Township of Shaler, PA Buildings, Unsafe

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.

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.

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.

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.

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.

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.

Buildings or structures, parts of which are so attached that they may fall and injure members of the public or cause damage to property.

§ 93-2 Notice of unsafe conditions.

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.

§ 93-3 Declaration of nuisance; methods of abatement.

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:

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.

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.

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.

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.

§ 93-4 Notice of condemnation.

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.

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.

§ 93-5 Time limit for compliance.

The time limits in §§ 93-2 and 93-4A for the abatement of the unsafe condition shall be 30 days, except that when, in the opinion of the Building Inspector, the hazard to life, limb or property warrants such action, he shall have authority to order such abatement within a shorter period of time.

§ 93-6 Discontinuance of occupancy.

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.

§ 93-7 Unsafe exits.

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.

§ 93-8 Abatement by Township; recovery of costs.

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.

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.

§ 93-9 Violations and penalties.

[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.