This chapter shall be known as and may be cited as "New Wilmington Borough
Dangerous Buildings and Structures Ordinance."
This chapter shall apply uniformly to all persons, business organizations,
nonprofit organizations and all other legal entities; and, it shall apply
uniformly to all property and all property owners within the Borough of New
Wilmington.
The Council of the Borough of New Wilmington shall:
A. Upon receipt of a report in accordance with the investigation procedure provided for hereinabove in §
133-5 of this chapter, give written notice to the owner or owners of such dangerous buildings as determined by the records in the County Assessment and Recorder of Deeds offices in and for the County of Lawrence, in the Commonwealth of Pennsylvania. Notice mailed to the owner or owners as listed on the assessment card and at the address given on the assessment card for the dangerous building(s) in the Assessor's Office of Lawrence County, Pennsylvania, and sent by certified mail with a return receipt, shall be deemed proper and full notice; or failing to find any owner or owners, the notice shall be given to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building as the Borough may discover, and said notice shall inform the owner or other party to appear before Council on a date specified to show cause why the building or structure reported as a dangerous building should not be repaired, demolished or vacated in accordance with any written report to Council or determination made by Council;
B. Within not less than 10 days nor more than 60 days from
the date of such notice, hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or other person having an interest in said building
shall offer related to the dangerous building;
C. Within 30 days of such hearing, make written findings
of fact from the testimony offered pursuant to the hearing as to whether or
not the building in question is dangerous building; and
D. Within not more than 30 days following the hearing provided for by Subsection
B hereof, issue an order, based upon findings of fact made pursuant to Subsection
C hereof, demanding the owner of said building to repair, demolish or vacate any building found to be a dangerous building.
The following standards shall be followed in substance by the Council
in ordering repair, vacation or demolition of a dangerous building:
A. If the dangerous building can be repaired as determined
by the Council so that it will no longer exist in violation of the terms of
the chapter, it shall be ordered repaired.
B. If the dangerous building is in such condition as to
make it dangerous to the health, morals, safety or general welfare of its
occupants, it shall be ordered to be vacated.
C. If the dangerous building cannot be reasonably repaired
as determined by the Council, it shall be demolished.
D. If the dangerous building is a fire hazard or is existing
or erected in violation of the terms of this chapter, any other ordinance
of the Borough or any statute of the Commonwealth of Pennsylvania, it shall
be demolished.
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building, the Council 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 as provided for in §
133-9B of this chapter.