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Ordinance 801 an Ordinance Regulating Dangerous or Dilapidated Properties

ORDINANCE 801 an ORDINANCE REGULATING DANGEROUS OR DILAPIDATED PROPERTIES

The Delaware Township Board of Supervisors adopted Ordinance 801 an ordinance regulating dangerous or dilapidated properties on October 27, 2021. Below you will find the details of the ordinance. Complaints regarding Ordinance 801 can be investigated by submitting a service request at the Delaware Township Office located at 116 Wilson Hill Road.

ORDINANCE 801

801-1. DEFINITIONS

Definitions of words in this Ordinance are listed alphabetically in the Definitions Dictionary located at the beginning of the combined Ordinances of Delaware Township. These definitions are an integral part of the Ordinances of Delaware Township, which are incomplete without them. 801-2. PURPOSE

The purposes of this ordinance are for Delaware Township to:

A. protect the life, safety, or general health and welfare of the occupants or the people of the

Township of Delaware from structures which have been damaged by fire, wind, water or other causes so as to have become dangerous.

B. regulate properties which have become or are so dilapidated, decayed, unsafe, unsanitary or which fail to provide the amenities essential for human habitation or use.

C. prevent injury to members of the public or adjoining property from parts that might fall and injure them. 801-3. PROCEDURES FOR INVESTIGATION

Whenever it shall be reported or come to the attention of any township official that any building or structure completed, or in the process of construction, or any portion thereof, is in a dangerous condition, such person having knowledge thereof shall report the same to the Board of Supervisors. The Board shall immediately dispatch the building inspector to investigate and examine said building or structure. If such investigation or examination indicates such building or structure to be dangerous in accordance within the standards of 801-1 of this chapter, a written report of such investigation shall be submitted to the Board of Supervisors, specifying the exact condition of such building or structure and setting forth whether or in what respect the structure is dangerous, and whether the structure is capable of being properly repaired. 801-4. PROCEDURES FOR ORDERING REPAIR, VACATION, OR SUBSEQUENT SECURING OF PROPERTY

The following procedures shall be followed by the Board of Supervisors in ordering repair, vacation or securing of property: Upon receipt of a report in accordance with 801-3 of this chapter, the Board of Supervisors will give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by land records of the Recorder of Deeds of Pike County, to remedy or repair said property or respond. The owner shall have thirty (30) days from the date of the notice to remedy or repair the building. The Supervisors may grant an extension to the owner to repair or remedy the building if the owner provides good cause for the requested extension to the Supervisors. The notice required by this section shall be served personally upon the owner of a dangerous building if the owner resides in the township or personally upon his agent if such agent resides within the township. If personal service as required herein cannot be obtained or if the owner resides outside of the township, such notice shall be sent to the owner of a dangerous building by regular mail with a certificate of mailing at the last known address thereof. The notice shall identify the building or structure deemed dangerous and contain a statement of the particulars which made this building or structure a dangerous building. The owner shall be given thirty (30) days from the date of notice to repair or remedy the building. The Board of Supervisors shall cause to be placed on all dangerous buildings a notice reading substantially as follows: “This building has been found to be a dangerous building by the Board of Supervisors of Delaware Township.” Upon failure of persons of interest to repair structure or show cause why they cannot do so, the Board of Supervisors may issue an order to vacate and secure based upon findings of fact as set out in the building inspector’s report. 801-5. VIOLATIONS AND PENALITIES

Any person removing the notice provided for in 801-4D, or tampering with, or theft or destruction of materials used to secure dangerous buildings shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. If the owner, occupant, mortgagee, lessee or any other person having an interest in said building, as shown by the land records of the Recorder of Deeds of the County of Pike, will not or cannot comply with any notice or order to repair, vacate or secure within 30 days of such order being given, the Board of Supervisors is empowered to cause such building or structure to be secured by the township and to cause the costs of such action, together with a penalty of 10%, to be charged against the land on which the building existed as a municipal lien. 801-6. EMERGENCY CASES

In cases wherein it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building, as defined herein, the Board shall cause the immediate vacation and securing of such dangerous building, all costs to be borne by the owner or persons of interest as set forth in 801-5B.

801-7 ENACTMENT

The enactment of this Ordinance shall serve as a repeal of any ordinance inconsistent herewith. This Ordinance shall be effective immediately.

John Henderson Chair jhenderson@delawaretownshippa.gov Jane Neufeld Vice-Chair | Treasurer jneufeld@delawaretownshippa.gov Rick Koehler Secretary rkoehler@delawaretownshippa.gov

e ADMINISTRATION e

Krista Predmore Township Administrator kpredmore@delawaretownshippa.gov Robin Jones H.R. | Administrative Asst. rjones@delawaretownshippa.gov Jamie Montague Permit Assistant jmontague@delawaretownshippa.gov

e ROAD & MAINTENANCE DEPT. e

Vincent Flatt | Road Master vflatt@delawaretownshippa.gov Michael Moffa | Assistant Road Master mmoffa@delawaretownshippa.gov Curt McMickle cmcmickle@delawaretownshippa.gov

e BOARDS & CHAIRPERSONS e

Planning Commission Vincent Flatt, Secretary Zoning Hearing Board Krista Predmore, Secretary

Board of Auditors Chair, Dennis Lee dennisleedtauditor@gmail.com

e ENFORCEMENT OFFICERS e

Building Inspector Code Inspections, Inc. jcutri@codeinspections.net Zoning Officer Ron Tussel rontussel@gmail.com Sewage Officer Ron Tussel rontussel@gmail.com

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