[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
5-13-1980 by Ord. No. 6-80. Amendments noted where applicable.]
Any building, wall or structure which is or may become dangerous to
life or health or which may tend to extend a conflagration shall be removed
or destroyed, and the cost thereof shall be assessed as a municipal lien against
said premises.
The Building Subcode Official of the Borough of Oaklyn shall be the
officer whose duty it shall be to file a written complaint with the Mayor
and Council of said borough concerning any building, wall or structure in
said Borough which is or may become dangerous to life or health or which might
tend to extend a conflagration.
Before any proceeding is taken pursuant to the provisions hereof and
pursuant to the complaint of the Building Subcode Official, the Mayor and
Borough Council shall, by resolution, cause notice of the contemplated removal
or destruction of any such building, wall or structure to be given to the
owner or owners of any land affected thereby. Such notice shall contain a
description of the property affected, sufficiently definite in terms to identify
the same, as well as a description of the manner in which such removal or
destruction is to be carried out, and a notice that unless such building,
wall or structure is removed or destroyed within 30 days after the service
of such notice, the Mayor and Borough Council will proceed with such removal
or destruction or cause the same to be proceeded with. Such notice may be
served upon the owner or owners resident in the Borough of Oaklyn in person
or by leaving the same at his usual place of residence with a member of his
family above the age of 14 years. In case any such owner shall not reside
in the Borough of Oaklyn, notice may be served upon him or her personally
or by mail to his or her last known post office address, or it may be served
upon the occupant of the property or upon the agent of the owner in charge
thereof. In case the owner of any such property is unknown or service cannot
be made for any reason as above directed, notice thereof shall be published
at least once, not less than 30 days before the proposed removal or destruction,
in a newspaper circulating in the Borough of Oaklyn. There may be inserted
in said advertisement notice to the owner or owners of several different parcels
of land. Notice to infant owners or owners of unsound mind shall be served
upon their guardians. Where lands are held in trust, service shall be made
upon the trustee. Where lands are held by two or more joint tenants, tenants
in common or tenants by the entirety, service upon one of such owners shall
be sufficient and shall be deemed and taken as notice to all. Proof of service
of such notice shall be filed within 10 days thereafter with the officer having
charge of the record of tax liens in the Borough, but failure to file the
same shall not invalidate the proceedings if service has actually been made
as herein provided.
When any such removal or destruction shall have been undertaken and
completed by the Borough of Oaklyn, an accurate account of the cost and expense
thereof shall be kept by the officer of the Borough in charge of such removal
or destruction and filed with the Borough Clerk. The Mayor and Borough Council
shall examine the same and, if the same is properly made, shall confirm it
and file such report with the Borough Assessor, who shall assess the costs
thereof as a municipal lien against said premises.
The Building Subcode Official is hereby designated as the officer charged
with the supervision of the removal or destruction of any building, wall or
structure which is or may become dangerous to life or health or which might
tend to extend a conflagration.
An owner or owners or occupant or other person having any lien or claim
upon the premises on which is situate any such building, wall or structure,
desiring to contest the right of the city to remove or destroy any such building,
wall or structure because he or she contends it is not dangerous to life or
health or might not tend to extend a conflagration, may file a written protest
against such contemplated removal or destruction with the Borough Clerk before
the time has expired in the notice as hereinabove provided, setting forth
his or her objection and his or her post office address, in which case the
Borough Clerk shall present the matter to the Mayor and Borough Council and
to the Building Subcode Official of said Borough. The Mayor and Borough Council
shall thereafter, on not less than 10 days' written notice, mailed by the
Borough Clerk to such person's or persons' post office address designated
in said written objection, fix a time and place for the hearing of said objection.
After such hearing, the Mayor and Borough Council shall either pass a resolution
not to proceed with the destruction or removal of any such building, wall
or structure which is or may become dangerous to life or health or which might
tend to extend a conflagration. If the resolution is to proceed with the destruction
or removal, the Building Subcode Official shall, upon the expiration of the
time prescribed in the original notice hereinabove provided, proceed forthwith
with the removal or destruction of the same.
