Borough of Phoenixville, PA
Chester County
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Table of Contents
Table of Contents

§ 4-101 System for Numbering Houses.

[Ord. 7/8/1890, § 2]
For a more uniform system of numbering houses, Bridge Street shall be considered the central line in numbering north and south.
South from:
Bridge to Church
1 to 100
Church to Washington Avenue
100 to 200
Washington Avenue to First Avenue
200 to 300
First Avenue to Second Avenue
300 to 400
Second Avenue to Third Avenue
400 to 500
Third Avenue to Fourth Avenue
500 to 600
Fourth Avenue to Fifth Avenue
600 to 700
Fifth Avenue to Sixth Avenue
700 to 800
Sixth Avenue to Morris Street
800 to 900
Morris Street to Griffen Street
900 to 1000
East and west from:
River to Starr Street
1 to 100
Starr Street to Main Street
100 to 200
Main Street to Gay Street
200 to 300
Gay Street to Buchanan Street
300 to 500
Buchanan Street to Nutt Avenue
500 to 700
Nutt Avenue to Pennsylvania Avenue
700 to 800
Pennsylvania Avenue to Chester Avenue
800 to 900
Chester Avenue to Columbia Avenue
900 to 1000
Columbia Avenue to Latshaw Avenue
1000 to 1100
And north from:
Bridge Street to High and Main Street
900 to 1000
High and Main Street to St. Mary's Street
1100 to 1200
St. Mary's Street to Emmett Street
1200 to 1300
Emmett Street to Grant Street
1300 to 1400
Grant Street to Fillmore Street
1400 to 1500
Fillmore Street to Schuylkill Avenue
1500 to 1600
Schuylkill Avenue to Borough line
1600 to 1700
And east and west from:
River to Dayton Street
1 to 100
Dayton Street to South Street
100 to 200
South Street to Marshall Street
200 to 300
Marshall Street to Franklin Avenue
300 to 400
Franklin Avenue to Fairview Street
400 to 500
Fairview Street to
500 to 600

§ 4-102 Odd and Even Numbers.

[Ord. 7/8/1890, § 3]
The odd numbers shall be on the north and east sides, and the even numbers on the south and west sides of the streets.

§ 4-103 Numbering on Nutt Road.

[Ord. 3/8/1927, § 2]
All houses and business places located on Nutt Road shall be numbered as follows:
From the Borough line east to Main Street
1 to 99
From Main Street to Gay Street
100 to 199
From Gay Street to Lincoln Avenue
200 to 299
From Lincoln Avenue to Buchanan Street
300 to 399
From Buchanan Street to Bridge Street
400 to 499
From Bridge Street to Callowhill Street
500 to 599
From Callowhill Street to Borough line, west
600 to 699

§ 4-104 Odd and Even Numbers on Nutt Road.

[Ord. 3/8/1927, § 3]
The odd numbers shall be on the northerly and northeasterly side of Nutt Road and the even numbers on the south and southwesterly side thereof.

§ 4-105 External Identification of Separate Buildings Forming Part of an Apartment Complex or of a Public Housing Complex.

[Ord. 1306, 3/15/1977, § 1]
All separate buildings forming part of an apartment complex or of a public housing complex shall be externally identified by letter or number which said external identification shall be attached to or painted or the outside portion of said buildings facing the street or private roadway nearest them. The external identification shall be one-foot in height and shall not be illuminated but shall be clearly visible from said street or private roadway in order to assist agencies responding to emergency calls in locating the place of emergency. The placement of the external identification shall receive the prior approval of the Borough's Building Inspector.

§ 4-106 Penalty for Violation.

[Ord. 1306, 3/15/1977, § 2; as amended by Ord. 1607, 11/14/1989, § 3; and by A.O.]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

§ 4-201 Short Title.

[Ord. 1858, 6/15/1999, § 1]
This Part shall be known and may be cited as the "Phoenixville Borough Abatable Structure Ordinance."

§ 4-202 Purposes.

[Ord. 1858, 6/15/1999, § 2]
The purposes of this Part include, but are not necessarily limited to:
A. 
Providing a procedure for determining whether structures or parts of structures, are, by virtue of their condition dangerous or harmful to the public health, safety and welfare and should be demolished, by the Borough.
B. 
Providing notice to the property owner and a reasonable opportunity to abate the public nuisance before the Borough does.
C. 
Providing a procedure by which demolition and/or removal of an abatable structure may be done by the Borough.

§ 4-203 Definitions.

[Ord. 1858, 6/15/1999, § 3]
Unless otherwise expressly stated, the following words, when used in this Part, shall have the meanings indicated below. The present tense includes the future tense, the singular number includes the plural number, the plural number the singular and the masculine gender includes the feminine and neuter genders.
ABATABLE STRUCTURE(S)
A structure(s), or part hereof, which is:
1. 
A public nuisance and nuisance in fact for any reason which may involve, but is not limited to the structure being:
A. 
Dangerous or hazardous to the public safety.
B. 
Likely to cause accidents, sickness or disease to the public.
C. 
An attractive nuisance to and a danger to children.
D. 
A habitat for vectors or vermin.
E. 
Damaged by fire, wind, vandalism, infestation or any other cause or deteriorated or decayed due to neglect, failure to maintain or complete or any other cause to a degree which has rendered the structure subject to collapse or structural failure.
F. 
In violation of Borough property maintenance regulations.
G. 
Incomplete, not being actively worked on or kept secure and which has no economic value.
2. 
A nuisance that can be abated efficiently, by the Borough, only by demolition of the structure.
BOROUGH
The Borough of Phoenixville, Chester County, Pennsylvania.
BUILDING
Aany structure having a roof, designed to be enclosed by walls.
CODE ENFORCEMENT OFFICER or OFFICER
A Borough official authorized by Council to enforce this Part.
COUNCIL
The Borough Council.
COUNTY
Chester County, Pennsylvania.
DEPARTMENT
Tthe Borough's Code Enforcement Department.
DEPARTMENT'S DETERMINATION
A Code Enforcement Officer's determination that a structure is an abatable structure that the Borough should demolish.
OWNER(S)
Eeach and every legal owner of the property.
PROPERTY
Tthe parcel or parcels of land upon which an abatable structure is located.
RECORDER'S OFFICE
Tthe Recorder of Deeds in and for the County.
STRUCTURE
Aany manmade object having an ascertainable stationary location whether or not affixed to the and; all buildings and other constructed improvements to real property including, but not limited to, retaining walls, towers, antenna, stand pipes, erected poles, paving, equipment and/or fixtures attached to a building and/or other constructed improvement and underground facilities, are structures for purposes of this Part.
TAX RECORD OWNER
Tthe record owner(s) of the property as identified on the current real estate tax records of the County Department of Assessment Appeals or as identified by a title company.
TITLE COMPANY
A real estate title insurance or abstract company authorized to do business as such in Pennsylvania.

§ 4-204 Abatable Structures Declared Public Nuisances.

[Ord. 1858, 6/15/1999, § 4]
The owner of a structure(s) found to be (an) abatable structure(s), pursuant to the procedures established by this Part, shall abate such nuisances promptly, completely and in compliance with all applicable regulations.

§ 4-205 Preliminary Investigation and Procedures.

[Ord. 1858, 6/15/1999, § 5]
1. 
Whenever it shall be reported to or come to the attention of the Borough Manager, the Borough Engineer, Public Works Department personnel, the Fire Marshall, the Fire Chief, any member of any Fire Department or any Borough police officer that any structure, whether complete or in the process of construction, or any portion of such structure, is or may be dangerous to public safety or in any way a public nuisance, that person should notify the Department, and also provide the Department with written confirmation of such notice. Such notice shall briefly describe the structure and the dangerous conditions, and identify the property by street address and, if known to the reporter, the owner's name(s) and address(es) and any other information believed by the reporter to be helpful to the Department for purposes of this Part.
2. 
Upon receipt of information, from any source, that a structure is or may be an abatable structure, the Department shall investigate the structure promptly.
3. 
If a Code Enforcement Officer determines (i.e., makes a Department's determination) that a structure is an abatable structure, the Officer shall issue a violation notice (Abatable Structure Notice) and may also issue a cease and desist order or any other order or process to the tax record owner and if known to the Officer, to the owner(s), if different from the tax record owner. The Abatable Structure Notice should:
A. 
Identify the property and structure by street address and County real estate tax parcel number.
B. 
Identify the condition(s) which the Officer finds cause the structure to be a public nuisance.
C. 
Identify the type of public nuisance(s) that the structure causes.
D. 
Identify the Borough regulation(s) that the structure violates.
E. 
State that the Officer has determined that the structure is not capable of being repaired efficiently and that the Borough should demolish or remove the structure if nuisance conditions are not abated promptly and in compliance with all applicable regulations.
F. 
Identify what actions must be taken to eliminate the nuisance and regulatory violations and by what time such actions must be completed.
G. 
State that unless the public nuisance is abated to the Department's satisfaction or an appeal is taken from the Department's determination, the Borough may, after 30 days from service of the Abatable Structure Notice or upon a final order in any appeal of the Department's determination, demolish and remove the structure at the owner's cost and lien and execute on the property for the Borough's costs including, but not limited to, attorney's fees and interest on all such costs, until paid.
H. 
State that the owner(s) and any other interested party(ies) have the right to appeal the Department's determination and order to the Council, at any time which is at least five days prior to the date set for Council's hearing, that such appeals must be in writing, must identify the appellant(s) by name and address, must identify the reasons why the Department's determination is challenged and must be filed with the Borough Secretary.

§ 4-206 Notice Procedures.

[Ord. 1858, 6/15/1999, § 7]
1. 
The Abatable Structure Notice shall be served upon the tax record owner of the property and may be served upon the following to the extent known to or reasonably discoverable by the Department, and to the extent different from the tax record owner:
A. 
The owner(s).
B. 
Any occupant and/or lessee of the property.
C. 
Any mortgagee with a recorded mortgage encumbering the property.
D. 
Any lien or judgment creditor, or other person or legal entity having any record interest of any nature whatsoever in the property.
2. 
The Department may secure from the Recorder's Office or any title company, a copy of the current record deed or other indenture and/or a title report for the property and may ascertain from such documents and/or the Recorder's Office or title company, the owner(s) and any mortgagee and/or other interested party.
3. 
Service of the Abatable Structure Notice shall be made, by personal service or by any form of mail requiring the addressee's signed receipt, on the tax record owner(s) and may be made in such manner on any other person identified in subsection (1) or any such person's authorized agent. Service shall be complete upon such personal delivery or delivery of such mail. If such mail to the tax record owner(s) is returned with the notation, by the U.S. postal authorities, that the addressee did not accept the mail or that it was not claimed, the Department shall serve the Abatable Structure Notice by mailing a copy to the tax record owner(s) at the same address by regular mail, postage prepaid, with the return address of the Department appearing thereon. If such mail service to parties other than the tax record owner(s) is returned with the notation by the U.S. Postal authorities, that the addressee refused to accept the mail or that it was not claimed, the Department may serve the Abatable Structure Notice by mailing a copy to such person at the same address by regular mail, postage prepaid, with the return address of the Department appearing thereon. The Abatable Structure Notice may be served by regular mail, for purposes of this Subsection, at the same time that it is mailed in a manner requiring the addressee's signed receipt. No matter when made, service by regular mail shall be considered complete if the mail is not returned to the Borough within 15 days after mailing. If such regular mail notice, sent to tax record owner is returned within 15 days after mailing, the notice shall be given by publication pursuant to subsection (5) below.
4. 
The Abatable Structure Notice may be affixed to the abatable structure or posted on the property in a manner that, given the condition of the structure and the property, will be visible from the street or at the structures main entrance.
5. 
The Abatable Structure Notice may also be advertised in the public notice section of a newspaper of general circulation in the Borough once, not more than 30 days nor less than seven days prior to the hearing.
6. 
The Abatable Structure Notice, required by §§ 4-205(3) and (4), shall be such as is reasonable (1) to communicate that the Department has determined that a specifically identified structure is a public nuisance, an abatable structure and should be demolished, (2) to identify the property and (3) to give notice as to how and when such determination may be appealed. Such notice may be given by using a form which is substantially as follows:
ABATABLE STRUCTURE NOTICE
To the owners, occupiers and all other persons (collectively "Interested Parties") having an interest in the property (Property') located in the Borough of Phoenixville ("Borough"), Chester County, Pennsylvania, and known as [address] _____, which Property is identified by Chester County as real estate tax parcel 15- __________:
The Borough Code Enforcement Department ("Department") has determined that the structure, or a portion of it, on the Property, is a public nuisance, violates Borough regulations and should be repaired and/or demolished and/or removed. The Department has also determined that the Borough should demolish and remove the structure, at the Owners(s) expense, if the structure is not repaired, so that the public nuisance is eliminated, or demolished and removed within such time as Borough Council ("Council") may order. Any person or legal entity who wishes to challenge the Department's determination must file a written appeal with the Borough Secretary, at the Borough Hall, 140 Church Street, Phoenixville, PA 19460, during regular business hours, on or before [5 working days prior to the hearing]. The written appeal shall identify the appellant(s) by name and address and reasonably identify the reasons why the Departments determination is challenged.
On _________, Council will hold a public hearing on the Department's determination. Any person or legal entity who so appeals may be a party at the hearing to be held by Borough Council. The hearing will be held at the Borough Hall, 140 Church Street, Phoenixville, PA. The hearing will be held in accordance with the provisions of the Pennsylvania "Local Agency Law" (the Act of April 28, 1978, P.L. 202, 2 Pa.C.S. § 551, et seq., as amended). Any party to the hearing may be represented by legal counsel. If you wish to attend the hearing and/or any Borough public meeting and are a person with a disability requiring an auxiliary aid, service or other accommodation to participate in the proceedings or attend the meeting, please contact [insert name of Manager], Borough Manager, at the Borough Hall, phone (610) 933-8801, to discuss how the Borough may best accommodate your needs.
Based on the evidence presented at that hearing, Council shall decide if and under what conditions the structure should be removed and/or demolished by the Borough. Council may allow a certain period within which the structure may be repaired and/or its nuisance conditions abated so that Borough demolition may be avoided. If such work is not done by the required date, according to Borough requirements and all applicable regulations, the Borough may do the work necessary to demolish and remove the structure and require the property owner to pay the Borough's costs. All such costs including, but not limited to, attorney's fees, shall be a municipal claim and lien on the Property and interest shall accrue thereon, at 10% per annum, until paid.
You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help.
Lawyer Referral Service
Chester County Bar Association
15 West Gay Street, P.O. Box 3191
West Chester, Pennsylvania 19381-3191
Telephone: (610) 692-1889
If you have any questions concerning this Notice and/or what Department's determination, you should contact [insert name of Code Enforcement Director], the Borough's Code Enforcement Director, at the Borough Hall, 140 Church Street, Phoenixville PA 19460, phone (610) 935-5635. However, it is important that you understand that nothing will extend the time for the hearing, as stated in this Notice, other than a written official extension notice from the Borough. If you do not file the required appeal or fail to appear at the hearing, you may lose your rights to challenge the Department's determination.

§ 4-207 Hearing Procedures and Adjudication.

1. 
Council shall hold a public hearing ("hearing") on the Department's Determination not less than 60 nor more than 90 days after the date the Department issues its Determination.
2. 
After the hearing is concluded, Council shall issue an adjudication ("adjudication"). The adjudication shall be in writing and may include Findings of Fact, Conclusions of Law, a Statement of Reasons for the adjudication and an order.
3. 
The hearing is to be conducted and any adjudication rendered by Council pursuant thereto shall be made and any appeal therefrom taken in accordance with the "Local Agency Law" (2 Pa.C.S. § 551 et seq.), as amended.
4. 
Any person or entity who or which wants to have party status at the hearing and with respect to the adjudication, must file a written entry of appearance and must establish the basis of the persons or entity's interest.
5. 
The adjudication required by subsection (2) above should be rendered by Council at its first regular meeting, at which a quorum is present, which is at least 30 days after the close of the record of the hearing.
6. 
Council's adjudication shall be served upon all parties or their attorney of record by first class regular mail, postage prepaid. The date the adjudication is mailed is the date it is "issued" for appeal purposes. Therefore, a cover letter should be mailed with the adjudication, which letter should state the mailing date.
7. 
Any order issued as part of the adjudication may contain provisions requiring the subject structure or any portion thereof to be repaired, stabilized, secured, fenced, removed, demolished or vacated, or may contain such other directive(s) as Council shall deem appropriate to protect the public health safety and welfare. The order may establish times by which such work must be begun and completed. All work shall be done in compliance with all applicable regulations and the order shall not waive any such regulations. The order may also give notice that the Borough may demolish and remove the structure, at the owner's expense, if the work required by the order is not completed timely and in compliance with all applicable regulations. All work should be subject to Borough inspection.
8. 
Any appeal of the adjudication and order issued by Council shall be filed with the Court of Common Pleas of Chester County within 30 days after the date of any such adjudication and order is issued, all as required by the Local Agency Law.

§ 4-208 Elements to Be Considered.

[Ord. 1858, 6/15/1999, § 8]
1. 
Council, in making the adjudication, shall consider whether the evidence presented pursuant to the hearing is sufficient to permit it to find and conclude that:
A. 
The structure is in such a condition that it is dangerous to the health, safety or general welfare and/or is a public nuisance, a nuisance in fact and an abatable structure.
B. 
The structure cannot be repaired economically so that it will no longer be a public nuisance.
C. 
The abatable structure should be demolished and removed by the Borough.
2. 
Determining whether reasonable repairs can be made to a structure to eliminate the conditions cited in the Abatable Structure Notice, Council may consider, among other things, the estimated cost of such repairs; the time required to make such repairs; the danger to the occupants of the structure to neighboring structures and persons, and to the general public; the estimated value of the structure before and after the necessary repairs; the existence of liens or claims of any nature against the property; the ability and willingness of the owner or other responsible persons to effect the repairs in a timely manner.

§ 4-209 Enforcement Procedures.

[Ord. 1858, 6/15/1999, § 9]
1. 
When Council's adjudication and order becomes final (e.g., because no appeal to Court is pending and the time for appeal has run or because appeals are exhausted) and Councils order, or any provision thereof, has not been complied with, within the time allotted, so that the abatable structure is still a public nuisance, the Borough may cause such abatable structure or portion thereof to be demolished and removed and all the Borough's costs (including attorney's fees for the condemnation, demolition and collection) and expenses of any such demolition and removal (together with all other charges authorized by statute, to the maximum extent authorized) may be charged and assessed against the property and shall be a municipal lien and claim thereon until paid in fill. Such claims shall earn interest at the maximum rate authorized by statute.
2. 
In addition to the right of the Borough to recover all costs and expenses and interest thereon, as a municipal claim and lien, the Borough shall have the ability to recover such costs in an action at law or in equity against any and all persons or entities which were the property's owner(s) at the time the order was violated and/or the demolition and removal work was done. Council intends that the remedies of this subsection shall be in addition to the Borough's other rights and remedies under subsection (1) above.
3. 
The Borough's rights and remedies under this Section are intended to be cumulative and in addition to and not to limit any other Borough right and/or remedy.

§ 4-210 Penalties.

[Ord. 1858, 6/15/1999, § 10]
In addition to all other provisions of this Part, any person or legal entity who or which shall fail to comply with the Councils order, issued as part of its adjudication pursuant to § 4-207 and/or any Code Enforcement Officer's order issued to enforce Council's order or any other provisions of this Part, shall be subject to a civil penalty not exceeding $1,000, together with costs, including attorney's fees. Each day that a violation continues shall be a separate violation for which a separate penalty may be imposed.

§ 4-211 Emergency Situations.

[Ord. 1858, 6/15/1999, § 11]
1. 
Notwithstanding anything else in this Part, in any case where it reasonably appears to the Department and/or Manager that there exists an immediate danger to the life, safety or health of any person and/or property by virtue of the existence of an alleged abatable structure, the Manager may, but is not obligated to, cause the immediate stabilization, demolition and/or removal of any such structure and to take such other actions all to the extent reasonably necessary to eliminate the immediate danger.
2. 
Promptly after determining that an emergency case exists, the Manager shall undertake to notify, by the best means reasonably possible, the owner(s) and any occupants of the structure which is in the dangerous condition.
3. 
All costs and expenses of such emergency repair, stabilization, demolition or removal with respect to any structure or portion thereof shall be recovered by the Borough as a municipal claim and lien.
4. 
After the Borough emergency work is complete, the Department shall issue an Abatable Structure Notice, with respect to the emergency conditions and any conditions that it determines should result in additional demolition by the Borough. The procedures of this Part will be used to adjudicate any challenge to the emergency action as well as any additional action.