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.
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
D. Within not more than 30 days following the hearing provided for in Subsection
B hereof, issue an order, based upon findings of fact made pursuant to Subsection
C hereof, demanding the owner of said building to repair, demolish or vacate any building found to be a dangerous building.
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.
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.