[HISTORY: Adopted by the Borough Council of the Borough of Coudersport 4-29-1992
by Ord. No. 516. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 292.
A.
BUILDING
DANGEROUS BUILDING OR CONDITION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this chapter, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
An independent structure having a roof supported by columns or walls
resting on its own foundation and includes dwelling, garage, barn, stable,
shed, greenhouse, mobile home, plant, factory, warehouse, school or similar
structure.
All buildings, structures or conditions which have any or all of
the following defects shall be deemed dangerous buildings or conditions:
Those buildings whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity falls outside of the middle third of its base.
Those buildings which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members, or damage or deterioration to
50% of the non-supporting enclosing or outside walls or covering.
Those buildings which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
Those buildings which have been damaged by fire, wind or other causes
so as to be dangerous to life, safety, or the general health and welfare of
the occupants or the public.
Those buildings which are so damaged, dilapidated, decayed, unsafe,
unsanitary, vermin infested or which so utterly fail to provide the amenities
essential to decent living that they are unfit for human habitation, or are
likely to cause sickness or disease, so as to work injury to the health, safety
or general welfare of those living therein.
Those buildings which have parts thereof which are so attached that
they may fall and injure property or members of the public.
Those buildings which lack illumination, ventilation or sanitation facilities
or because of another condition are unsafe, unsanitary, or dangerous to the
health, safety, or general welfare of the occupants or the public.
Those buildings which because of their location are unsanitary, or otherwise
dangerous, to the health or safety of the occupants or the public.
Those buildings existing in violation of any provision of the Building
Code, Fire Prevention Code, or other ordinances of the Borough of Coudersport.
Those buildings, parts thereof, or man-made structures, which meet the
following criteria: have been unoccupied for a period in excess
of six months (including any such structure purportedly under construction
upon which no substantial construction work or activity has been undertaken
or performed upon the same for a period in excess of six months); and, the
doors, windows or other openings have become open (i.e., such openings are
in need of being repaired, boarded or sealed up).
Those conditions where wells, cesspools, cisterns, sedimentation ponds,
stormwater management impoundment or ponds of similar nature are permitted
to remain open without adequate fencing or barricades to prevent access thereto
by the general public.
Those conditions where vegetation or heavy undergrowth is permitted
to grow near or along any sidewalk, street or alley so as to constitute a
safety hazard to any pedestrian or to the vehicular traffic utilizing any
such sidewalk, street or alley including those situations where the vegetation
blocks or impairs one's ability to see traffic signs or the presence of others
(both pedestrians as well as vehicular traffic) in the vicinity.
Those conditions where drainage and discharge thereof (including roof
drainage, surface water drainage and sanitary sewer drainage) is inadequate
and such inadequacy (including those situations where inadequate provision
has been made, improper construction performed and improper maintenance utilized)
creates a safety or health hazard to person or property as a result thereof.
Those conditions where any refrigerator, freezer, similar storage chest
or car is discarded, abandoned or stored in any place or location which is
accessible to the general public without first completely removing any and
all locking devices or removing all doors thereto; provided, that nothing
herein shall be construed so as to permit any act or practice otherwise prohibited
by applicable law including any of the ordinances of the Borough of Coudersport.
Any building which is wholly or partly used or intended to be used
for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended to be used
for living or sleeping by human occupants.
Control and elimination of insects, rodents or other pests by eliminating
their harborage places, removing or making inaccessible materials that may
serve as their food, poisoning, spraying, fumigating, trapping, or by any
other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents or
other pests.
Person who, alone or jointly or severally with others:
Shall have legal title to any dwelling, dwelling unit, structure or
property with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling, dwelling unit, structure
or property as owner or agent of the owner, lessee, or as executor, executrix,
administrator, administratrix, or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply with
the provisions of this chapter and with rules and regulations adopted pursuant
hereto, to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership, or
other legal entity.
A piece, parcel, lot or tract of land.
Combustible and noncombustible waste materials, except garbage, including
residue from the burning of wood, coal, coke, and other combustible material,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
Anything constructed or erected with a fixed or ascertainable location
on the ground or in the water, including buildings, walls, fences, platforms,
docks, wharves, billboards, signs and walks.
B.
Whenever the words "dwelling," "dwelling unit," or "premises,"
are used in this chapter, they shall be construed as though they were followed
by the words "or any part thereof."
All dangerous buildings and conditions within the terms of § 107-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
The following standards shall be followed in substance by the police
officer or other designated official of the Borough of Coudersport in ordering
repair, vacation, or demolition:
A.
If the dangerous building or condition can reasonably
be repaired so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered to be repaired.
B.
If the dangerous building or condition is in such condition
as to make it dangerous to the health, safety, or general welfare of its occupants,
or the public and is so placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, as is reasonable.
C.
No dwelling or dwelling unit which has been placarded
as unfit for human habitation shall again be used for human habitation until
written approval is secured from and such placard is removed by, a police
officer or other designated official. A police officer or other designated
official shall remove such placard whenever the defect or defects upon which
the placarding action were based have been eliminated.
D.
If a dangerous building is 50% or more damaged or decayed,
or deteriorated from its original condition; if a dangerous building or condition
cannot be repaired so that it will no longer exist in violation of the terms
of this chapter; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this chapter or any ordinance of the Borough
of Coudersport or statute of the Commonwealth of Pennsylvania, it shall be
ordered to be demolished; provided the cost of repairs to rectify or remove
the conditions constituting the nuisance exceed 50% of the market value of
the building at the time demolition is proposed.
A.
It shall be the duty of a police officer or other designated official to inspect on a regular basis, dwellings, buildings, structures and premises to determine whether any conditions exist which render such premises dangerous buildings or conditions within the terms of § 107-1, above. In addition, a police officer or other designated official shall inspect any building, wall, structure or condition about which complaints are filed by any person to the effect that a building, wall, structure or condition is or may be in violation of this chapter.
B.
Whenever an inspection discloses that a dwelling, building,
structure or condition has become a public nuisance, a police officer or other
designated official shall issue a written notice to the person or persons
responsible therefor. The notice:
(1)
Shall be in writing;
(2)
Shall include a statement for the reasons it is being
issued together with a statement of the particulars which make the said dwelling,
building, structure or condition a "dangerous building or condition";
(3)
Shall state a reasonable time to rectify the conditions
constituting the nuisance or to remove and demolish the dwelling, building
or condition; and
(4)
Shall be served upon the owner, or his agent, or the
occupant, as the case may require.
(a)
Except in emergency cases and where the owner, occupant,
lessee, or mortgagee is absent from the Borough of Coudersport, all notices
shall be deemed to be properly served upon the owner, occupant or other person
having an interest in the dangerous building or premises upon which is located
a dangerous condition, if a copy thereof is served upon him personally, or
if a copy thereof is posted in a conspicuous place in or about the structure
or premises affected by any other method authorized or required under the
laws of the commonwealth.
(b)
Except emergency cases, in all other cases where the
owner, occupant, lessee, or mortgagee is absent from the Borough of Coudersport,
all notices or orders provided for herein shall be sent by registered mail
to the owner, occupant, and all other persons having an interest in said building
or premises, as shown by the records of the County Recorder of Deeds, to the
last known address of each, and a copy of such notice shall be posted in a
conspicuous place on the dangerous building or premises to which it relates.
Such mailing and posting shall be deemed adequate service.
(5)
May contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant hereto.
C.
Appear at all hearings conducted by a police officer
or other designated official and testify as to the condition of dangerous
buildings or conditions.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter, may request
and shall be granted a hearing on the matter before Borough Council; provided,
that such person shall file with the Borough Council a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served. Upon receipt of such petition,
Borough Council shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing the petitioner shall
be given an opportunity to be heard and to show why such notice should be
modified or withdrawn. The hearing shall be commenced not later than 20 days
after the day on which the petition was filed.
B.
After such hearing the Borough Council shall sustain,
modify or withdraw the notice. If Borough Council sustains or modifies such
notice, it shall be deemed to be an order. Any notice served pursuant to this
chapter shall automatically become an order if a written petition for a hearing
is not filed with Borough Council within 10 days after such notice is served.
C.
Hearing dates may be continued to a time and date mutually
convenient provided that all parties agree to such continuance.
D.
Any aggrieved party may appeal the final order of Borough
Council in accordance with the provisions of the Local Agency Law. Any such
appeal must be filed with the Borough Council within 30 days of the date of
the final order of the Borough Council and shall set forth with particularity
all bases and reasons which support said appeal together with all of the material
facts stated in a concise and summary form which give rise to the appeal.
Any aggrieved party shall waive and abandon all reasons, bases, arguments,
and issues not presented in the appeal at the time of filing.
No person shall remove or deface the notice of dangerous building, except
as provided by this chapter.
Whenever a police officer or other designated official finds that an
emergency exists which requires immediate action to protect the public health,
he may, without notice or hearing, issue an order reciting the existence of
such an emergency and require that such action be taken as is necessary to
meet the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately. Any person to whom such order is
directed shall comply therewith immediately, but upon petition to the police
officer or designated official shall be afforded a hearing as soon as possible.
After such hearing, depending upon the findings as to whether the provisions
of this chapter have been complied with, the police officer or other designated
official shall continue such order in effect, or modify, or revoke it. The
costs of such emergency repair, vacation or demolition of such dangerous building
shall be collected in the same manner as provided herein for other cases.
If the owner, occupant, mortgagee, or lessee fails to comply with the
order of a police officer or other designated official within the time specified
in the notice issued by the police officer or other designated official, the
police officer or other designated official shall cause such building or structure
to be repaired, vacated, or demolished as the facts may warrant, under the
standards hereinbefore provided. The Borough of Coudersport may collect the
cost of such repair, vacation or demolition together with a penalty of 10%
of such cost, in the manner provided by law. In addition, the claim of the
Borough of Coudersport for the cost of such repair, vacation or demolition,
together with the penalty, shall constitute a municipal claim of the Borough
of Coudersport for which it may file a lien and be entitled to the other methods
of collection as provided under applicable law, 53 P.S. § 7101 et
seq.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs
and, in default of payment thereof, shall be subject to imprisonment for a
term not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
No officer, agent or employee of the Borough of Coudersport shall render
himself personally liable for any damage that may accrue to persons or property
as a result of any action or suit brought against any officer, agent or employee
of the Borough of Coudersport as a result of any act required or permitted
in the discharge of his duties under this chapter.
