[HISTORY: Adopted by the Borough Council
of the Borough of Bonneauville 3-15-1972 by Ord. No. 25 (Ch.
4, Part 1, of the 1994 Code); amended in its entirety 4-19-1994 by Ord. No.
69. Subsequent amendments noted where applicable.]
A.
BUILDING
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
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 a plumb
line passing through the center of gravity falls outside of the middle
third of its base.
Those which, exclusive of the foundation, show
damage or deterioration to 33% of the supporting 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.
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 or
the public.
Those existing in violation of any provision
of the Building Code, Fire Prevention Code, or other ordinances of
the Borough of Bonneauville.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible,
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents
or other pests.
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.
Combustible and noncombustible waste materials, except garbage,
including residue from the burning of wood, coal, coke, and other
combustible material, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust.
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.
B.
Whenever the words "dwelling," "dwelling unit," or
"premises," are used in this chapter, they shall be construed as though
they were followed by the words "or any part thereof."
All dangerous buildings within the terms of § 213-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
The following standards shall be followed in
substance by the Borough Manager of the Borough of Bonneauville 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 to be 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, or the public and is so placarded, it shall be ordered
to be vacated within such length of time, not exceeding 30 days, as
is reasonable.
C.
No dwelling or dwelling unit which has been placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Borough Manager. The Borough Manager shall remove such placard
whenever the defect or defects upon which the placarding action were
based have been eliminated.
D.
If a dangerous building is 50% or more damaged or
decayed, or deteriorated from its original condition; if a dangerous
building cannot be repaired, so that it will no longer exist in violation
of the terms of this chapter; or if a dangerous building is a fire
hazard existing or erected in violation of the terms of this chapter
or any ordinance of the Borough of Bonneauville or statute of the
Commonwealth of Pennsylvania, it shall be ordered to be demolished,
provided the cost of repairs to rectify or remove the conditions constituting
the nuisance exceed 50% of the market value of the building at the
time demolition is proposed.
A.
The Borough Manager shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 213-1 above.
B.
Whenever an inspection discloses that a dwelling,
building or structure has become a public nuisance, the Borough Manager
shall issue a written notice to the person or persons responsible
therefor. The notice:
(1)
Shall be in writing.
(2)
Shall include a statement of the reasons it is being
issued.
(3)
Shall state a reasonable time to rectify the conditions
constituting the nuisance or to remove and demolish the dwelling,
building or structure.
(4)
Shall be served upon the owner, or his agent, or the
occupant, as the case may require.
(a)
Except in emergency cases and where the owner,
occupant, lessee, or mortgagee is absent from the Borough, all notices
shall be deemed to be properly served upon the owner, occupant or
other person having an interest in the dangerous building, if a copy
thereof is served upon him personally, or if a copy thereof is posted
in a conspicuous place in or about the structure affected by the notice;
or if he is served with such notice by any other method authorized
or required under the laws of the commonwealth.
(b)
Except emergency cases, in all other cases where
the owner, occupant, lessee, or mortgagee is absent from the Borough,
all notices or orders provided for herein shall be sent by registered
mail to the owner, occupant, and all other persons having an interest
in said building, as shown by the records of the County Recorder of
Deeds, 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.
(5)
May contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter
and with the rules and regulations adopted pursuant thereto.
C.
Appear at all hearings conducted by the Borough Council
and testify as to the condition of dangerous buildings.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter
may request and shall be granted a hearing on the matter before the
Borough Council, provided that such person shall file with the Borough
Secretary a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the Borough
Secretary shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 30 days after the day on which the petition was filed.
B.
After such hearing the Borough Council shall sustain,
modify or withdraw the notice. If the Borough Council sustains or
modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this chapter shall automatically become an order
if a written petition for a hearing is not filed with the Borough
Secretary within 10 days after such notice is served.
C.
Any aggrieved party may appeal the final order to
the Court of Common Pleas in accordance with the provisions of the
Judicial Code.
No person shall remove or deface the notice of dangerous building, except as provided in § 213-3C.
Whenever the Borough Manager finds that an emergency
exists which requires immediate action to protect the public health,
he may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as is
necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Borough Manager shall be afforded a hearing
as soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this chapter have been complied with,
the Borough Manager shall continue such order in effect, or modify,
or revoke it. 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.
If the owner, occupant, mortgagee, or lessee
fails to comply with the order of the Borough Manager within the time
specified in the notice issued by him and no petition for a hearing
is filed within 10 days thereafter, or following a hearing by the
Borough Council where the order is sustained thereby, the Borough
Manager shall cause such building or structure to be repaired, vacated,
or demolished, as determined by the Borough Council in accordance
with the standards hereinbefore provided. The Borough of Bonneauville
may collect the cost of such repair, vacation or demolition together
with a penalty of 10% of such cost, in the manner provided by law;
or the Borough of Bonneauville may seek injunctive relief in a court
of competent jurisdiction pursuant to the rules of civil procedure.
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.