Borough of Media, PA Chapter 127 Buildings, Unsafe

[HISTORY: Adopted by the Borough Council of the Borough of Media 12-18-1969 by Art. VIII of Ord. No. 568. Amendments noted where applicable.]

§ 127-1 Notice of violation.

Whenever it is determined, upon inspection, that the construction, alterations, repairs, lack of repairs, use, condition, occupancy, care or maintenance of any buildings, structures, premises or land or of any vehicle, appliance or waste material thereon constitutes a nuisance in fact or a menace to health or a threat to public safety, the police, the Housing Inspector, the Fire Marshal or the Board of Health[1], its agents or representatives or any one of them shall notify, in writing, the owner or occupier of said buildings, structures, premises, land or part thereof of his determination. If notice as aforesaid cannot be given, then a copy of said notice shall be posted on the premises.

[1] Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."

§ 127-2 Orders of abatement.

At the time of the notification of determination aforesaid or at some later time, the police, the Housing Inspector, the Fire Marshal or the Board of Health, its agents or representatives may also deliver or have delivered a written order of abatement directed to the owner or occupier aforesaid requiring an abatement of the condition described within such time as may be specified in the order of abatement, and said order of abatement may provide for removal, replacement, repair, construction, installation or any other relief deemed appropriate by the police, the Housing Inspector, the Fire Marshal or the Board of Health, its agents or representatives.

§ 127-3 Failure to comply; costs; penalty.

In case such order of abatement is not obeyed within the time specified therein, the police, the Housing Inspector, the Fire Marshal or the Board of Health of the borough may direct or engage the appropriate borough employees or other persons to remove, correct or abate the condition described, and the expense therefor shall be recoverable from the owner of the premises, land, building or structure involved, together with a penalty of 10% of such expense, in the manner provided by law for the collection of municipal claims.

§ 127-4 Right of entry.

The police, the Housing Inspector, the Fire Chief and the Board of Health of the borough or such other persons as they may designate shall have the power to enter at any time upon any premises, land, buildings, structures or parts thereof which the police, the Housing Inspector, the Fire Marshal or the Board of Health of the borough suspects may constitute a nuisance in fact or a menace to health or a threat to public safety for the purpose of examining, inspecting, correcting or abating the same.

§ 127-5 Conditions requiring investigation.

Whenever any of the following conditions are brought to the attention of the police, the Housing Inspector, the Fire Marshal or the Board of Health of the borough, they shall, in their discretion, proceed to see whether the order of abatement provided for in this chapter shall be made. The following conditions are not meant to be all-inclusive, and other conditions, although not listed herein, may require the police, the Housing Inspector, the Fire Marshal or the Board of Health of the borough to proceed as hereinbefore set forth:

A. Noxious or offensive manufacture or business causing offensive odors, noise, illuminations, smoke or air pollution.

B. Dangerous buildings or structures.

C. Vacant or abandoned buildings or structures.

D. Buildings damaged by reason of fire, wind or water or other cause of negligence.

E. Improper or unsafe construction, repair or alteration, including a building which would require boarding up for security purposes.

F. Discharge or draining of harmful oils or fluids on lands or into streams.

G. Improper accumulation of debris, refuse, trash, garbage or manure.

H. Improper sanitation facilities, dumps or cesspools.

I. Dumping, storage or accumulation of junk.

J. Dangerous walls, excavations, holes, pits or fences.

K. Dangerous accumulation of water or other liquids or discharges in places endangering public safety.

L. Storage of business trucks, equipment or material in a residential district.

M. Dangerous trees or limbs, high grass or weeds.

N. Any hazardous tree limbs, branches, etc., that extend over and beyond any borough easement and/or right-of-way must have a clearance of 12 feet from the ground.

O. Repair or painting of motor vehicles in a residential district.

P. Abandoned vehicles or appliances.

§ 127-6 Abrogation; greater restrictions to apply.

Where the provisions of this chapter impose greater restrictions than those of any statute, ordinance or regulations, the provisions of this chapter shall be controlling. Where the provisions of any statute, ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulations shall be controlling.