[HISTORY: Adopted by the Borough Council of the Borough of Yeadon 12-7-1995 by Ord. No. 1245 as Ch. 248 of the 1995 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 96.
Uniform construction codes — See Ch. 122.
Fire prevention — See Ch. 156.
Zoning — See Ch. 300.
A. 
Establishment of office. There is hereby established the Office of Code Enforcement. The official(s) appointed thereto by the Borough shall have the responsibility for administration and enforcement of the provisions of this Code and all other ordinances of the Borough, unless otherwise expressly provided by Council.
B. 
Relief from personal liability. The Code Enforcement Officer, other officials or employees charged with the enforcement of the Borough Code,[1] this Code and other ordinances of the Borough who act in good faith and without malice in the discharge of their duties shall not thereby be rendered liable personally, and the Code Enforcement Officer is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act, required or permitted, or any omission, in the discharge of official duties. Any suit instituted against the Code Enforcement Officer or other official or employee because of an act performed by that person in the lawful discharge of duties shall be defended by the Solicitor or his or her designee until final termination of the proceedings. The Code Enforcement Officer shall not be liable for costs in any action, suit or proceedings.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
C. 
Office records. An official record shall be kept of all business and activities of the Office of Code Enforcement, and all such records shall be open to the public for inspection at all appropriate times, except that no individual, owner, operator, occupant or other person shall be subject to unwarranted invasion of privacy, and except that no evidence or information shall be disclosed except as may be necessary in the judgment of the Code Enforcement Officer for the proper and effective administration and enforcement of the provisions of this Code and other ordinances of the Borough, nor otherwise be made public without the consent of the owner, occupant, operator or other person in charge of the unit, structure or premises inspected. Such records shall be retained in the official records as long as the building or structure to which they relate remains in existence, unless otherwise provided by other regulations.
D. 
Annual report. At least annually, the Code Enforcement Officer shall submit to the Council a written statement of operations in the form and content as shall be prescribed thereby.
A. 
Appointment of Code Enforcement Officer. There shall be appointed, by the Council, a Code Enforcement Officer, who shall be in charge of the Office of Code Enforcement of the Borough. The Code Enforcement Officer shall supervise such other employees or assistants as shall be necessary for the administration and execution of the responsibilities of said office, as appointed and approved by the Council. Said Code Enforcement Officer and other personnel shall consist of employees directly hired and compensated by the Borough.
B. 
Approved inspection agencies. The Code Enforcement Officer shall make all the required inspections or may accept reports or inspections by authoritative and recognized inspection agencies or individuals, which satisfy requirements as to qualifications and reliability. All inspection reports shall be in writing and shall be certified by the approved authority or responsible officer of the agency or the individual when expert inspection services are accepted. The Code Enforcement Officer may engage such expert opinion as may be deemed necessary to report upon unusual technical issues that may arise, subject to the approval of the Council. When required by the provisions of the applicable code or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication.
A. 
Enforcement of codes. The Code Enforcement Officer shall enforce and administer all of the applicable codes and ordinances which establish the Office of Code Enforcement as their official administration and enforcement authority.
B. 
Permits; notices and orders; inspections; investigations. The duties of the Code Enforcement Officer shall include the receipt of applications for and issuance of permits for the erection, alteration, repair, removal or demolition of structures, for additions to structures, and for the installation of service equipment (plumbing, electrical and mechanical) in structures; the issuance of all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with the Borough Code,[1] this Code and all other applicable codes and ordinances for the safety, health and general welfare of the public; making inspections to determine compliance with applicable codes and ordinances; and undertaking investigations and other activities as may be required.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
C. 
Presentation of credentials. The Code Enforcement Officer or his or her authorized representative shall disclose proper credentials of their respective offices for the purpose of inspecting any and all buildings and premises in the performance of duties under the applicable code and/or ordinance when requested to do so.
D. 
Coordination of enforcement. Whenever, in the opinion of the Code Enforcement Officer, initiating an inspection under an applicable code or ordinance, it is deemed necessary or desirable to have inspections by any other department, the Code Enforcement Officer shall make a reasonable effort to arrange for the coordination of such inspection, so as to minimize the number of visits by representatives of the Borough, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. The assistance and cooperation of all other officials, including Police Department and Fire Department personnel, shall be available to the Code Enforcement Officer to assist in the performance of his or her duties.
E. 
Right of entry. Except in the case of an emergency, or when a mutually convenient time is agreed to by the Code Enforcement Officer or his or her authorized representative, such officials, in the discharge of their duty to safeguard the safety, health and welfare of the public, and upon showing proper identification where requested, are hereby authorized to enter and inspect, between the hours of 7:00 a.m. and 7:00 p.m., any structure or premises in the Borough to enforce the provisions of applicable codes and ordinances. Every occupant, owner or operator of a structure or premises, or their agent or employee, shall give access to any part of such structure or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of all applicable codes and ordinances.
F. 
Refusal of entry; court order. If any owner, operator, occupant or other person in charge of a structure refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to the structure or premises under his or her control or to any part thereof, with respect to any authorized inspection, the Code Enforcement Officer may, upon showing that probable cause exists for the inspection, file a complaint and may petition for and obtain an order directing compliance with the inspection requirements of this section from a court of competent jurisdiction. Any person who refuses to comply with such an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for violation of a court order.
G. 
Variances. The Code Enforcement Officer shall have such power, as may be necessary in the interest of the public safety, health and general welfare, to interpret the intent of the applicable codes in specific cases where it clearly appears that, by reason of special conditions, undue hardship would result from a literal application of any section of the applicable codes. Where such undue hardship clearly appears, the Code Enforcement Officer may permit a variance from the literal provision of the code, but such a variance shall not have the effect of waiving working stresses or fire protection requirements specifically provided in the code, or of violating accepted engineering practice involving public safety, but must comply with the spirit and intent of the code. If additional nonconforming conditions are encountered, during the course of any approved alteration or repair, which were not considered or known initially, the Code Enforcement Officer shall have the authority to require compliance with the ordinances of the Borough.
H. 
Preliminary inspections. Before issuing a permit, the Code Enforcement Officer may examine or cause to be examined any building, structure or site for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof.
I. 
Subsequent inspections. After issuing a permit, the Code Enforcement Officer or a designated inspection agency shall conduct such required inspections as are necessary or desirable, in his or her or its judgment, from time to time, during and upon completion of the work for which a permit has been issued. A record of all such inspections and of all violations of applicable codes and ordinances shall be maintained by the Code Enforcement Officer.
A. 
Notice to responsible owner, operator, occupant or other person in charge. Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of any applicable code or ordinance, or whenever the Code Enforcement Officer orders a dangerous or unsafe structure, or a structure unfit for human habitation, to be closed up and secured, vacated, repaired and/or demolished, a notice shall be given to the responsible owner, operator, occupant or person in charge of the structure or premises in the manner prescribed below.
B. 
Form. Notice to the responsible owner, operator, occupant or person in charge shall:
(1) 
Be in writing, signed by the Code Enforcement Officer or his or her authorized representative;
(2) 
Include a description of the real estate sufficient for identification;
(3) 
Include a statement of the reasons why the notice is being issued and the section or sections of applicable code or ordinance which have been violated;
(4) 
Include a correction order allowing a reasonable time, not to exceed 60 days, for the correction of the violation alleged or the remedial actions required, except where emergency conditions exist which require immediate corrective action; and
(5) 
Include a statement indicating that the notice will become an order if no request and approval for an extension of time is made to the Code Enforcement Officer.
C. 
Service. The notice shall be served personally on the responsible owner, occupant, operator or other person in charge or by certified mail with a return receipt requested. Where such a responsible person in charge cannot be found, service may be made by posting a notice on or about the structure or premises and taking a picture of said notice, or by publishing said notice in a newspaper of general circulation for a period of three consecutive days, or served by any other method for a period of three consecutive days, or served by any other method authorized under the laws of the Commonwealth of Pennsylvania.
A. 
Vacation of structures. When, in the opinion of the Code Enforcement Officer, an emergency exists on any premises or in any structure or part thereof, or in any defective equipment (plumbing, electrical or mechanical), which requires immediate action to protect the public health and safety or that of the occupants thereof, or if there is actual and immediate danger of failure or collapse of a building or structure or any part thereof, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Code Enforcement Officer may, with proper notice and service, issue an order reciting the existence of such an emergency and requiring the vacation of the premises or such other action as the Code Enforcement Officer deems necessary to meet such emergency. Notwithstanding any other provision of this Code or of any other applicable code or ordinance, such order shall be effective immediately and the premises or equipment involved shall be placarded immediately upon service of the order. Any person to whom such order is directed shall comply immediately therewith.
B. 
Temporary safeguards. When, in the opinion of the Code Enforcement Officer, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the Code Enforcement Officer shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.
C. 
Closing of streets. When necessary for the public safety, the Code Enforcement Officer may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe structures and prohibit the same from being used. No person shall enter such a building or structure except for the purpose of making the required repairs or demolishing the same.
A. 
In general. All buildings or structures that are or hereafter shall become unsafe, unsanitary, unfit for human occupancy or use, or deficient in adequate exit facilities, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or are found to involve an illegal or improper use, occupancy or maintenance, shall be condemned pursuant to the provisions of this chapter and may be placarded and vacated. Such a building or structure shall not be reoccupied without the approval of the Code Enforcement Officer. Unsafe equipment shall be placarded and placed out of service. A vacant building or structure unguarded or open at a door or window shall be deemed a fire hazard and unsafe.
B. 
Unsafe structures. An unsafe structure is one in which all or a part of such structure is found to be dangerous to life, health, property or the safety of the public or its occupants because it does not provide minimum safeguards for protection from fire or because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that it is likely to partially or completely collapse. All unsafe structures shall be declared a public nuisance and shall be taken down and removed or made safe and secure as the Code Enforcement Officer deems necessary.
C. 
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on any premises or within any structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or the safety of the public or the occupants of the premises or structure. Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.
D. 
Structures unfit for human habitation. A structure is unfit for human occupancy or use whenever the Code Enforcement Officer finds that it is unsafe or unlawful or because of the degree to which it lacks maintenance or is in disrepair, is unsanitary, is vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by any applicable code or ordinance, or because its location constitutes a hazard to its occupants or to the public.
E. 
Unlawful structures. An unlawful structure is one that is found, in whole or in part, to be occupied by more persons than are permitted under any applicable code or ordinance, or that was erected, altered or occupied contrary to law.
F. 
Restoration of unsafe structures. A building or structure condemned by the Code Enforcement Officer may be restored to a safe condition, provided that change of use or occupancy is not contemplated nor compelled by reason of such restoration. However, if the damage or cost of restoration or reconstruction is in excess of 50% of its replacement value, exclusive of foundations, such building or structure shall be made to comply with the Borough's building, plumbing and electrical codes with respect to all requirements for materials and methods of construction of buildings and structures.
G. 
Closing of vacant structures. If a structure or a part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Enforcement Officer may post a placard of condemnation on the premises and may order the structure closed up so that it will not be an attractive nuisance to children.
A. 
Noncompliance with orders; vacation of structures. If the responsible owner, operator, occupant or person in charge of a structure or premises fails to comply with an order to repair or alter a structure condemned as unfit for human habitation, within the time given, the structure shall be vacated within a reasonable time, as ordered by the Code Enforcement Officer.
B. 
Placarding of structures. Upon issuance of an order to vacate, the Code Enforcement Officer may placard the structure or any part thereof, or may placard defective equipment, which placards shall bear the words "Unsafe for human occupancy or use," together with a statement of the penalties provided for any occupancy or use or for removing the placard.
C. 
Removal of placards. The Code Enforcement Officer shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding actions were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Enforcement Officer shall be subject to the penalties provided in § 110-10.
D. 
Prohibited use. Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises, shall be subject to the penalties provided in § 110-10.
A. 
There is hereby established the position of Deputy Code Enforcement Officer, in such number as Council shall determine.
B. 
The Deputy Code Enforcement Officer shall be the Borough Manager and such other person or persons as are appointed by Council.
C. 
The Deputy Code Enforcement Officer shall have all the authority and duties of the Code Enforcement Officer.
D. 
The Deputy Code Enforcement Officer shall receive such compensation as Council shall establish; provided, however, that the Borough Manager shall receive no additional compensation for his or her duties as Deputy Code Enforcement Officer.
Any person violating the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article II, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).