(A) Notice and order procedure.
(1) Notice to responsible operator or other person in charge. Whenever the Township Playground Inspector determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of the other applicable rules, regulations, codes and ordinances, or whenever the Township Playground Inspector orders a dangerous, unsafe or unfit playground, structure, equipment or component thereof to be closed-up and secured, vacated, repaired and/or demolished, a notice shall be given to the responsible operator or person in charge of the playground, structure, equipment or component in the manner prescribed below.
(2) Form. Notice to the responsible operator or person in charge shall:
(a) Be in writing, signed by the Township Playground Inspector or his or her authorized representative;
(b) Include a description of the real estate sufficient for identification;
(c) Include a statement of the reasons why the notice is being issued and list the sections of this chapter and/or other rule, regulation, code or ordinance that have been violated;
(d) Include a correction order allowing a reasonable time, not to exceed 120 days, for the initiation and correction of the violation alleged or for the initiation of the remedial actions required, except where emergency conditions exist that require immediate correction action; and
(e) Include a statement indicating that the notice will become an order after ten days of receipt of said notice, if no request and approval for an extension of time is made to the Township Playground Inspector or if no petition for an appeal of said notice is made to the Township Board of Supervisors.
(3) Service. The notice shall be served personally on the responsible operator or other person in charge or served by certified mail, return receipt requested, or where such responsible person in charge cannot be found, service may be made by: posting a notice on or about the premises and taking a picture of said notice; publishing a notice in a newspaper of general circulation for a period of three consecutive days; or any other method authorized under the laws of the commonwealth.
(B) Emergency measures.
(1) Vacation of equipment. When in the opinion of the Township Playground Inspector, an emergency exists on any public playground, or part thereof, that requires immediate action to protect the public’s health, safety and welfare, or that of the users of such playground, or if there is actual and immediate danger of failure or collapse of any equipment, structure or component upon a public playground, the Township Playground Inspector may, with proper notice and service, issue an order reciting the existence of such an emergency and requiring the vacating of the playground or part thereof, or such action taken as the Township Playground Inspector deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately and the playground, structure, equipment or component involved shall be placarded and placed off-limits immediately upon service of the order. Any person to whom such order is directed shall comply immediately therewith and may thereafter upon petition directed to the Township Board of Supervisors be afforded a hearing as prescribed in this chapter. It shall be unlawful for any person to enter any vacated playground or part thereof except to make the required repairs or to demolish the same.
(2) Temporary safeguards. When in the opinion of the Township Playground Inspector there is actual and immediate danger of collapse or failure of a public playground or of any structure, equipment or component located thereon that would endanger life, the Township Playground Inspector shall cause the necessary work to be done to render such playground, equipment, structure or component, temporarily safe, whether or not the legal procedure herein described has been instituted.
(3) Closing adjacent properties. When necessary for the public safety, the Township Playground Inspector may temporarily close sidewalks, streets, buildings, structures and/or places adjacent to such unsafe public playgrounds and prohibit the same from being used. It shall be unlawful for any person to enter such closed adjacent areas.
(C) Repair/demolition order.
(1) Option by owner. If a public playground or any part thereof is so old, deteriorated or has become so out of repair as to be unsanitary or unfit for use, but can be made safe by repairs, the Township Playground Inspector may issue a notice requiring the operator to make the necessary repairs to bring the structure into compliance with this chapter and/or other rules, regulations, codes and ordinances or to demolish and remove the offending playground or part thereof at the owner’s option. Such notice shall require the person thus notified to immediately disclose to the Township Playground Inspector his or her acceptance or rejection of the terms of the order.
(2) Unreasonable repairs. Whenever an inspection of a public playground reveals that the playground or any part thereof is old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for use and so that it would be unreasonable to repair, in that the cost of such repairs would exceed 100% of the current value of such playground or part thereof, the playground, or part thereof, shall be declared a public nuisance. The Township Playground Inspector shall issue a notice to the responsible operator, ordering that the offending playground, or part thereof, be removed or demolished without option on the part of the operator to repair. All the rubbish and refuse shall be removed from the premises, and the area where the demolition occurred shall be graded to adjacent ground level.
(D) Stop work order.
(1) Notice to the operator. Whenever the Township Playground Inspector determines that work on any public playground, or part thereof, is being prosecuted contrary to the provisions of this chapter or other applicable rules, regulations, codes and/or ordinances or prosecuted in an unsafe and dangerous manner, the responsible operator of the playground involved or the operator’s agent or the person doing the work shall be notified that such work be immediately stopped.
(2) Unlawful continuance. Any person who continues any work in, upon, or about a public playground after having been served with a stop work order, except such work as that is directed to perform to remove a violation or unsafe conditions, shall be subject to the penalties provided by this chapter.
(Ord. 143, passed 1-9-2002) Penalty, see § 90.99