[HISTORY: Adopted by the Borough Council of the Borough of Youngwood 11-7-2005
by Ord. No. 488. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A structure or building, or part of a structure or building, which
is subject to the conditions, rules and regulations set forth herein regarding
demolition, razing and removal is defined as follows: any building, structure,
or part thereof, which is or has been used, occupied, developed or maintained
at any time as a private, commercial or public dwelling, garage, barn, stable,
shed, store, greenhouse, mobile home, plant, factory, warehouse, school, church,
office, or similar or related use.
Before any structure, as defined above, whether owned privately by an
individual or individuals, or by a partnership, corporation, association or
other entity, whether for profit, nonprofit, charitable, civic, or religious,
can be demolished, torn down, razed and removed, the owner thereof, or authorized
agent of the owner, shall apply for and obtain from the Borough of Youngwood
a permit. The cost of permits shall be set by resolution of the Borough Council
from time to time and will be based upon, among other things, such factors
as the scope of the project and the expected time period involved. The cost
of permits may also include any anticipated costs to be incurred by the Borough
as a result of the scope or extent of the project, such as but not limited
to additional inspections and professional fees which may be necessary to
insure compliance and to protect the Borough and its residents, in particular,
adjacent property owners.
The permit when issued must be prominently displayed at all times during
the demolition process on a secure, freestanding post, at a point on the property
which faces the primary street abutting the property, or at some other prominent
spot readily observable by the Borough and the public. Said permit shall remain
in place until all of the building components and debris have been removed
and the lot has been restored in accordance with the requirements set forth
herein.
After the permit has been obtained and before any demolition begins,
the owner or his/her authorized agent must contact the Youngwood Borough Sewage
Authority to make arrangements for the appropriate disconnection and capping
of any sewage line or lines which provided service to the building, at such
point on the subject property which is acceptable to the Youngwood Borough
Authority. The disconnection and capping of the sewage lines shall be in accordance
with such rules and regulations as are from time to time adopted by the Youngwood
Borough Authority. Said rules may vary in accordance with the type of structure
and method of demolition and may also depend upon whether the disconnection
and capping is intended to be permanent, or only temporary until another structure
or building is erected. The purpose of such capping is to prevent infiltration
of unauthorized fluids and substances into the Youngwood Borough Sanitary
Sewage System.
Nothing in this chapter shall be regarded as regulating or controlling
the shutoff, capping, detachment or removal of any other public or private
utilities servicing the structure, such as but not limited to water, natural
gas, electricity, telephone, cable television or other communication lines.
Such disconnection, detachment, or capping, where necessary, shall be regulated
and controlled by any public laws or regulations in effect, or by the rules
and regulations of the subject utility company or other provider. Notwithstanding,
the Borough shall have the discretion and authority to withhold granting a
permit to any applicant who has not satisfactorily demonstrated that adequate
plans and preparation for the removal, detachment and security of utilities
other than sewage have been adequately and properly provided for and that
all such permits and clearances have been obtained and that the safety of
the public, in particular adjoining property owners, has been provided for.
Before issuing any permit to demolish, raze, tear down and remove any
building, or part of any building, the Borough, through its designated officials,
shall have the discretion and authority to set reasonable rules to protect
the public, including adjacent property owners, from falling and loose debris
and building components. Those rules and regulations will depend upon the
size, location of the building, the scope of the project, the type of materials
being removed and their proximity to adjoining structures, streets, alleys
or other passageways, and other such factors. Regulations and requirements
which may be imposed shall include, but not be limited to, temporary protective
fencing, temporary supporting or retaining walls and other such measures deemed
necessary to protect the public and other property.
A.
Nothing herein shall be interpreted as amending, altering
or supplanting any requirements established by federal, state or county law,
rules or regulations which in any way control the demolition of buildings
and the removal of any materials or substances therefrom, such as but not
limited to those regulations controlling the removal of potentially dangerous
or harmful substances such as asbestos and fiberglass. To the extent that
any provision of this chapter is more restrictive than any federal, state,
county or other law or regulation, the provisions of this chapter shall be
applicable.
B.
Nothing herein shall be interpreted as relieving the
applicant from compliance with any other federal, state or county law or regulation
or for compliance with any other Borough ordinance or regulation, including,
but not limited to, Borough Ordinance No. 481,[1] as may be amended from time to time, commonly referred to as the
"Storm Sewer Ordinance" or the "Small Municipalities Separate Storm Sewer
System Ordinance," to the extent that any aspect of the intended demolition
project, such as stormwater runoff, erosion and sediment control, restoration
or final grading of the land, touches, concerns or is encompassed by any such
law, rule, regulation or ordinance.
At the time of the issuance of the demolition permit the Borough, through
its designated officials, shall set reasonable time limits for the completion,
demolition and razing of the structure or structures and for the safe removal
and transportation of all components and building products from the land.
Time limits shall also be set for the restoration, grading or landscaping
of the land, as may be necessary for compliance with stormwater runoff rules
and regulations, sedimentation and erosion control and other requirements
and for final completion of the entire project. Such time limits will depend
upon the scope, nature and size of the structure, or part of the structure
to be removed, as well as the nature and composition of the building materials
to be removed and safely transported. Under no circumstances, however, shall
any permit be effective for longer than six months from the date of issue.
Before any building permit is issued, the Borough, through its designated
officials, shall receive satisfactory proof that the owner, or the owner's
agent, has made arrangements for the safe transportation and permitted dumping
of all building components, materials and debris at an authorized site. All
building components, material and debris must be removed from the demolition
site periodically and progressively during the demolition process and shall
not be left on site until the structure is completely razed and demolished
and the project completed. All loose materials and debris must be secured
in such manner as to prevent same from being windblown, swept or transported
onto any neighboring properties, or onto any public or private streets, alleys
or accessways, by such means as may be necessary and appropriate, until same
are removed from the site.
In addition to all other conditions or requirements which are or may
be imposed by the Borough in connection with the issuance of any demolition
permit, the Borough, through its designated officials, shall have the discretion
of imposing such other terms and conditions upon the property owner or the
property owner's contractor or authorized agent that are reasonable and
necessary to protect the Borough as well as to protect the safety and welfare
of its residents and property owners.
Nothing in this chapter shall be regarded as affecting in any way, any
rights of the Borough, or any other governmental authority, to demolish, raze
and remove any building, structure or part thereof which has been determined
to be dangerous, unsafe, uninhabitable or beyond repair, in accordance with
any federal, state or local laws, rules or regulations, except to the extent
that any building which has been deemed or determined to be in such condition,
and is subsequently voluntarily demolished, razed and removed by the owner
thereof, shall be subject to the terms and conditions set forth herein.
The owner of any structure, his/her contractor or agent, or any other
person or party who violates the terms of this chapter shall, upon conviction
by any court or enforcement agency having jurisdiction, be sentenced to pay
a fine of not less than $100 and not more than $300 plus all court and other
costs and attorneys fees incurred by the Borough in the enforcement of this
chapter. Each day's violation shall constitute a separate offense, and
further notice to the offender shall not be necessary in order to constitute
such an offense. In addition to any and all legal remedies for enforcement
of the provisions of this chapter, as herein set forth or as provided by law,
the Borough may also, in its discretion, file an action in equity to stop,
abate or restrain any dangerous situation which exists and which is a threat
to public safety, or which threatens neighboring or adjoining property owners,
with the Court of Common Pleas of Westmoreland County, Pennsylvania, or other
applicable court or agency having jurisdiction. All costs of such action shall
be assessed, where permitted by law, against the violating party.
