Whereas, in the Township of Cooper, there are and/or may in the future be buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, a menace to the health, morals, safety, and general welfare of the people of this township; and which might tend to constitute a fire menace, and which are a public nuisance;
BE IT, THEREFORE, ORDAINED AND ENACTED BY THE TOWNSHIP OF COOPER, AND IT IS HEREBY ORDAINED AND ENACTED AS FOLLOWS:
SECTION 1. Dangerous or Dilapidated Buildings Defined. All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings."
(a) Those whose interior or exterior walls or other vertical structural members lean, list or buckle to such an extent that they are three (3%) percent or more of their longitudinal dimension from being vertically plumb or horizontally straight.
(b) Those which, exclusive of the foundation, show at least thirty-three (33%) percent damage or deterioration of the surrounding member or members, or fifty (50%) percent damage or deterioration of the non-supporting enclosing or outside walls or coverings.
(c) Those which have improperly distributed loads upon the floors, roofs, or walls as a result of settlement or decay in which any structural member is overloaded or has insufficient strength to be reasonable safe.
(d) Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Township of Cooper.
(e) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.
(f) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
(g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(h) Those which have portions thereof which are so precariously attached that they may fall and injure members of the public or property.
(i) Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Township.
(j) Those buildings existing in violation of any provision of the Building Code of this township, or in violation of the fire prevention code, or other ordinances of this Township.
SECTION 2. Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Building Inspector or assistants specially designated thereto, and the Township Board of Supervisors in ordering repair, vacation, or demolition:
(a) If the "dangerous or dilapidated building" can be repaired as determined by a committee composed of the building inspector, fire chief and an appropriate health officer so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered repaired.
(b) If such a committee is of the opinion that the "dangerous or dilapidated building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
(c) In any case where a "dangerous or dilapidated building" cannot be reasonably repaired as determined by a committee provided in sub-section (a) above, it shall be demolished and likewise in all cases where a building cannot be repaired so that it will no longer be in violation of the terms of this ordinance, it shall be demolished. In cases where a dangerous or dilapidated building" is a fire hazard existing or erected in violation of the terms of this ordinance or of any ordinance of the Township or statute of the Commonwealth of Pennsylvania, it shall be demolished.
SECTION 3. Dangerous Buildings - Nuisances. All "dangerous buildings" within the terms of Section 1 of this ordinance are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
SECTION 4. Duties of the Building Inspector. The Building Inspector or assistants designated thereto, shall:
(a) Inspect or cause to be inspected semi-annually all public buildings, halls, churches, theaters, hotels, tenements purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of Section 1 of this ordinance.
(b) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building wall or structure is or may be existing in violation of this ordinance.
(c) Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Department of this Township or probably existing in violation of the terms of this ordinance.
(d) Inspect annually any vacant or abandoned buildings in any part of this Township to determine whether they are "dangerous buildings" within the terms of Section 1 of this ordinance.
(e) Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the Clearfield County Tax Assessment Office and/or the Recorder of Deeds of the County of Clearfield of any building found by him to be a "dangerous building" within the standards set forth in Section 1 of this ordinances, that: (1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance; (2) the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; (3) the mortgagee, agent or the other persons having an interest in said building as shown by the land records of the Clearfield County Tax Assessment Office and/or the Recorder of Deeds of the county of Clearfield, may at his own risk, repair, vacate, or demolish said building or have such work or act done; PROVIDED, that any person notified under such sub-section to repair, vacate, or demolish any building shall be given such reasonable time as may be necessary, not exceeding thirty (30) days, to initiate said work or act and sixty (60) days to complete the work or act required by the notice provided for herein.
(f) Set forth in the notice provided for in subsection (e) hereof, a description of the building, or structure, deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this ordinance within such length of time, not exceeding thirty (30) days, as is reasonable.
(g) Report to the Township Board of Supervisors any non-compliance with the "notice" provided for in subsections (e) and (f) hereof.
(h) Appear at all hearings conducted by the Township Board of Supervisors, and testify as to the condition of "dangerous buildings".
(i) Place a notice on all "dangerous buildings" reading as follows:
"This building has been found to be a dangerous building by the Building Inspector, or assistants specially designated thereto. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given to owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building as shown by the land records of the Clearfield County Tax Assessment Office and/or the Recorder of Deeds of the County of Clearfield. It is unlawful to remove this notice until such notice is complied with."
SECTION 5. Duties of Township Board of Supervisors. The Township Board of Supervisors shall:
(a) Upon receipt of a report of the Building Inspector or assistants specially designated thereto, as provided for in Section 4, subsection (g) hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Clearfield County Tax Assessment Office and/or the Recorder of Deeds of Clearfield County, to appear before the Board of Supervisors on the date specified in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement or particulars set forth in the Building Inspectors notice provided for herein in Section 4, subsection (f).
(b) Hold a hearing and hear such testimony as the Building Inspector, or assistants specially assigned thereto, or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as shown by the land records or the Clearfield County Tax Assessment Office and/or the Recorder of Deeds of Clearfield County shall offer relative to the "dangerous building".
(c) Make written findings of fact from the testimony offered pursuant to subsection (b) as to whether or not the building in question is a "dangerous building" within the terms of Section 1 hereof.
(d) Issue an order based upon findings of fact made pursuant to subsection (e) commanding the owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as shown by the land records of Clearfield County Tax Assessment Office and/or the Recorder of Deeds of the County of Clearfield shall order to repair, vacate, or demolish any buildings found to be a "dangerous building" within the terms of this ordinance and provided that any person so notified, except the owners, shall have the privilege either of vacation or repairing said "dangerous building"; or any person not the owner of said "dangerous building" but having an interest in said building as shown by the land records of Clearfield County Tax Assessment Office and/or the Recorder of Deeds of the County of Clearfield, may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien by the Township against the land upon which said "dangerous building" stands, as provided in subsection (e) thereof.
(e) If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for a subsection (d) hereof, within ten days (10), the Board of Supervisors shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in Section 2 of this ordinance, and shall, with the assistance of the Township Solicitor cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or to be recovered in a suit at law against the owner; PROVIDED, that in causes where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the Township, the Board of Supervisors shall notify the Township Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
(f) Report to the Township Solicitor the names of all persons not complying with the order provided for in Section5, subsection (d) thereof.
SECTION 6. Violations-Penalties. The owner, occupant, or lessee in possession of any building who shall fail to comply with any Notice or Order to repair, vacate, or demolish any such "dangerous building", given by any person authorized by this ordinance, or any regulation issued thereunder, shall upon conviction before any alderman, magistrate, or district attorney of the Township of Cooper, be subject to fine not exceeding One Hundred ($100.00) Dollars and costs, and in default of payment of the fine and costs shall be subject to imprisonment in the Clearfield County Jail for a period not exceeding thirty (30) days. Violations on separate days shall be considered separate violations. the provisions for penalties contained in the ordinance are in addition to any other remedies provided by this ordinance.
Any person removing the notice provided for in Section 4, subsection (i) thereof, shall upon conviction be fined not exceeding One Hundred ($100.00) Dollars and costs, for each offense, and in default of payment of the fine and costs shall be subject to imprisonment in the Clearfield County Jail for a period not exceeding thirty (30) days.
SECTION 7. Duties of the Township Solicitor. The Township Solicitor shall:
(a) Prosecute all persons failing to comply with the terms of the notices provided for herein in Section 4, subsection (e) and (f) and the order provided for in Section 5, subsection (d).
(b) Appear at all hearings before the Board of Supervisors in regard to "dangerous buildings".
(c) Bring suit to collect all municipal liens, assessments of cost incurred by the Board of Supervisors in repairing, or causing to be vacated or demolished, " dangerous buildings."
(d) Take such other legal action as is necessary to carry out the terms and provisions of this ordinance.
SECTION 8. Emergency Cases. In case where it reasonably appears that there is immediate danger to life or safety of any person unless a "dangerous building" as defined herein, is immediately repaired, vacated, or demolished, the Building Inspector or assistants specially designated thereto, shall report such fact to the Board of Supervisors and the Board of Supervisors shall cause the immediate repairs, vacation, or demolition of such "dangerous building". The cost of such emergency repair, vacation or demolition of such "dangerous building" shall be collected in the same manner as provided in Section 5, subsection (e) hereof.
SECTION 9. Where Owner Absent From the Township. In cases, except emergency cases, where owner, occupant, lessee, or mortgagee is absent from the Township, all notices or orders provided for herein, shall be sent by certified mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building as shown on the land records of the Clearfield County Tax Assessment Office and/or the Recorder of Deeds of County of Clearfield, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such mailing and posting shall be deemed adequate service. Where desirable, the notices and orders provided for herein may be served in the same manner a summons is served in the courts of general jurisdiction.
SECTION 10. Administrative Liability. No officer, agent or employee of the Township of Cooper shall render himself personally liable for any damage that may occur to person or property as result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent or employee of the Township of Cooper as a result of any act required or permitted in the discharge of his duties under this ordinance shall be defended by the Township Solicitor until the final determination of the proceedings therein.
SECTION 11. Duties of the Fire Department. The Fire Department of the Township shall designate a committee from their membership, who shall make a report in writing to the Building Inspector of all buildings or structures which are, may be, or are suspected to be "dangerous buildings" within the terms of this ordinance.
SECTION 12. Duties of the Police Department. All employees of the Police Department shall make a report in writing to the Building Inspector of any buildings or structures which are, may be or are suspected to be "dangerous buildings" within the terms of this ordinance, to the Building Inspector within twenty-four (24) hours of the discovery of such buildings by any employee of the Police Department.
SECTION 13. Severability. It is the intention of the Township Board of Supervisors that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Board of Supervisors that if any provisions thereof shall remain valid and enforceable.
SECTION 14. Repealing Clause. That all other ordinances or parts of ordinances inconsistent herewith, be and the same are hereby repealed.
ORDAINED AND ENACTED THIS 4 Th. day of May.
TOWNSHIP OF COOPER
BY Harold H. Carlson
Chairman of the Board of Supervisors
ATTEST:
Rose Fenush
Secretary
Copyright © 2002 - 2007 by Michael J. Polachek, Jr.
