Menallen threatens action against county over condition of houses
MENALLEN TWP. — Supervisors announced Thursday that they plan to cite Fayette County for failure to comply with an order to either repair by making safe, secure and sanitary or to demolish five houses in the village of Buffington.
“This is a first, ladies and gentlemen,” said Supervisor Joe Petrucci, vice chairman of the board. “The township is actually going to take (on) the county commissioners.”
The five properties are owned by the county, and the county commissioners are agents of county property. According to code enforcement officer Myron Nypaver, the properties are vacant, unsafe structures that are severely overgrown and surrounded by debris.
“I told them these properties cannot be sold in the tax sale because they are condemned,” said Nypaver, adding he sent a letter to each commissioner regarding the matter in mid-April.
“One property has already been sold three times,” he said. “All we’re doing is flipping condemned houses. Under the property maintenance code, you cannot sell a condemned house whether you’re the county or a real estate agent.”
The International Property Maintenance Code 107.5 states: “It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another.”
Nypaver said a representative of the commissioners called him to appeal the decision. Nypaver sent the required appeal applications to the county, but the deadline of 20 days for an appeal has since expired. Furthermore, the township received notice that the county has recently sold two of the properties that were actually listed on the enforcement letter.
The people buying condemned houses are not aware that they would have to pay four times the amount of the property’s worth to bring it to today’s standards. Structures such as those are dangerous as they tend to house anything from illegal drug activity to rat infestations.
Petrucci said he was told that the reason the county sells the properties is to get them back on the property tax rolls.
“They’re worried about taxes, but we have to deal with the public and liability and everything else,” he said. “I wonder how they’re going to like appearing before a magistrate?”
The Neighborhood Blight Reclamation and Revitalization Act empowers municipalities to take legal action against owners of deteriorating properties in serious code violation or whose property is determined to be a public nuisance.
Nypaver said they are not only aggressively pursuing the county but other irresponsible property owners.
In other matters, two women thanked the township for assisting the Menallen School Playground Committee with funding.
“Menallen School wanted to thank the township for doing a wonderful job and cooperating with the community in putting the playground in. They saved us several thousand dollars. The rubber mulch is night and day compared to wood mulch. It’s nice to see the kids loving it,” said Christa Sabatula, a teacher at Menallen School.
She said children with physical disabilities are able to enjoy the playground as well due to the accessibility.
Shelly May, a parent and member of the playground committee, also expressed her appreciation.
She said, “We certainly could not have done what we did for the children without your assistance.”
Additionally, the supervisors approved a motion to have the solicitor eliminate the liability issue discussed in the brief executive session meeting that night.
The supervisors noted that they will be aggressive in citing people who are chronically leaving their grass grow high.
Supervisors also announced a new restriction on burning. Burning will be allowed on Saturdays only from 8 a.m. to 5 p.m. Any fire must be extinguished by 5 p.m.
The next supervisors meeting will be held at 7 p.m. Thursday, July 11, because of the July 4 holiday.