[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom 6-12-1995 by Ord. No. 1995-6. Amendments noted where
applicable.]
This chapter shall be known as and may be cited
as the "New Freedom Borough Dangerous Buildings 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 property
owners within the Borough of New Freedom.
A.
BOROUGH
COUNCIL
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
(5)
(6)
SHALL
Unless otherwise specifically defined below, words
or phrases used herein shall be interpreted so as to give them the
same meanings as they have in common usage and so as to give this
chapter its most reasonable application consistent with its intent.
The Borough of New Freedom, York County, Pennsylvania.
The elected or appointed members of the New Freedom Borough
Council.
All the buildings or structures which have any or all of
the following defects and all such buildings or structures shall be
deemed dangerous buildings as:
Those which have been damaged by fire, wind
or other causes so as to fail utterly to provide the amenities essential
to decent living and are unfit for human habitation;
Those which have been damaged by fire, wind
or other causes so as to become dangerous to the life and safety,
morals or the general health and welfare of the occupant or the people
of the Borough;
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living so that they are unfit for human
habitation;
Those which have become or are so dilapidated,
decayed, unsafe, unsanitary or which so utterly fail to provide the
amenities essential to decent living and are likely to cause accidents,
sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein as well as other citizens
of the Borough;
Those which have parts thereof which are so
attached that they might fall and injure members of the public or
adjoining property; or
Those which because of their general condition
are unsafe, unsanitary or dangerous to the health, morals, safety
or general welfare of the people of the Borough.
Is always mandatory and not merely directory.
B.
Words used in the present tense include the future
and past; words in the plural number include the singular; words in
the singular number include the words in the plural; and words either
in the feminine, masculine or neuter shall include words of the other
two genders.
A.
All dangerous buildings are hereby declared to be
public nuisances and shall be repaired, vacated and/or demolished.
B.
Each day a nuisance in the form of a dangerous building
continues, after notice is given that said dangerous building is to
be repaired, vacated and/or demolished, shall constitute a separate
offense in violation of this chapter.
Whenever it is reported or comes to the attention
of any Borough official or police officer or Fire Chief that any building
or structure completed or in the process of construction or any portion
thereof is in a dangerous condition, such information shall be given
to the Codes Enforcement Officer designated by Borough Council to
make an investigation and examine the building or structure reported.
If the Codes Enforcement Officer making the investigation believes
that the structure is a dangerous building, then a written report
of the investigation specifying the condition of the structure and
in what respect it is dangerous shall be made and copied to Borough
Manager/Administrator. The report may recommend whether the building
can be repaired or whether it shall be removed as a dangerous building.
A.
Upon completion of a report in accordance with the investigation procedure provided for hereinabove in § 87-5 of this chapter, the Codes Enforcement Officer shall 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 office in and for the County of York, Pennsylvania, or failing to find any owner or owners, then notice shall be given to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building as the Codes Enforcement Officer may discover.[1]
B.
Said notice shall be in written form and delivered
via certified mail, regular mail and posted prominently to the property.
C.
Within no more than 30 days from the date of such
notice, the owner, occupant, mortgagee, lessee or other person having
an interest in said building and the recipient of such notice shall
schedule an inspection of the dangerous building with the Codes Enforcement
Officer.
D.
E.
Within not more than 15 days following the written decision provided for in Subsection D hereof, the Codes Enforcement Officer shall issue an order, based upon findings of fact hereof, demanding the owner of said building to repair, demolish or vacate any building found to be a dangerous building.[3]
The following standards shall be followed in
substance by the Codes Enforcement Officer in ordering repair, vacation
or demolition of a dangerous building:
A.
If the dangerous building can be repaired as determined
by the Codes Enforcement Officer so that it will no longer exist in
violation of the terms of this 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 Codes Enforcement Officer, 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 and any other
ordinance of the Borough or any statute of the Commonwealth of Pennsylvania,
it shall be demolished.
A.
If any structure is deemed to be a dangerous building within the standards of this chapter after the inspection and procedures set forth in § 87-6 of this chapter, the Codes Enforcement Officer shall cause notice of the order issued under § 87-6E of this chapter to be served upon the owner or owners of such dangerous buildings as determined by the records previously, or who appeared at the inspection, or to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building who can be located.[1]
B.
The notice and order required by this section shall
be served personally upon the owner or owners of a dangerous building
if such owner resides or such owners reside in the Borough or personally
upon his agent if such agent resides within the Borough, if personal
service required herein cannot be obtained, such notice shall be sent
to the owner or owners of a dangerous building by certified mail at
the last known address according to the records available in the Tax
Assessment Office in and for the County of York in the Commonwealth
of Pennsylvania.
C.
The notice and order shall identify the building or
structure deemed dangerous; contain a statement of particulars which
made this building or structure a dangerous building and include an
order requiring the same to be put in such condition as to conform
with the terms of this chapter; provided, further, in any case where
notice prescribes the repair of any structure, the owner shall have
the option to remove such structure in lieu of making the repairs
hereto within the time period provided.
D.
The notice and order shall require any person notified
to repair, vacate or demolish any building to commence the work or
act required by the notice within 30 days of such notice and to comply
with such repair, vacation or demolition within the time period set
forth at the discretion of the Codes Enforcement Officer.
A.
Any owner, occupant or lessee who is in possession of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish any dangerous building issued under § 87-8 of this chapter or who violates any of the other provisions of this chapter shall, upon conviction before a Magisterial District Judge, be subject to a fine not exceeding $600, plus costs, and in default of payment of the fine and costs, shall be subject to imprisonment for a period not to exceed 30 days. Each day of a violation shall be considered separate violations and offenses.[1]
B.
Any person having an lawful interest in any building
who fails to comply with any notice or order to repair, vacate, or
demolish any dangerous building within 90 days of the receipt of such
notice, by such failure, does empower the Council to cause such building
or structure to be repaired, vacated or demolished by the Borough
and to cause the costs of such repair, vacation or demolition together
with a penalty on 10% to be charged upon the land upon which said
building exists as a municipal lien, or alternatively to receiver
such costs and penalty in a suit at law against the owner or owners
but failing to recover same to have the judgment therefor to be charged
upon the land as a lien; and this subsection is separate from and
in addition to the fine, penalty and costs which may be imposed by
any other subsection of this section.
In cases where it reasonably appears that there exists an immediate danger to 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 § 87-9B of this chapter.
In the event of any legislation by the Commonwealth of Pennsylvania
becoming effective dealing with the same or similar subject matter
as that included herein, such shall remain in full force and effect
if it is more restrictive and not inconsistent with such legislation,
but if such legislation is more restrictive than, inconsistent with,
or both, then this chapter shall be interpreted according to such
legislation and shall be superseded to the extent necessary to give
such legislation appropriate effect. However, all the remainder of
this chapter shall be and shall remain in full force and effect, and
for this purpose the provisions of this chapter are hereby declared
to be severable.
