As used in this chapter, the following terms
shall have the meanings indicated:
DANGEROUS BUILDING
All buildings or structures which have any or all of the
following defects:
A.
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
B.
Those which, exclusive of the foundation, show
thirty-three percent (33%) or more of damage or deterioration of the
supporting member or members or fifty percent (50%) of damage or deterioration
of the nonsupporting enclosing or outside walls or covering.
C.
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.
D.
Those which have been damaged by fire, wind
or other causes so as to have become dangerous to life, safety or
the general health and welfare of the occupants or the people of the
City of Greensburg.
E.
Those which have become or are so dilapidated,
decayed, unsafe or unsanitary 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.
F.
Those which have parts thereof which are so
attached that they may fall and injure members of the public or property.
G.
Those which, because of their condition, are
unsafe, unsanitary or dangerous to the health, safety or general welfare
of the people of this City.
H.
Those buildings existing in violation of any provision of Chapter
135, Construction Codes, Uniform, or other ordinances of this City.
[Amended 9-14-2015 by Ord. No. 2057]
The following standards shall be followed in
substance by the Planning Director or their designee of the City of
Greensburg in ordering repair, vacation or demolition:
A. If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
B. If the dangerous building is in such condition as
to make it dangerous to the health, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C. In any case where a dangerous building is fifty percent
(50%) or more damaged or decayed or deteriorated from its original
condition, it shall be demolished, and, in all cases where a building
cannot be repaired so that it will no longer exist in violation of
the terms of this chapter, it shall be demolished. In all cases where
a dangerous building is a fire hazard existing or erected in violation
of the terms of this chapter or any ordinance of the city or statute
of the Commonwealth of Pennsylvania, it shall be demolished.
All dangerous buildings within the terms of §
122-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
[Amended 9-14-2015 by Ord. No. 2057]
The Planning Director or their designee shall:
A. Inspect on a regular basis all public buildings, schools, halls, churches, theaters, hotels, tenements or commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places dangerous buildings within the terms of §
122-1 of this chapter.
B. Notify owners of any dangerous building of the particulars
which make the building or structure a dangerous building and shall
issue an order requiring the same to be put in such condition as to
comply with the terms of this chapter within such length of time,
not exceeding thirty (30) days, as is reasonable.
C. Appear at all hearings conducted by the City Council
and testify as to the condition of dangerous buildings.
D. Place a notice on all dangerous buildings reading
substantially as follows:
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This building has been found to be a dangerous
building by the Planning Director or their designee of the City of
Greensburg. This notice is to remain on this building until it is
repaired, vacated or demolished in accordance with the notice which
has been given the owner, occupant, lessee, mortgagee or agent of
this building and all other persons having an interest in said building.
It is unlawful to remove this notice until such notice is complied
with.
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[Amended 9-14-2015 by Ord. No. 2057]
If the owner, occupant, mortgagee or lessee
fails to comply with the order of the Planning Director or their designee
within the time specified in the notice issued by such officer, the
City Council shall cause such building or structure to be repaired,
vacated or demolished as the facts may warrant, under the standards
hereinbefore provided, and shall cause the costs of such repair, vacation
or demolition to be charged against the land on which the building
existed as a municipal claim or to be recovered in a suit at law against
the owner.
[Amended 12-21-1994 by Ord. No. 1646; 9-14-2015 by Ord. No. 2057]
Any person who shall violate any provision of
this chapter or who shall fail to comply with any notice given by
the Planning Director or their designee to repair, vacate or demolish
any building shall, upon condition of such offense, be sentenced to
pay a fine of not more than one thousand dollars ($1,000.) or be imprisoned
for a period not exceeding ninety (90) days, or both such fine and
imprisonment. Each day that a violation continues beyond the date
fixed for compliance shall constitute a separate offense.
[Amended 9-14-2015 by Ord. No. 2057]
In cases where it reasonably appears that there
is immediate danger to the life or safety of any person unless a dangerous
building, as defined herein, is immediately repaired, vacated or demolished,
the Planning Director or their designee shall cause the immediate
repair, vacation or demolition of such dangerous building. The costs
of such emergency repair, vacation or demolition of such dangerous
building shall be collected in the same manner as provided herein
for other cases.
In cases, except emergency cases, where the
owner, occupant, lessee or mortgagee is absent from the city, all
notices or orders provided for herein shall be sent by registered
mail to the owner, occupant, mortgagee, lessee and all other persons
having an interest in said building, as shown by the records of the
Recorder of Deeds of Westmoreland County, to the last known address
of each, and a copy of such notice shall be posted in a conspicuous
place on the dangerous building to which it relates. Such mailing
and posting shall be deemed adequate service.