[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 3-10-1969 by Ord. No.
545, approved 3-10-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 210.
[Amended 7-9-1973 by Ord.
No. 629, approved 7-9-1973; 5-1-2018 by Ord. No.
1349, approved 5-1-2018]
A.
Pursuant to the power set forth in Section 1202, Subsection 48 of
the Borough Code,[1] and for the purpose of carrying said section into effect,
there is created in the Borough of Middletown an Historical Restoration
Commission, which Commission shall be composed of seven persons, one
of whom shall be appointed to serve for a term of one year from January
1, 1969, two persons to serve for a period of two years, one person
to serve for three years, two persons to serve for four years and
one person to serve for five years. Thereafter, following the original
appointments, the terms of the members of the Historical Restoration
Commission shall be for a term of five years. These members shall
serve from the date of their appointment by the Borough Council for
the terms herein stated and until their successors are duly appointed
and qualified.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202.
B.
In the event that a member of the Commission shall resign their appointment
prior to the natural expiration of their term, any individual appointed
in replacement thereof shall be appointed to serve the remaining period
of the resigning member's term. Only upon the natural expiration
of the resigning member's term shall the replacement member be
eligible for subsequent appointment to a full five-year term.
A.
The
Commission shall seek out and maintain a written catalogue file of
all property of historical or antiquarian interest within the Borough
of Middletown.
B.
The
Commission shall encourage private property owners who own property
of an historical or antiquarian value to maintain, restore and repair
this property.
C.
The
Historical Restoration Commission is directed and authorized to maintain
public ancient landmarks and other public property of historical or
antiquarian interest located in the Borough of Middletown and to seek
the technical assistance that may be provided by the Pennsylvania
State Historical Commission. It shall adopt rules and regulations
controlling the maintenance, restoration, repair, operation and supervision
of ancient public landmarks and other property of historical or antiquarian
interest.
D.
The
Commission shall have the power to promote the preservation of historic
sites, landmarks and other property of an historical or antiquarian
nature associated with the history of the Borough of Middletown and
also to promote educational interest in all such historical matters.
E.
The
Commission shall have the power to recommend to the Borough Council
that certain historical or ancient sites and landmarks be acquired
by the Borough, either by gift or purchase.
F.
The
Commission shall have the power to designate historical and antiquarian
sites and landmarks and to administer and control such sites and landmarks
as may be acquired by the Borough of Middletown. It shall also have
the power to transfer, with the approval of the Borough Council, any
object of historical or antiquarian value or significance which the
Commission may decide it does not desire to use or display to the
proper state agency or other historical society or association which
may use it for such purpose or purposes as may be needed.
G.
The
Commission shall have the power to accept on behalf of the Borough
of Middletown, with the approval of the Borough Council, all gifts,
consisting of documents, paintings and other objects of historical
or antiquarian value, as well as money for the uses and purposes as
set out in this chapter or any amendment hereto.
H.
The
Commission shall have the power to administer the operation of any
museum or museums that may be established by said Commission after
first receiving approval for its or their establishment from the Borough
Council.
A.
The
Historical Restoration Commission shall have the right, subject to
the approval of the present property owner and to Council consent,
to certify various structures or sites of historical, artistic, architectural
or antiquarian value and worthy of preservation. The Borough will
finance all costs pertaining to certification and recording fees.
B.
Buildings
or sites thus certified shall be marked with appropriate plaques or
markers. The Borough will finance the cost of the plaques or markers
from Borough funds or from donations from service clubs or private
interests.
C.
Buildings
or sites thus certified may not be destroyed or externally denatured
without consent of the Borough Council, acting upon the advice of
the Historical Restoration Commission.
The Commission shall have exclusive custody and control of all
ancient public landmarks and other property of historical or antiquarian
interest committed to it by the Borough Council or the Commonwealth
of Pennsylvania under any statute or ordinance placing the same under
the supervision and under the control of the Pennsylvania State Historical
Commission. The Commission shall have no power to expend any funds
of the Borough without those funds first being appropriated by the
Borough Council by proper ordinance or motion. Requests for funds
shall be submitted to the Borough Council by the Commission no later
than September 1 of any year for inclusion in the following year's
budget.
[Amended 5-1-2018 by Ord.
No. 1349, approved 5-1-2018]
A.
The
Historical Restoration Commission shall meet regularly at a stated
time and place at least four times annually and shall hold such other
meetings as may be required to perform the duties prescribed in this
chapter. The Historical Commission shall submit an annual report of
its activities to the Borough Council.
B.
Special
meetings of the Historical Restoration Commission may be held at the
call of the Chairman or any three members, at which meeting no other
business shall be transacted except that specified in the call.
C.
The
ordinary rules of order shall govern the transaction of all business,
and four members shall constitute a quorum. The order of business
shall be conducted in accordance with such rules and regulations as
the Historical Restoration Commission shall adopt.
The Historical Restoration Commission may, from time to time,
adopt such rules and regulations and issue such reasonable orders
as may be needful for the protection and care of such ancient landmarks
and other property of historical or antiquarian interest which may
come under its care and protection and as may be needful for the protection
of said property so that its cultural aspect may be maintained for
the people of the Borough, State of Pennsylvania and all others who
may have interest in said ancient landmarks or other property of historical
or antiquarian interest located in the Borough of Middletown. It may
adopt rules as to when said property will be open for inspection by
the public and when said property may be inspected by students or
others studying the cultural aspect of the historical property, and
said notices shall be posted in the offices of the Borough and all
such ancient landmarks and other property of historical or antiquarian
interest which may be opened to the public. Before these rules become
operative or any amendment thereto shall become operative, they shall
be approved by the majority vote by the members of the Borough Council
as provided for in the Borough Code.
The Historical Restoration Commission shall have general supervision
over the sanitary conditions of the ancient landmarks and other property
of historical or antiquarian interest, and it shall be its duty to
maintain said property in a clean and sanitary condition and allow
no nuisance to be created, and if one should be created, the Commission
shall abate said nuisance immediately in accordance with the Borough
Code and the laws of the state and ordinances of the Borough of Middletown.
