Uniform construction codes — See Ch. 102.
§ 90-2Dangerous and dilapidated buildings as nuisances.
§ 90-3Investigative procedures.
§ 90-4Hearing procedure.
§ 90-5Standards for repair, vacation or demolition.
§ 90-6Enforcement procedures.
§ 90-7Violations and penalties.
§ 90-8Emergency cases.
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS BUILDING
- All buildings or structures that:
Have been damaged by fire, wind, water or other causes so as to have become dangerous to the life, safety, morals and/or the general health and welfare of occupants or citizens and/or business people of Duncannon Borough because of the potential for injury resulting from the condition of the premises, possible collapse of the structure or a portion thereof, threat of fire and/or availability to trespassers and vandals.
Have become in such a state of repair that pieces or parts thereof may fall and injure members of the public or adjoining property.
Because of their general condition, have become unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the citizens of the Borough.
- DILAPIDATED BUILDING
- All buildings or structures that:
Have become or are so dilapidated, decayed, unsafe, unsanitary 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 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.
Have fallen into partial ruin because of neglect, misuse or abandonment.
All dangerous and dilapidated buildings within the terms of § 90-1 hereof are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
Whenever it shall be reported or come to the attention of any Borough official or police officer that any building or structure, completed or in the process of construction or demolition, or any portion thereof, is in a dangerous or dilapidated condition, such person having knowledge thereof shall report same to the Borough Council, and the Council shall immediately cause an investigation and examination to be made of such building or structure. If such investigation or examination indicates such building or structures to be dangerous or dilapidated in accordance with the standards of § 90-1 hereof, a written report of such investigation shall be submitted to the Council, specifying the exact condition of such building or structure and setting forth whether or in what respect the structure is dangerous or dilapidated and whether the structure is capable of being properly repaired or whether it shall be removed as a dangerous structure.
The Council shall:
Upon receipt of a report in accordance with § 90-3 hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by land records of the Recorder of Deeds of Perry County, to appear before Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous or dilapidated building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the notice provided for herein.
Hold a hearing and hear such testimony as the owner, occupant, mortgagee, lessee or any other person having an interest in said building shall offer relative to the dangerous or dilapidated building.
Particularize the reasons why the building in question is a dangerous or dilapidated building and issue an order based upon findings of fact made pursuant to Subsection C hereof, demanding the owner, occupant, mortgagee, lessee or any other person having an interest in the said building to repair, vacate or demolish any building found to be a dangerous or dilapidated building within the terms hereof.
The following standards shall be followed by Council in ordering repair or demolition:
If the dangerous or dilapidated building can be repaired as determined by the Council so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
If the dangerous or dilapidated building or structure 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.
In any case where a dangerous or dilapidated building or structure cannot be reasonably repaired as determined by Council, it shall be demolished. In cases where a dangerous or dilapidated building or structure is a fire hazard existing or erected in violation of the terms of this chapter, a fire prevention code or ordinance or any statute of the Commonwealth of Pennsylvania, it shall be demolished.
If any structure is deemed to be a dangerous building within the standards set forth in § 90-1 hereof, the Council shall forthwith cause written notice to be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the records of the Recorder of Deeds of Perry County.
The notice required by this section shall be served personally upon the owner of a dangerous building if the owner resides in the Borough or personally upon his agent if such agent resides within the Borough. If personal service as required herein cannot be obtained or if the owner resides outside the Borough, such notice shall be sent to the owner of a dangerous building by certified mail and ordinary mail at the last known address thereof.
The notice shall identify the building or structure deemed dangerous and contain a statement of the particulars which made this building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter, provided in any case where the notice prescribed the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the time limits herein set forth.
Such notice shall require any person notified to repair, vacate or demolish any building to commence the work or act required by the notice within 15 days of such notice and to complete such repair or removal within 45 days thereof.
The Council shall cause to be placed on all dangerous buildings a placard reading substantially as follows:
|"This building has been found to be a dangerous building by the Council of the Borough of Duncannon. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building. The removal of this notice is unlawful until compliance is made under the terms contained in the notice given to the above-named party."|
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
If the owner, occupant, mortgagee, lessee or any person having an interest in said building, as shown by the land records of the Recorder of Deeds of Parry County, fails to comply with any notice or order to repair, vacate or demolish any dangerous building within 30 days, the Council is empowered 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 of 10%, to be charged against the land on which the building existed as a municipal lien or to recover such costs in a suit at law against the owner or other such person having an interest in the building, provided the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed in Subsections A and B.
In cases wherein it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building as defined herein, the Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided for in § 90-7 hereof.