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As reported in my November update, oral argument on Appeals from decisions of the Property
Maintenance Code Appeal Board of Marple Township ("PMCAB") and Delaware County Uniform Construction Code Board of Appeals
was held before The Honorable Edward J. Zetusky, Jr. on July 1, 2009.
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On November 24, 2009, Judge Zetusky handed down
his opinion. Copies of the opinion are available upon request.
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Of primary importance is Judge Zetusky's decision to uphold the determination of the PMCAB
that the Goodhill property is "unsafe" as defined in the International Property Maintenance Code which was adopted by Marple
Township.
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The International Property Maintenance Code also sets forth remedies for remediation of
an "unsafe" condition. It requires the property owner to submit appropriate plans
to rebuild or to demolish the structure. If the owner fails to do so, the Township
is permitted to demolish the structure and lien the property for demolition costs. It
is my sincere hope that the property owners will now act responsibly and abide by Judge Zetusky's Order and the decision of
the PMCAB. My understanding is that Judge Zetusky's Order will become final in
thirty (30) days.
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Oral argument on the cross Motions for Summary Judgment regarding the property owners' Civil
Rights claims is scheduled for Friday, December 11, 2009 in Judge Proud's courtroom. This aspect of the case is being defended by an attorney hired by our insurance carrier.
In light of the pending litigation, I have to limit my comments. Be assured everything
that legally can be done to rid our township of this blight is being done. Please
do not fall prey to rumors and misinformation about what steps we, as a Board, are taking. For accurate information, please continue to consult my website at triddell.tripod.com and attend our monthly meetings.