[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 9-20-1994 by Ord. No. 505, approved 9-20-1994. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
An independent structure having a roof supported by columns
or walls resting on its own foundation, and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that the
structural integrity of the building is threatened.
Those which, exclusive of the foundation, show
substantial damage or deterioration to the support member or members
or damage or deterioration to 50% of the nonsupporting enclosing or
outside walls or covering.
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded or which
have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind
or other causes so as to be dangerous to life, safety or the general
health and welfare of the occupants or the public.
Those which are so damaged, dilapidated, decayed,
unsafe, unsanitary, vermin infested or which so utterly fail to provide
the amenities essential to decent living that they are unfit for human
habitation or are likely to cause sickness or disease, so as to work
injury to the health, safety or general welfare of those living therein
or to surrounding parties.
Those which have parts thereof which are so
attached that they may fall and injure property or members of the
public.
Those which lack illumination, ventilation or
sanitation facilities or because of another condition are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the occupants or the public.
Those which because of their location are unsanitary
or otherwise dangerous to the health or safety of the occupants of
the public.
Those existing in violation of any provision
of the Building Code, Fire Prevention Code or other ordinances of
the Borough.
Those which have been inspected by the Fire
Department and found to be fire hazards by reason of age, condition,
dilapidation, obsolescence or abandonment.
Those which have been abandoned and may attract
children, vagrants, vandals or other trespassers.
A person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling
or dwelling unit as owner or agent of the owner or as executor, executrix,
administrator, administratrix or guardian of the estate of the owner.
Any such person thus representing the actual owner shall be bound
to comply with the provisions of this chapter and with rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership
or other legal entity.
A piece, parcel, lot or tract of land.
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
The Borough Building Inspector is authorized
to, and upon direction by the Council will, inspect all buildings
and structures within the Borough in order to determine whether they
are dangerous buildings.
A.
The Building Inspector is authorized and directed
to request the Borough Police Chief and the Chief of the Borough's
local fire company to inspect such buildings.
B.
The Building Inspector shall make a written report
of his inspection and shall obtain written reports from the Police
Chief and the fire company Chief following their inspections.
C.
The Building Inspector shall review all available
reports and make a determination as to whether the building is a dangerous
structure.
If the Building Inspector determines the building
to be a dangerous building, he shall issue a dated, written notice
requiring repair or removal of the building within a specified deadline.
A.
The notice shall state the reasons why it is issued.
B.
If the notice permits repair, it shall state the repairs
required.
C.
The notice shall also contain the following:
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"The Building Inspector of the Borough of Heidelberg
has determined the structure described herein to be a dangerous building
and a nuisance and has required said structure to be repaired or removed
within 60 days of the date of this notice. Unless a hearing is requested
as set forth below, this determination shall become final 30 days
after the date of this notice.
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"Any party who may feel aggrieved by said determination
requiring removal or repair of said structure may contest the determination
by requesting a hearing before the Borough Council pursuant to the
Local Agency Law.[1] All requests for hearings must be in writing and must
be filed with the Borough Secretary within 30 days of the date that
this notice was posted or mailed to the owner. Failure to file a request
for hearing as set forth above may result in the loss of any opportunity
to contest the determination that the structure is a dangerous building
and a nuisance which must be repaired or removed."
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[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105,
551 et seq. and 751 et seq.
D.
The notice may set forth a repair or removal deadline
of less than 60 days and an appeal period of less than 30 days if
the Building Inspector finds that shorter appeal period is necessary
to protect the occupants or public from the nuisance posed by the
dangerous building.
E.
The notice will require that building removal be done
in accordance with the Borough Technical Specifications for Demolition
attached to this chapter as Exhibit A.[2] A copy of such specifications shall be attached to the
notice.
[2]
Editor's Note: Exhibit A is on file in the
office of the Borough Secretary.
F.
The notice will state, in large capital letters, "Occupancy
of this building is prohibited by law, effective from the date of
this notice."
G.
The notice shall be given in writing by registered
or certified mail, return receipt requested, to the last known address
of the owner and occupants of said structure and shall also be posted
upon the property declared to have a nuisance erected thereon. Notice
shall be deemed to have been given on the date of mailing or, where
no address is known or where such notice is not delivered or accepted,
on the day when posted on the property. A copy of such notice shall
likewise be given to any mortgagee, lessee or occupant of the property.
If, after notice is given and a hearing, if
requested, is held resulting in a determination that the structure
is a nuisance and if said structure is not repaired or removed within
the time limits prescribed by such notice, the proper Borough officials
are hereby authorized to advertise for bids for repair or for demolition
of such structure and the restoration of the land to its natural state,
in accordance with the Technical Specifications attached to this chapter,[1] and to enter into a contract with the lowest responsible
bidder; or, if feasible, the work may be done in whole or in part
by Borough employees. The proper officials are also authorized to
enter, inspect, photograph and inventory said structure prior to demolition.
[1]
Editor's Note: Said Technical Specifications
are on file in the office of the Borough Secretary.
The proper officials and the Solicitor are hereby
authorized and directed to file a municipal claim against the lot
or lots appurtenant to any structure caused to be razed by the Borough
of Heidelberg in connection therewith for the costs incurred in connection
with the razing of such structure, together with a penalty of 10%
as provided by law, or said costs and expenses may be collected by
action in assumpsit against the owners of said dangerous structure.
A copy of the notice of repair or removal shall
continue to be posted on the building until it is demolished. Removal
of such notice is prohibited, except by the Building Inspector.
No person is permitted to occupy a dangerous building. The proper officers of the Borough are authorized to remove any occupant from a dangerous building, along with his/her possessions. The costs of removal of persons and possessions, including, without limitation, reasonable attorney's fees incurred by the Borough and of storage of possessions shall be recoverable under § 40-5 hereof.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $1,000 and in default of payment thereof to undergo
imprisonment for a term not to exceed 30 days. Each day that a violation
continues beyond the date fixed for compliance shall constitute a
separate offense.
