[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 11-7-1966 by Ord. No. 8. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Wherever used herein shall mean and include buildings, walls and signs structurally unsafe, unstable or unsanitary; inadequately provided with exit facilities; constituting a fire hazard; otherwise dangerous to life or property; unsuitable or improper for the use or occupancy to which it is put; constituting a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence, decay, deterioration or abandonment; a nuisance having parts which are so attached that they may fall and injure members of the public, or public or private property; and those buildings, walls or structures existing in violation of any provisions of Chapter 325, Zoning, or Building Code or of any other ordinances of the Borough of Towanda.
It shall be unlawful hereafter to maintain any nuisance or dangerous
structure on public or private grounds within the Borough of Towanda.
Whenever it shall be reported to the Borough Manager that any
structure, completed or in process of construction, or any portion
thereof, is in a dangerous condition, the Borough Manager shall immediately
cause an investigation and examination to be made of such structure.
If such investigation or examination indicates such structure to be
dangerous in any respect, the Manager shall report in writing to the
Mayor, specifying the exact condition of such structure, setting forth
in such report whether and in what respect he considers such structure
to be dangerous, and, if so, whether such structure is capable of
being properly repaired or whether it should be removed as a dangerous
structure.
If the Mayor, from said report, shall determine that a nuisance
is being maintained, or that a structure is in a dangerous condition,
the Mayor shall forthwith cause written notice to be served upon the
owner or occupier of the land whereupon the nuisance is being maintained
or upon the owner or occupier of such structure. Such notice shall
require the owner or occupier of such structure to commence the repair
or removal of such structure within 15 days of such notice and to
complete such repair or removal within 60 days thereof. Provided,
in any case where the notice prescribes the repair of any structure,
the owner thereof shall have the option to remove said structure instead
of making the repair thereto, within the said time limit.
The notice required by § 291-4 of this chapter shall be served personally upon the owner or occupier of a structure if such owner or occupier resides in the Borough, or upon the agent of such owner or occupier if such agent has a residence or place of business within the Borough. If neither the owner or occupier nor the agent thereof can be served within the Borough as hereby provided, such notice shall be sent to the owner of such structure by registered mail, at the last known address thereof.
If the owner or occupier of any dangerous structure, to whom
or which a notice to repair or remove such structure shall be sent
under the provisions of this chapter, fails to commence or to complete
such repair or removal within the time limit prescribed by such notice,
he shall be guilty of a violation of this chapter, and, upon conviction
thereof, shall be sentenced to pay a fine of not more than $1,000
and costs of prosecution, and in default thereof, be subject to maximum
imprisonment of 30 days. Provided, each day's continuance of
a violation shall constitute a separate offense.
If the owner or occupier of any dangerous structure, to whom or which a notice to repair or to remove such structure shall be sent under the provisions of this chapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, the Mayor shall be empowered to cause such work of repair or removal to be commenced and/or completed by the Borough, and the cost and expense thereof, with a penalty of 10%, shall be collected from the owner of such structure in the manner provided by law. Provided, the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 291-6 of this chapter.
