[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler 5-9-1978 by Ord. No.
1443. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 90.
All buildings or structures which have any of the following
defects shall be deemed to be unsafe buildings:
A.
Buildings
or structures whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a block line passing through
the center of gravity falls outside of the middle third of its base.
B.
Buildings
or structures which, exclusive of the foundation, show 30% or more
of damage or deterioration of the supporting member or members or
50% or more of damage or deterioration of the nonsupporting interior
or outside walls or covering.
C.
Buildings
or structures which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Buildings
or structures which have been damaged by fire, wind or other causes
so as to have become dangerous to life or safety of the occupants
or to others in the vicinity.
E.
Buildings
or structures which have become or are so dilapidated, decayed or
unsafe that they are unfit for human habitation or are likely to cause
injury to occupants or to others in the vicinity.
F.
Buildings
or structures having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, fire escapes or other
means of access and egress.
G.
Buildings
or structures, parts of which are so attached that they may fall and
injure members of the public or cause damage to property.
Whenever any building, structure or part thereof or appurtenance
thereto is found to be an unsafe building, the Township Building Inspector
shall give written notice to the owner, lessee, tenant, occupant and/or
agent, describing the unsafe condition and ordering the abatement
thereof within the period specified in the notice. Failure to comply
with the order contained in the notice within the time period specified
shall be deemed a violation of this chapter.
All unsafe buildings, as herein defined, are declared to be public nuisances and shall be repaired, vacated and/or demolished pursuant to the notice and order of the Building Inspector under § 93-2 or 93-4A of this chapter, in accordance with the following standards or as otherwise provided in this chapter:
A.
If
the unsafe building can reasonably be repaired so that it will no
longer exist in violation of the terms of this chapter, it shall be
ordered to be repaired.
B.
If
the unsafe building is in such condition as to make it dangerous to
health, safety, morals or general welfare of the occupants of the
building or structure, it shall be ordered to be vacated.
C.
If
the unsafe building is 50% damaged, decayed or deteriorated from its
original value or if it cannot be repaired so that it will no longer
exist in violation of the provisions of this chapter or if it is a
fire hazard existing or erected in violation of the provisions of
this chapter, it shall be ordered to be demolished.
D.
If
a vacant, unused building is so dilapidated or in such a state of
disrepair that it constitutes a danger to the safety of children,
the morals of the community or the general welfare of the neighborhood,
it shall be ordered to be demolished.
A.
In the event of failure to comply with the notice and order of the Building Inspector under § 93-2 of this chapter or in the event that an unsafe building under § 93-1 of this chapter constitutes an immediate hazard to life, limb or property or that the building comes within the provisions of § 93-3 of this chapter, the Building Inspector shall prepare a notice of condemnation, describing the unsafe conditions which have caused the building or structure to become an unsafe or otherwise dangerous building and ordering the abatement of such conditions in accordance with § 93-3.
B.
Such
notice of condemnation shall be sent to the owner or the owner's
agent by registered mail or served personally on said owner or agent.
A copy of said notice shall be served personally on the occupant of
said building and at least one copy thereof posted on the premises
affected by the condemnation.
After issuance of a notice of condemnation, the Building Inspector
shall have authority to order the discontinuance of any or all occupancies
in said building or structure. After notice ordering the discontinuance
of occupancy or copies of such notice have been sent to the owner,
lessee, tenant, occupant or agent of said building or structure, the
continued occupancy of the building or structure shall be a violation
of this chapter, and the owner and all occupants shall be in violation
thereof.
If any condemned portion of a building constitutes or contains
an exit which is required by law or ordinance or, in the opinion of
the Building Inspector, is a necessary means of egress, the continued
occupancy of said building after issuance of an order to discontinue
the occupancy shall be in violation of the chapter, whether or not
any other portion of said building is in unsafe condition.
A.
If
after expiration of the time specified in the notice of condemnation
the owner, agent of person in charge or control has not abated the
unsafe condition described in said notice and has not appealed to
the Court of Common Pleas, as provided for by law, the Building Inspector
shall have the authority to abate said unsafe condition by repairing,
removing or demolishing said building, structure, part thereof or
appurtenance thereto at the expense of the Township of Shaler, the
cost thereof to be recovered by the Township from said owner in an
action of law in the Court of Common Pleas. When such suit with statement
of claim and description of the premises is filed by the Township,
the Prothonotary shall index it upon the judgment docket, and the
Township shall have a lien for the amount of said claim against said
premises.
B.
In
abating any dangerous condition cited in a notice of condemnation,
the Building Inspector shall have the authority to decide whether
the building, structure, part thereof or appurtenance thereto shall
be repaired, removed or razed. If he shall decide to raze said building
or structure and the owner thereof has not, within 30 days after condemnation,
notified the Building Inspector in writing that he desires to have
all parts, appurtenances and materials removed therefrom to be placed
on the lot, the Building Inspector shall have authority to allow the
person, firm or corporation performing the work of demolition to retain
any or all such parts, appurtenances and materials as payment or part
payment for the razing of the building or structure. If such parts,
appurtenances and materials are placed on the lot, the owner shall
be required to use or dispose of them within 90 days after completion
of the demolition and shall be responsible for any unsafe condition
arising from their storage on the lot.
[Amended 11-15-1988 by Ord. No. 1631]
Any person, firm or corporation violating the provisions of § 93-2 or 93-4 of this chapter shall, upon conviction thereof before any issuing authority, forfeit and pay a fine of not more than $1,000 for each offense and may be sentenced to a period of incarceration not exceeding 90 days in the Allegheny County Jail. Each incident in violation of this chapter shall be considered a separate offense and may be punishable as such.