[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-21-1983 by Ord. No. 83-2 (Ch. 4, Part 9, of the
1983 Code of Ordinances)]
A.
BUILDING
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
The following definitions shall apply in the interpretation and enforcement
of this article:
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 structures.
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.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping, or by any other recognized and legal
pest elimination methods approved by Borough Council.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
The 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 article, and of rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
Includes 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,
and the term shall include the 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.
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," or "premises" are used in this article, they shall be construed
as though they were followed by the words "or any part thereof."
The Council or their designated agent shall make periodic inspections
of any dwelling, building, structure or property. Whenever an inspection
discloses that a dwelling, building, structure or property by reason
of its being a rat harborage or for any other reason has become a
public nuisance or a hazard to the health, safety or welfare of the
public, the Council shall issue a written notice requiring the owner,
within a reasonable time specified in the notice, to rectify the conditions
constituting the nuisance, or to remove the conditions constituting
a nuisance or demolish and remove the dwelling, building or structure.
Such removal or demolition of a dwelling, building or structure shall
not be ordered unless the cost of such repair, alteration or improvement
shall exceed 50% of the market value of the dwelling, building or
structure.
A.
Whenever the Council determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
article, they shall give notice of such alleged violation to the person
or persons responsible therefor, as hereinafter provided.
(1)
Such notice shall:
(a)
Be put in writing;
(b)
Include a statement of the reasons why it is being issued;
(c)
Allow a reasonable time for the performance of any act it requires;
(d)
Be served upon the owner or his agent, or the occupant, as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, 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 this state.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this article may request
and shall be granted a hearing on the matter before the Borough Council;
provided that such person shall file with the 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 Council 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 20 days
after the day on which the petition was filed.
C.
After such hearing, the Borough Council shall sustain, modify or
withdraw the notice. If Borough Council sustains or modifies such
notice, it is shall be deemed to be an order. Any notice served pursuant
to this article shall automatically become an order if a written petition
for a hearing is not filed with the Secretary within 10 days after
such notice is served.
D.
Whenever Borough Council finds that an emergency exists which requires
immediate action to protect the public health, they may, without notice
or hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as they deem necessary to
meet the emergency. Notwithstanding the other provisions of this article,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately, but upon petition
to the Borough Council shall be afforded a hearing as soon as possible.
After such hearing, depending upon the findings as to whether the
provisions of this article have been complied with, Borough Council
continue such order in effect, or modify it, or revoke it.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by Borough Council or their
designated agent:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(3)
One which because of its general condition or location is unsanitary,
or otherwise dangerous, to the health or safety of the occupants or
of the public.
B.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by Borough Council or their designated
agent, shall be vacated within a reasonable time as ordered.
C.
No dwelling or dwelling unit which has been condemned and 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 Council. The Borough Council shall remove such placard
whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
D.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C above.
E.
Any person affected by any notice or order relating to the condemning
and placarding of a dwelling or dwelling unit as unfit for human habitation
may request and shall be granted a hearing on the matter before Borough
Council.
Any person who shall violate any provision of this article shall,
upon conviction, be punished by a fine of not more than $300, or by
imprisonment for not more than 30 days or both, and each day's
failure to comply with any such provision shall constitute a separate
violation.
A.
In any case where a provision of this article is found to be in conflict
with a provision of any ordinance existing on the effective date of
this article, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this article is found
to be in conflict with a provision of any other ordinance existing
on the effective date of this article which establishes a lower standard
for the promotion and protection of the health and safety of the people,
the provisions of this article shall be deemed to prevail, and such
other ordinances are hereby declared to be repealed to the extent
that they may be found in conflict with this article.
B.
If any section, subsection, paragraph, sentence, clause, or phrase
of this article should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which shall remain in full force and effect; and to this end the provisions
of this article are hereby declared to be severable.
In addition to the penalties heretofore set forth in this article,
any building or structure, constructed, created or maintained in violation
of this article is hereby declared to be a public nuisance. The Borough
is authorized to require the removal of any such nuisance by the owner
or occupier of the land upon which such nuisance exists. If the owner
or occupier fails, neglects or refuses to remove any such nuisance
after being ordered to do so by the Borough, the Borough may cause
the same to be done, and collect the cost thereof, together with a
penalty of 10% of such cost, in the manner provided by law for the
collection of municipal claims, or by an action of assumpsit, or the
Borough may seek relief in equity.
[Adopted 4-1-2004 by Ord. No. 2004-01]
This article shall be known as and may be cited as "Borough
Dangerous Buildings Ordinance."
This article shall apply uniformly to all persons, business
organizations, nonprofit organizations, and all other legal entities,
and it shall apply uniformly to all property and all property owners
within the Borough.
A.
Unless otherwise specifically defined below, words or phrases used
herein shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give the ordinance its most
reasonable application consistent with its intent.
B.
The word
"shall" is always mandatory and not merely directory.
C.
BOROUGH
COUNCIL
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
(5)
(6)
As used in this article, the following terms shall have the meanings
indicated:
The Borough of Walnutport.
The existing elected or appointed members of the Borough
Council.
All buildings or structures that have any or all of the following
defects:
Those that have been damaged by fire, wind or other cause so
as to fail to provide the amenities essential to decent living and
are unfit for human habitation;
Those that have been damaged by fire, wind or other cause so
as to have become dangerous to the life and safety, morals, or the
general health and welfare of the occupant or the people of the Borough;
Those that are so dilapidated, decayed, unsafe, unsanitary or
that fail to provide the amenities essential to decent living so that
they are unfit for human habitation;
Those that are so dilapidated, decayed, unsafe, unsanitary or
that 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 that have parts thereof that might fall and injure members
of the public or adjoining property; or
Those that because of their general condition are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of the Borough.
D.
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 words in the plural and words whether 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 buildings continues
after notice is given that said dangerous building is to be repaired
and the opportunity to cure, which shall be a period of no longer
than 60 days, vacated and/or demolished, shall constitute a separate
offense in violation of this article. Said opportunity to cure may
be extended by Borough Council for a period up to an additional 60
days for good cause shown.
A.
Whenever it is reported or comes to the attention of any person,
citizen, Borough official or police officer that any building or structure
whether completed or in the process of construction, or any portion
thereof, is in a dangerous condition, such person shall report the
same to the Borough Council or to the Mayor. If reported to the Mayor,
then the Mayor shall notify the Borough Council.
B.
The Borough Council shall then designate an engineer to make an investigation
and examine the building or structure reported. If the Engineer 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 presented to Borough Council. The report may recommend whether
the building can be repaired or whether it shall be removed as a dangerous
building.
The Council of the Borough shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided hereinabove in § 135-12 of this article, 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 offices in and for the county, in the Commonwealth of 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 Borough may discover, and said notice shall inform the owner or other party to appear before the Council on a date specified to show cause why the building or structure reported as a dangerous building should not be repaired, demolished or vacated in accordance with any written report to Council or determination made by Council or if the foregoing cannot be located after reasonable efforts, then by posting said notice at the property;
B.
Within not less than 10 days nor more than 60 days from the date
of such notice, hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or other person having an interest in
said building shall offer related to the dangerous building;
C.
Within 30 days of such hearing, make written findings of fact from
the testimony offered pursuant to the hearing as to whether or not
the building in question is a dangerous building; and
The following standards shall be followed in substance by the
Council in ordering repair, vacation or demolition of a dangerous
building:
A.
If the dangerous building can be repaired as determined by the Council
so that it will no longer violate the terms of this article, 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 Council, 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 article, any other ordinance of
the Borough or any statue 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 article after the hearing, then Council within the time set forth in § 135-13D of this article shall cause notice of this order issued under § 135-13D of this article to be served upon the owner or owners of such dangerous buildings as determined by the records previously or who appeared at the hearing, or to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building who can be located, or nailed to the door.
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 this 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 in the Commonwealth of Pennsylvania.
C.
The notice and order shall identify the building or structure deemed
dangerous; contain a statement of the 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 article; provided further in any case where the notice prescribes
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 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 10 days of such notice and to comply with such
repair, vacation or demolition within 90 days from the receipt of
such notice.
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 § 135-15 of this article or who violates any of the other provisions of this article, shall upon conviction before a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $1,000, plus costs, and in default of payment of the fine and costs shall be subject to imprisonment for a period not to exceed 90 days. Each day of a violation shall be considered a separate violation and offense.[1]
B.
Any person having an 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 failing
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 of
10%, to be charged upon the land upon which the building exists as
a municipal lien, or alternatively to recover such costs and penalty
in a suit at law against the owner or owners but failing to recover
same to have the judgment therefore 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 the 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 § 135-16B of this article. Notwithstanding anything herein to the contrary, the Borough may at any time file for equitable relief with the Northampton County Court of Common Pleas.
