[HISTORY: Adopted by the Borough Council of the Borough of
Auburn 12-8-1993 by Ord. No. 12/8/1993(Ch. 4, Part 3, of the 1993 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 133.
A.
BUILDING
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
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 structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base;
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members, or damage or deterioration
to 50% of the nonsupporting enclosing or outside walls or covering;
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used;
Those which have been damaged by fire, wind or other causes
so as to be dangerous to life, safety, or the general health and welfare
of the occupants or the public;
Those which are so damaged, dilapidated, decayed, unsafe, unsanitary,
vermin infested 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 sickness or disease, so as to work injury to
the health, safety or general welfare of those living therein;
Those which have parts thereof which are so attached that they
may fall and injure property or members of the public;
Those which lack illumination, ventilation or sanitation facilities
or because of another condition are unsafe, unsanitary, or dangerous
to the health, safety, or general welfare of the occupants or the
public;
Those which because of their location are unsanitary, or otherwise
dangerous, to the health or safety of the occupants or the public;
Those existing in violation of any provision of the building
code, fire prevention code, or other ordinances of the Borough of
Auburn.
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.
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible,
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Presence, within or around a dwelling, of any insects, rodents
or other pests.
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 chapter and with rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner.
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,
including 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.
Whenever the words "dwelling," "dwelling unit," or "premises," are
used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."
All dangerous buildings within the terms of § 105-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
The following standards shall be followed in substance by the
Borough Engineer of the Borough of Auburn in ordering repair, vacation,
or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B.
If the dangerous building is in such condition as to make it dangerous
to the health, safety, or general welfare of its occupants, or the
public and is so placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, as is reasonable.
C.
No dwelling or dwelling unit which has been 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
Engineer. The Borough Engineer shall remove such placard whenever
the defect or defects upon which the placarding action were based
have been eliminated.
D.
If a dangerous building is 50% or more damaged or decayed, or deteriorated
from its original condition; if a dangerous building cannot be repaired,
so that it will no longer exist in violation of the terms of this
chapter; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this chapter or any ordinance of the
Borough of Auburn or statute of the Commonwealth of Pennsylvania,
it shall be ordered to be demolished; provided, the cost of repairs
to rectify or remove the conditions constituting the nuisance exceed
50% of the market value of the building at the time demolition is
proposed.
A.
The Borough Engineer may, or as determined by Borough Council shall, inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 105-1 above.
B.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Borough Engineer shall issue a written
notice to the person or persons responsible therefor. The notice:
(1)
Shall be in writing;
(2)
Shall include a statement of the reasons it is being issued;
(3)
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure;
(4)
Shall be served upon the owner, or his agent, or the occupant, as
the case may require.
(a)
Except in emergency cases and where the owner, occupant, lessee,
or mortgagee is absent from the Borough of Auburn, all notices shall
be deemed to be properly served upon the owner, occupant or other
person having an interest in the dangerous building, 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 the commonwealth.
(b)
Except emergency cases, in all other cases where the owner,
occupant, lessee, or mortgagee is absent from the Borough of Auburn,
all notices or orders provided for herein shall be sent by registered
mail to the owner, occupant, and all other persons having an interest
in said building, as shown by the records of the County Recorder of
Deeds, to the last known address of each, and a copy of such notice
shall be posted in a conspicuous place on the dangerous building to
which it relates. Such mailing and posting shall be deemed adequate
service.
(5)
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
A.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter may request
and shall be granted a hearing on the matter before the Borough Council,
provided that such person shall file with the Borough 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 Secretary
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 30 days
after the day on which the petition was filed.
B.
After such hearing the Borough Council shall sustain, modify or withdraw
the notice. If the Borough Council sustains or modifies such notice,
it shall be deemed to be an order. Any notice served pursuant to this
chapter shall automatically become an order if a written petition
for a hearing is not filed with the Borough Secretary within 10 days
after such notice is served.
C.
Any aggrieved party may appeal the final order to the Court of Common
Pleas in accordance with the provisions of the Judicial Code.
No person shall remove or deface the notice of dangerous building, except as provided in § 105-3C.
Whenever the Borough Engineer finds that an emergency exists
which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as is necessary
to meet the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately, but
upon petition to the Borough Engineer shall be afforded a hearing
as soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this chapter have been complied with,
the Borough Engineer shall continue such order in effect, or modify,
or revoke it. The costs of such emergency repair, vacation or demolition
of such dangerous building shall be collected in the same manner as
provided herein for other cases.
If the owner, occupant, mortgagee, or lessee fails to comply
with the order of the Borough Engineer within the time specified in
the notice issued by him and no petition for a hearing is filed within
10 days thereafter, or following a hearing by the Borough Council
where the order is sustained thereby, the Borough Engineer shall cause
such building or structure to be repaired, vacated, or demolished,
as determined by the Borough Council in accordance with the standards
hereinbefore provided. The Borough of Auburn may collect the cost
of such repair, vacation or demolition together with a penalty of
10% of such cost in the manner provided by law, or the Borough of
Auburn may seek injunctive relief in a court of competent jurisdiction
pursuant to the rules of civil procedure.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not 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 correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Schuylkill
County.