[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus 12-4-2002 by Ord. No. 2002-156 (Ch. 4, Part 4, of the 1984 Code
of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Jacobus Borough Dangerous
Structures Ordinance."
A.
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
DANGEROUS CONDITION
Specific definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Any building, shed, fence or other man-made structure which
is dangerous to the public health because of its condition and which
may cause or aid in the spread of disease or injury to the health
of the occupants of it or neighboring structures.
Any building, shed, fence or other man-made structure which,
because of faulty construction, age, lack of proper repair or other
cause, is especially liable to fire and constitutes or creates a fire
hazard.
Any building, shed, fence or other man-made structure which,
by reason of faulty construction or any cause, is liable to cause
injury or damage by collapsing or by collapse or fall of any part
of such structure.
Any building, shed, fence or other man-made structure which,
because of its condition or because of lack of doors or windows, is
available to and frequented by malefactors or disorderly persons who
are not lawful occupants of such structure.
Any quarry, sinkhole, accumulation of water, accumulation
of materials or other feature of any premises which is dangerous to
the public health because of such feature and which may cause or aid
in the spread of disease or injury to the house of the occupants of
said premises or of neighboring premises or structures.
B.
Any such dangerous building or dangerous condition within the Borough
of Jacobus is hereby declared to be a nuisance.
It shall be unlawful to maintain or permit the existence of
any dangerous building or dangerous condition in the Borough of Jacobus,
and it shall be unlawful for the owner, occupant or person in custody
of any dangerous building to maintain the dangerous condition or permit
the same to remain dangerous or to occupy any such building or permit
it to be occupied while it is or remains dangerous.
A.
Whenever it shall be reported to the Mayor that any dangerous building
or dangerous condition exists, the Mayor shall immediately cause an
investigation or examination to be made of such building or condition
by the Borough Engineer. If such investigation or examination indicates
such building or condition to be dangerous as defined in this chapter,
the Engineer shall report the same, in writing, to the Mayor specifying
the exact matter of such condition and setting forth in such report
whether and in what respect he considers such building or condition
to be dangerous and, if so, whether such building or condition is
capable of being properly corrected or whether it should be removed.
B.
In the event that the Mayor finds such building or condition to be dangerous as provided in Subsection A above, he shall cause written notice thereof to be served upon the owner of the premises and upon the occupant thereof, if any, by registered mail, return receipt requested, or by personal service. Such notice shall state that the building or condition has been declared to be dangerous and that such danger must be removed or remedied by repairing or altering the building or condition or by demolishing it and that the danger must be remedied within 10 days. Such notice may be in the following terms:
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"To ____________________________ (owner, occupant of premises)
of premises known and described as ____________________________.
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You are hereby notified that _________________________ (describe
building or condition) on the premises above-mentioned has been declared
a nuisance and a dangerous building or dangerous condition after inspection
by _________________________.
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The causes for this decision _________________________ (here
insert the facts as to the dangerous building or dangerous condition).
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You must remedy this condition or demolish the building within
10 days of the date of this letter or the Borough of Jacobus will
proceed to do so, and the cost thereof will be assessed upon you."
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C.
Anyone receiving notice that a dangerous building or dangerous condition
exists upon premises that they own or occupy shall have the right
to appeal such decision of the Mayor within 10 days of the service
of such notice by filing with the Council of the Borough of Jacobus,
through the Borough Secretary, written notice of their appeal. Upon
receipt of said notice by the Council of the Borough of Jacobus, it
shall, within 30 days of said receipt, establish a place, date and
time for a hearing to be held on said matter, at which time the appeal
shall be heard by the Borough Council.
D.
If the person or persons receiving the notice as called for in Subsection B above have not complied with or have not taken an appeal from the determination of the Mayor of the finding that a dangerous building or dangerous condition exists within 10 days from the time when this notice is served upon this person by registered mail or personal service, the Borough of Jacobus, through its employees, may proceed to remedy the condition or to demolish the building.
A.
Any frame building or structure within the limits of the Borough
of Jacobus which has or may be damaged by fire, decay or other causes
to the extent of 50% of its value shall be torn down and removed or
rebuilt with new or undamaged material.
B.
Upon written notice by the Borough Engineer to the effect that such
building has been so damaged filed with the Borough Secretary, said
Secretary shall notify the owner or occupant, if any, of the premises
of the receipt of such notice.
C.
The Secretary of the Borough shall thereupon cause written notice
of this determination to be served upon the Council of the Borough
of Jacobus at its next regularly scheduled meeting.
D.
The Council of the Borough of Jacobus shall then appoint three persons
to determine whether or not such building or structure has been damaged
to the extent of 50% of its value.
E.
A copy of the notice of the appointment of this Board of three persons
to determine the damage shall be served upon the owner of the premises
by personal service or by registered mail at his last known address.
F.
Such notice shall be in substantially the following form:
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"To ______________________________.
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You are hereby notified that the Borough Council of the Borough
of Jacobus has determined that the building owned by you located at
(its described location) has been damaged by fire, decay or otherwise
to the extent of 50% of its value, that a Board of three persons has
been appointed to verify this finding, which said Board will hold
its first meeting at _________________________ on the _____ day of
_____________, 19__, at the hour of _______, at which time it will
determine whether or not this finding is correct.
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If this finding is verified by the Board, you must tear down
and remove the said building or rebuild it with new or undamaged materials."
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G.
If this finding is verified by the Board of three members, and it
determines that the building in question has been damaged to the extent
of 50% of its value, it shall be the duty of the owner to tear down
and remove the said building within 20 days after the finding of such
Board or to remodel it to comply with the requirements of the Borough,
and it shall be unlawful to occupy or permit the occupancy of such
building after such finding until it is so remodeled.
In the event that any owner or occupant shall neglect, fail
or refuse to comply with any notice required by this chapter within
the period of time stated therein, the Borough authorities may remove
or correct any such dangerous building or dangerous condition, and
the cost thereof, together with any additional penalty authorized
by law, may be collected by the Borough from such owner or occupant
in the manner authorized by law.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this chapter
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this chapter.
