[HISTORY: Adopted by the Borough Council of the Borough of New Wilmington 9-7-2004
by Ord. No. 473. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "New Wilmington Borough
Dangerous Buildings and Structures Ordinance."
This chapter shall apply uniformly to all persons, business organizations,
nonprofit organizations and all other legal entities; and, it shall apply
uniformly to all property and all property owners within the Borough of New
Wilmington.
A.
Unless otherwise specifically defined below, words or
phrases used herein shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the ordinance its most reasonable
application consistent with its intent.
B.
The word "shall" is always mandatory and not merely directory.
C.
The word "Council" shall mean the existing elected or
appointed members of the New Wilmington Borough Council.
D.
The word "Borough" shall mean the Borough of New Wilmington,
County of Lawrence, Commonwealth of Pennsylvania.
E.
The words "dangerous buildings and structures" shall
mean all the buildings or structures, which has any or all the following defects;
and all such buildings or structures shall be deemed "dangerous buildings"
as:
(1)
Those which have been damaged by fire, wind or other
cause and/or neglect so as to fail utterly to provide the amenities essential
to decent living and are unfit for human habitation or for the use for which
it is designed;
(2)
Those which have been damaged by fire, wind or other
cause and/or neglect so as to have become dangerous to the life and safety,
morals or the general health and welfare of the occupant or the people of
the Borough;
(3)
Those that have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living so that they are unfit for human habitation or for the use
of which it is designed;
(4)
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living and/or are likely to cause accidents, sickness or disease,
so as to work injury to the health, morals, safety or general welfare of those
living therein or to other citizens of the Borough;
(5)
Those which have parts thereof which are so attached
that they might fall and injure members of the public or adjoining property;
or
(6)
Those which, because of their general condition, are
unsafe, unsanitary or dangerous to the health, morals, safety or general welfare
of the people of the Borough.
F.
Words used in the present tense include the future and
past; words in the plural number include the singular; words in the singular
number include words in the plural; and words either in the feminine, masculine
or neuter shall include words of the other two genders.
A.
All dangerous buildings are hereby declared to be public
nuisances and shall be repaired, vacated and/or demolished.
B.
Each day a nuisance in the form of a dangerous buildings
continues, after notice is given that said dangerous building is to be repaired,
vacated and/or demolished, shall constitute a separate offense in violation
of this chapter.
A.
Whenever it is reported or comes to the attention of any person, citizen, Borough official or police officer that any building or structure completed or in the process of construction or any portion thereof is in a dangerous condition [any of those conditions outlined in § 133-3E(1) through (6), inclusive, of this chapter], such person shall report the same to the Borough Council or to the Mayor. If reported to the Mayor, then the Mayor shall notify the Borough Council.
B.
The Borough Council shall then appoint a designee to
make an investigation and examine the building or structure reported to be
in a dangerous condition. If the designee making the investigation believes
that a building or structure is a dangerous building, then a written report
of the investigation specifying the condition of the building or structure
and in what respect it is a dangerous building should be made and presented
to Borough Council. The report may recommend whether the dangerous building
can be repaired or whether it shall be demolished as a dangerous building.
The Council of the Borough of New Wilmington shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided for hereinabove in § 133-5 of this chapter, give written notice to the owner or owners of such dangerous buildings as determined by the records in the County Assessment and Recorder of Deeds offices in and for the County of Lawrence, in the Commonwealth of Pennsylvania. Notice mailed to the owner or owners as listed on the assessment card and at the address given on the assessment card for the dangerous building(s) in the Assessor's Office of Lawrence County, Pennsylvania, and sent by certified mail with a return receipt, shall be deemed proper and full notice; or failing to find any owner or owners, the notice shall be given to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building as the Borough may discover, and said notice shall inform the owner or other party to appear before Council on a date specified to show cause why the building or structure reported as a dangerous building should not be repaired, demolished or vacated in accordance with any written report to Council or determination made by Council;
B.
Within not less than 10 days nor more than 60 days from
the date of such notice, hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or other person having an interest in said building
shall offer related to the dangerous building;
C.
Within 30 days of such hearing, make written findings
of fact from the testimony offered pursuant to the hearing as to whether or
not the building in question is dangerous building; and
The following standards shall be followed in substance by the Council
in ordering repair, vacation or demolition of a dangerous building:
A.
If the dangerous building can be repaired as determined
by the Council so that it will no longer exist in violation of the terms of
the chapter, it shall be ordered repaired.
B.
If the dangerous building is in such condition as to
make it dangerous to the health, morals, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C.
If the dangerous building cannot be reasonably repaired
as determined by the Council, it shall be demolished.
D.
If the dangerous building is a fire hazard or is existing
or erected in violation of the terms of this chapter, any other ordinance
of the Borough or any statute of the Commonwealth of Pennsylvania, it shall
be demolished.
A.
If any building or structure is deemed to be a dangerous building within the standards of this chapter after the hearing, then Council, within the time set forth in § 133-6D of this chapter, shall cause notice of the order issued under § 133-6D, of this chapter to be served upon the owner or owners of such dangerous buildings as determined by the records previously or who appeared at the hearing or, if known, to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building who can be located.
B.
The notice and order required by this section shall be
served personally upon the owner or owners of a dangerous building if such
owner resides, or such owners reside, in the Borough or personally upon his
agent if such agent resides within the Borough. If personal service required
herein cannot be obtained, such notice shall be sent to the owner or owners
of a dangerous building by certified mail at the last known address according
to the records available in the Tax Assessment Office in and for the County
of Lawrence in the Commonwealth of Pennsylvania.
C.
The notice and order shall identify the building or structure
deemed dangerous, contain a statement of the particulars which made this building
or structure a dangerous building and include an order requiring the same
to be put in such condition as to conform with the terms of this chapter;
provided, further, in any case where the notice prescribes the repair of any
structure, the owner thereof shall have the option to demolish such structure
in lieu of making the repairs thereto within the time period provided.
D.
The notice and order shall require any person notified
to repair, vacate or demolish any building to commence the work or act required
by the notice within 10 days of such notice and to comply with such repair,
vacation or demolition within 60 days from the receipt of such notice.
A.
Any owner, occupant or lessee who is in possession of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish any dangerous building issued under § 133-8 of this chapter or who violates any of the other provisions of this chapter shall, upon conviction before a District Justice, be subject to a fine not exceeding $300, plus costs. Each day of a violation shall be considered separate violations and offenses.
B.
Any person having an interest in any building who fails
to comply with any notice or order to repair, vacate or demolish any dangerous
building within 90 days of the receipt of such notice, by such failure does
empower the Council to cause such building or structure to be repaired, vacated
or demolished by the Borough and to cause the costs of such repair, vacation
or demolition, together with an overhead of 10% to be charged upon the land
upon which the building exists as a municipal lien, or alternatively to recover
such cost and overhead in a suit at law against the owner or owners, but failing
to recover same to have the judgment therefor to be charged upon the land
as a lien; and, this subsection is separate from an in addition to the fine,
penalty and cost which may be imposed by any other subsection of this section.
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building, the Council shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected as provided for in § 133-9B of this chapter.
A.
In the event of any provision, section, sentence, clause
or part of this chapter being held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause or part
of the chapter, it being the intent of the Borough that such remainder shall
be and shall remain in full force and effect, and for this purpose the provisions
of this chapter are hereby declared to be severable.
B.
In the event of any legislation by the Commonwealth of
Pennsylvania becoming effective dealing with the same or similar subject matter
as that included herein, such shall remain in full force and effect if it
is more restrictive and not inconsistent with such legislation, but if such
legislation is more restrictive than, inconsistent with, or both, then this
chapter shall be interpreted according to such legislation and shall be superseded
to the extent necessary to give such legislation appropriate effect. However,
all the remainder of the chapter shall be and shall remain in full force and
effect, and for this purpose the provisions of this chapter are hereby declared
to be severable.
