidated, decayed,
unsafe, unsanitary or vermin-infested so as to be unfit for human
habitation or are likely to cause sickness or disease so as to work
injury to the health, safety or general welfare of those living therein.
K.
Those which have parts thereof which are so
attached that they may fall and injure property or members of the
public.
M.
Those which lack illumination, ventilation or
sanitation facilities or because of another condition are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the occupants or the public.
O.
Those which, because of their locations, are
unsanitary or otherwise dangerous to the health, safety or welfare
of the occupants or the public.
Q.
Those existing in violation of any provision
of the Building Code, Fire Prevention Code or other ordinances of
the Township of Abington or which by reason of an illegal use or occupancy
shall be deemed dangerous to life and health.
DWELLING
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants. Whenever
the words "dwelling" or "dwelling unit" are used in this article,
they shall be construed as though they were followed by the words
"or any part thereof."
OWNER
A person who, alone or jointly or severally with others,
shall have legal title to any dwelling, dwelling unit or structure
as owner or agent of the owner or as executor, executrix, administrator,
administratrix or guardian of the estate of the owner. Any such person
thus representing the actual owner shall be bound to comply with the
provisions of this article and, with rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner.
PERSON
Any individual, firm, corporation, association or partnership
or other legal entity.
All dangerous buildings within the terms of §
62-4 of this article are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
The following guidelines shall be followed by
the Code Enforcement Officer of the Township of Abington in ordering
repair, vacation or demolition:
A. If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this
article, it shall be ordered to be repaired.
B. If the dangerous building is in such condition as
to make it dangerous to the health, safety or general welfare of its
occupants and is so placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, as is reasonable.
C. No dwelling or dwelling unit which has been placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Code Enforcement Officer. The Code Enforcement Officer shall
remove such placard whenever the defect or defects upon which the
placarding action was based have been corrected so as to comply with
the requirements of the Code of the Township of Abington.
D. If a dangerous building is 50% or more damaged or
decayed or deteriorated from its original condition so as to be structurally
unsound or if a dangerous building cannot be repaired so that it will
no longer exist in violation of the terms of this chapter or any ordinance
of the Township of Abington or statute of the Commonwealth of Pennsylvania
and is in impending danger of collapse, it shall be ordered to be
demolished.
No person shall remove or deface the posted
notice of a dangerous dwelling or building.
Whenever the Code Enforcement Officer finds
that an emergency exists which requires immediate action to protect
the public health or safety, he may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action be taken as is necessary to meet the emergency. Notwithstanding
the other provisions of this article, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Code Enforcement Officer
shall be afforded a hearing with the Code Enforcement Committee as
soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this article have been complied with,
the Code Enforcement Officer shall continue such order in effect or
modify or revoke it. The costs of any emergency repair, vacation or
demolition of a dangerous building shall be collected in the same
manner as provided herein for the other cases.
Should the owner, agent of the owner or occupant
of a dangerous dwelling or building fail to comply with an order of
the Code Enforcement Officer within 30 days of service of the notice
issued by the Code Enforcement Officer, the Code Enforcement Officer
shall cause such building or structure to be repaired, vacated or
demolished, as the facts may warrant, under the standards hereinbefore
provided. The Township of Abington may collect the cost of such repair,
vacation or demolition, including interest as provided by law for
the recovery of municipal claims.
Any person who shall violate any provision of
this article shall be subject to enforcement proceedings before the
District Justice as set forth in the Pennsylvania Municipalities Planning
Code. Any person found to be in violation of the provision of this
article shall be liable to pay a judgment not to exceed $500, plus
court costs, including reasonable attorney's fees incurred by the
Township of Abington. Each day that a violation continues shall constitute
a separate violation.