[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.
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South from:
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Bridge to Church
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1 to 100
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Church to Washington Avenue
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100 to 200
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Washington Avenue to First Avenue
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200 to 300
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First Avenue to Second Avenue
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300 to 400
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Second Avenue to Third Avenue
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400 to 500
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Third Avenue to Fourth Avenue
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500 to 600
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Fourth Avenue to Fifth Avenue
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600 to 700
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Fifth Avenue to Sixth Avenue
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700 to 800
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Sixth Avenue to Morris Street
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800 to 900
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Morris Street to Griffen Street
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900 to 1000
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East and west from:
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River to Starr Street
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1 to 100
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Starr Street to Main Street
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100 to 200
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Main Street to Gay Street
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200 to 300
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Gay Street to Buchanan Street
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300 to 500
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Buchanan Street to Nutt Avenue
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500 to 700
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Nutt Avenue to Pennsylvania Avenue
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700 to 800
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Pennsylvania Avenue to Chester Avenue
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800 to 900
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Chester Avenue to Columbia Avenue
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900 to 1000
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Columbia Avenue to Latshaw Avenue
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1000 to 1100
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And north from:
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Bridge Street to High and Main Street
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900 to 1000
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High and Main Street to St. Mary's Street
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1100 to 1200
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St. Mary's Street to Emmett Street
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1200 to 1300
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Emmett Street to Grant Street
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1300 to 1400
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Grant Street to Fillmore Street
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1400 to 1500
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Fillmore Street to Schuylkill Avenue
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1500 to 1600
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Schuylkill Avenue to Borough line
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1600 to 1700
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And east and west from:
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River to Dayton Street
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1 to 100
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Dayton Street to South Street
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100 to 200
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South Street to Marshall Street
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200 to 300
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Marshall Street to Franklin Avenue
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300 to 400
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Franklin Avenue to Fairview Street
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400 to 500
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Fairview Street to
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500 to 600
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[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.
[Ord. 3/8/1927, § 2]
All houses and business places located on Nutt Road shall be
numbered as follows:
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From the Borough line east to Main Street
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1 to 99
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From Main Street to Gay Street
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100 to 199
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From Gay Street to Lincoln Avenue
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200 to 299
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From Lincoln Avenue to Buchanan Street
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300 to 399
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From Buchanan Street to Bridge Street
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400 to 499
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From Bridge Street to Callowhill Street
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500 to 599
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From Callowhill Street to Borough line, west
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600 to 699
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[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.
[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.
[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.
[Ord. 1858, 6/15/1999, § 1]
This Part shall be known and may be cited as the "Phoenixville
Borough Abatable Structure Ordinance."
[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.
[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.
A structure(s), or part hereof, which is:
A public nuisance and nuisance in fact for any reason which
may involve, but is not limited to the structure being:
Dangerous or hazardous to the public safety.
Likely to cause accidents, sickness or disease to the public.
An attractive nuisance to and a danger to children.
A habitat for vectors or vermin.
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.
In violation of Borough property maintenance regulations.
Incomplete, not being actively worked on or kept secure and
which has no economic value.
A nuisance that can be abated efficiently, by the Borough, only
by demolition of the structure.
The Borough of Phoenixville, Chester County, Pennsylvania.
Aany structure having a roof, designed to be enclosed by
walls.
A Borough official authorized by Council to enforce this
Part.
The Borough Council.
Chester County, Pennsylvania.
Tthe Borough's Code Enforcement Department.
A Code Enforcement Officer's determination that a structure
is an abatable structure that the Borough should demolish.
Eeach and every legal owner of the property.
Tthe parcel or parcels of land upon which an abatable structure
is located.
Tthe Recorder of Deeds in and for the County.
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.
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.
A real estate title insurance or abstract company authorized
to do business as such in Pennsylvania.
[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.
[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.
[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:
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:
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ABATABLE STRUCTURE NOTICE
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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- __________:
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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.
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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.
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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.
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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.
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Lawyer Referral Service
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Chester County Bar Association
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15 West Gay Street, P.O. Box 3191
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West Chester, Pennsylvania 19381-3191
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Telephone: (610) 692-1889
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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.
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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.
[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.
[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.
[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.
[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.
