[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 10-21-2003 by Ord. No. 2003-9. Amendments noted where
applicable.]
This chapter shall be known as and may be cited
as "Old Forge Borough Dangerous Buildings 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 Old Forge.
A.
Unless otherwise specifically defined below, words
or phrases used herein shall be interpreted so as to give them the
same meanings as they have in common usage and so as to give this
chapter its most reasonable application consistent with its intent.
B.
The word "shall" is always mandatory and not merely
directory.
C.
BOROUGH
COUNCIL
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
(5)
(6)
As used in this chapter, the following terms shall
have the meanings indicated:
The Borough of Old Forge, County of Lackawanna, in the Commonwealth
of Pennsylvania.
The Borough Council of the Borough of Old Forge. (See "Borough"
hereinabove.)
All the buildings or structures which have any or all of
the following defects, and all such buildings or structures shall
be deemed dangerous buildings:
Those which have been damaged by fire, wind
or other cause so as to utterly fail to provide the amenities essential
to decent living and are unfit for human habitation;
Those which have been damaged by fire, wind
or other cause so as to have become dangerous to the life and safety
or the general health and welfare of the occupants or the people of
the Borough;
Those which 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;
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 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, as well as other citizens
of the Borough;
Those which have parts thereof which are so
attached that they might fall and injure members of the public or
adjoining property; or
Those which, because of their general condition,
are unsafe, unsanitary or dangerous to the health, safety or general
welfare of the people of the Borough.
D.
Words used in the present tense include the future
and the past, words in the plural number include the singular, words
in the singular number include the words in the plural, and words
either in the feminine, masculine or neuter shall include words of
the other genders.
A.
All dangerous buildings are hereby declared to be
public nuisances and shall be repaired, vacated or demolished.
B.
Each day a nuisance in the form of a dangerous building
continues, after notice is given that said dangerous building is to
be repaired, vacated or demolished, shall constitute a separate offense
in violation of this chapter.
Whenever it shall be reported or come to the
attention of any 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, such person shall report
the same to the Council, and the Council shall immediately designate
a Borough official, employee or police officer to make an investigation
and examination of such building or structure. If such investigation
or examination indicates such building or structure to be a dangerous
building, a written report of such investigation shall be sent to
the Council, specifying the exact condition of such building or structure
and setting forth whether or in what respect the structure is dangerous
and whether the structure is capable of being properly repaired or
whether it shall be removed as a dangerous building.
The Council of the Borough shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided for hereinabove in § 112-5 of this chapter, give written notice to the owner or owners of such dangerous building as determined by the record in the office of the Recorder of Deeds in and for the County of Lackawanna in the Commonwealth of Pennsylvania, or, failing to find any owner or owners, then such occupant, mortgagee, lessee, agent, or any other person with an interest in said dangerous building who may be located, to appear before the Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, demolished or vacated in accordance with the statement of particulars set forth in the notice provided for herein;
B.
Within not less than 10 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 building in question being
a 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 a 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 this chapter, it shall be ordered repaired.
B.
If the dangerous building is in such condition as
to make it dangerous to the health, 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 or any other
ordinance of the Borough or any statute of the Commonwealth of Pennsylvania,
it shall be demolished.
A.
If any structure is deemed to be a dangerous building
within the standards of this chapter, the Council shall forthwith
cause notice to be served upon the owner or owners of such dangerous
building as determined by the record in the office of the Recorder
of Deeds in and for the County of Lackawanna in the Commonwealth of
Pennsylvania, or, failing to find any owner or owners, then such occupant,
mortgagee, lessee, agent, or any other person with an interest in
said dangerous building who may be located.
B.
The notice 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 Lackawanna in the Commonwealth
of Pennsylvania.
C.
Such notice 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 remove such structure in lieu of making the repairs
thereto within the time period provided.
D.
Such notice 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.
E.
The Council shall cause to be placed on all dangerous
buildings a notice reading essentially as follows:
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"This building has been found to be a dangerous
building by the Council for the Borough of Old Forge, County of Lackawanna,
in the Commonwealth of Pennsylvania. This notice is to remain on this
building until it is repaired, vacated or demolished in accordance
with the notice which has been given to the owner, occupant, lessee,
mortgagee, or the agent of the building. It is unlawful to remove
this notice until compliance is made under the terms contained in
the notice served on the above-named party."
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A.
All fines provided for in this section shall be in
addition to costs.
B.
Any person who shall fail to comply with any notice
or order to repair, vacate or demolish any dangerous building, which
notice is served by any person authorized to do so by the Council,
shall, upon conviction before a Magisterial District Judge, be subject
to a fine not exceeding $1,000, plus costs, and, in default of payment
of such fine and costs, shall be subject to imprisonment for a period
not exceeding 30 days.[1]
C.
D.
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 60 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 a penalty of 10%, to be charged upon the land upon which the
building exists as a municipal lien or, alternatively, to recover
such costs and penalty in a suit at law against the owner or owners,
but, failing to recover same, to have judgment therefor to be charged
upon the land as a lien, and this subsection is separate from and
in addition to the fine, penalty and costs 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 § 112-9D of this chapter.
