ORDINANCE NO. 13
AN ORDINANCE OF THE TOWNSHIP OF PINE, COUNTY OF INDIANA AND STATE OF PENNSYLVANIA, PROVIDING FOR AND ESTABLISHING MINIMUM STANDARDS CONCERNING THE CONDITION AND MAINTENANCE OF BUILDINGS WITHIN THE TOWNSHIP OF PINE, COUNTY OF INDIANA AND STATE OF PENNSYLVANIA.
WHEREAS, all buildings within the Township of Pine should be in a safe condition so as not to endanger the public generally.
THEREFORE, BE IT ORDAINED AND ENACTED by the Supervisors of the Township of Pine, County of Indiana and State of Pennsylvania and it is hereby ordained and enacted:
Section1: Uninhabited and Unoccupied Buildings and Dwelling Units
Any building or dwelling uninhabited or unoccupied for a period in excess of ninety (90) days that shall be found to have any of the following defects shall be in violation of this Ordinance and be unfit for human habitation:
a.
A building, dwelling or dwelling unit that is so damaged, decayed, dilapidated, unsanitary, unsafe or
A building, dwelling or dwelling unit that is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested that it would create a serious hazard to health or safety of the public at large or any prospective occupants;
occupants;b.Which because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the public at large or any pro¬spective occupants.
Which because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the public at large or any pro¬spective occupants.Section 2: Upon written complaint of any citizen of Pine Township, the Supervisors of the Township of Pine shall determine whether any building or dwelling is in violation of this Ordinance. The Township Supervisors or the Secretary for the Township Supervisors shall give written notice to the owner of said property. The notice shall contain the following:
a.A statement why notice is being issued;
A statement why notice is being issued;b.The nature of the corrective action that must be taken so that the owner is not in violation of this Ordinance; and
The nature of the corrective action that must be taken so that the owner is not in violation of this Ordinance; andc.A reasonable time period in which the owner is to perform the corrective measures. In no event shall said time period be less than thirty (30) days.
A reasonable time period in which the owner is to perform the corrective measures. In no event shall said time period be less than thirty (30) days.The notice shall be served personally on the owner or by return receipt mail. In the event that the Township is unable to serve the Owner by either of these methods, the notice shall be served by posting it on the property.
Section 3: Any person receiving a notice shall have the right within ten (10) days after notice has been received or served to demand a hearing before the Township Supervisors. The Township Supervisors shall afford any said owner affected a hearing at the next regular meeting of the Township Supervisors or at a special meeting of the Township Supervisors provided said owner is given at least ten (10) days notice of said meeting. After said hearing, the Township Supervisors shall determine whether corrective action is required and the time period which said corrective action must be taken. The Owner shall have at least thirty (30) days in which to correct deficiencies as required by the Township Supervisors. In the event that the owner does not ask for a hearing before the Township Supervisors or after the hearing, the owner does not take corrective measures within the requisite period of time determined by the Board of Supervisors; the Owner shall be pros¬ecuted before the appropriate magistrate.
Section 4: If the owner fails to remedy the violation of said Ordinance within the requisite time period, he shall pay a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for the first offense. For each and every subsequent offense, the owner shall pay a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than Three Hundred Dollars ($300.00). Each day the owner is in violation of this Ordinance, it shall constitute a separate offense. In default of payment of the fine assessed hereunder, the owner shall undergo imprisonment for not less than ten (10) days nor more than thirty (30) days.
Section 5: If any violator of this Ordinance fails to take corrective measures as prescribed by Township Supervisors, the Township Supervisors may correct said violations and the expenses therefore shall be billed to the violator. The Township Supervise may lien the property of the owner or shall recover the costs of said repairs by suit at law.
Section 6: The provisions of this Ordinance are severable and if any word, clause, sentence, section or provision of this Ordinance is declared unconstitutional, the remaining words, [clauses, sentences, sections or provisions shall not be impaired thereby.
ORDAINED AND ENACTED this 6th day of December, 1982.
Attest: Kathryn MalenichSteve Beilchick
Steve Beilchick Thomas A. Rodgers Sam Mariskanish