[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton 2-19-1980 by Ord. No. 393. Amendments noted where applicable.]
A.Â
DANGEROUS OR UNSAFE BUILDING
(1)Â
(2)Â
(3)Â
(4)Â
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any building, shed, fence or other man-made structure which:
May cause or aid in the spread of disease or
injury to the health of the occupants of it or neighboring structures.
Because of faulty construction, age, lack of
proper repair or any other cause, is especially liable to fire and
constitutes or creates a fire hazard.
By reason of faulty construction, age, lack
of proper repair or any other cause, is liable to cause injury to
persons or damage to property by a collapse or fall of any part of
such structure.
Because of openings in the structure, is likely
to be entered or frequented by malefactors or disorderly persons who
are not lawful occupants of the structure.
B.Â
Declaration. Any such dangerous or unsafe building
within the limits of the Borough of Palmerton is hereby declared to
be a nuisance or a danger to the public.
It shall be unlawful to maintain or permit the
existence of any dangerous or unsafe building in the Borough; and
it shall be unlawful for the owner, occupant or person in custody
of any dangerous or unsafe building to permit the same to remain in
a dangerous or unsafe condition or to occupy such building or permit
it to be occupied while it is or remains in a dangerous or unsafe
condition.
Whenever such a dangerous or unsafe building
is deemed by the Borough authorities to exist within the limits of
the Borough, the Borough Council shall cause written notice to be
served upon the owner thereof or his agent and upon the occupant thereof,
if any, personally or by certified or registered mail, or, if such
person's identity or whereabouts is unknown, by posting the notice
conspicuously upon the premises and by certified or registered mail
at the last known address thereof. Such notice shall state that the
building, shed, fence or other man-made structure has been declared
to be in a dangerous or unsafe condition, specifying the condition
complained of, and that such dangerous or unsafe condition must be
removed or remedied by repairing or altering the building or by demolishing
it, and shall require the owner to commence corrective action as therein
set forth within 10 days and, thereafter, to comply fully with the
requirements within a reasonable time, not to exceed 60 days, unless
an extension of time is allowed for due cause shown.
Any person or persons, firms, associates or
corporations owning any property within the limits of the Borough
of Palmerton whereon is erected any building, shed or other man-made
structure shall, in the event that such building, shed or other man-made
structure is damaged by fire, be required, as soon as practicable
within 10 days from the incurring of such damage, unless an extension
of time is allowed for due cause shown:
A.Â
In the event that the damage is such that demolition
is required and the building or other man-made structure must be razed
and the premises cleared for the health and safety of the public,
to demolish and remove or cause to be demolished and removed all portions
of such building which remain standing after such fire and which are
deemed by the Borough Council or its designee to be dangerous or unsafe
to persons or property or which constitute a dangerous or unsafe building
as herein defined.
B.Â
In the event that the building, buildings or other
man-made structures so damaged by fire do not require demolition or
removal but is or are nonetheless dangerous to the public, to make
or cause to be made temporary repairs to the property, satisfactory
to the Borough Council or its designee, in order to abate the nuisance
or danger thereby caused. Such repairs shall include, without being
limited to, the boarding of windows and doors, fencing, removing hanging
or loose structures or articles and removal of debris.
In the event that the owner or owners of any building, shed, fence or other man-made structure fail to comply with the provisions of § 44-2, 44-3 or 44-4 hereof, the Borough authorities may proceed to abate such nuisance or dangerous or unsafe condition to the public or cause the same to be done and collect the costs thereof, together with a penalty of 10% of such cost, in the manner provided by law for the collection of municipal claims or by an action of assumpsit, or may seek relief by bill in equity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to the remedies otherwise available to the Borough, any person, firm or corporation, owner or owners who shall fail or refuse to comply with the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, § 1-17A, of the Code of the Borough of Palmerton.
