[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin 7-23-1968 by Ord. No. 643 (Ch. 4, Part 1, of the
1999 Code of Ordinances). Amendments noted where applicable.]
All buildings or structures which have any or all of the following
defects shall be deemed "dangerous buildings":
A.
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.
B.
Those which, exclusive of the foundation, show 33% or more of damage
or deterioration of the supporting member or members or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
C.
Those which have improperly distributed loads upon the floors or
roofs in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind, or other causes so as
to have become dangerous to life, safety, morals, or the general health
and welfare of the occupants or the people of the Borough of West
Mifflin.
E.
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential for human
habitation or are likely to cause sickness or disease as to work injury
to health, morals, safety or general welfare of those living therein.
F.
Those having light, air, and/or sanitation facilities which are inadequate
to protect the health, morals, safety, or general welfare of human
beings who live or may live therein.
G.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes,
or other means of communication.
H.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
I.
Those which, because of their condition, are unsafe, unsanitary,
or dangerous to the health, morals, safety, or general welfare of
the people of this Borough.
The following standards shall be followed in substance by the
Building Inspector, or assistants specifically designated thereto,
and the Borough Council 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 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.
In any case where a dangerous building is 50% damaged, decayed or
deteriorated from its original value or structure, it shall be demolished,
and in all cases where a building cannot be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be demolished. In all cases where a dangerous building is a fire hazard
existing or erected in violation of the terms of this chapter or any
ordinance of the Borough or statute of the Commonwealth of Pennsylvania,
it shall be demolished.
All dangerous buildings within the terms of § 94-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
The Building Inspector, or assistants specifically designated
thereto, shall:
A.
Inspect or cause to be inspected semiannually all public buildings, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of § 94-1 of this chapter.
B.
Inspect any dwelling, building, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
C.
Inspect any dwelling, building, wall or structure reported (as hereinafter
provided for) by the Fire or Police Departments of this Borough as
probably existing in violation of the terms of this chapter.
D.
Inspect annually buildings in any area of this Borough to determine whether they are dangerous buildings within the terms of § 94-1 of this chapter.
E.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the Register of Deeds or the Recorder of Deeds of the County of Allegheny, of any building found by him to be a dangerous building within the standards set forth in § 94-1 of this chapter, that:
(1)
The owner must vacate or repair or demolish said building in accordance
with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or may have it repaired
in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an interest in said
building as shown by the land records of the Registrar of Deeds or
the Recorder of Deeds of the County of Allegheny may, at his own risk,
repair, vacate, or demolish said building or have such work or act
done, provided that any person notified under this subsection to repair,
vacate or demolish any building shall be given such reasonable time,
not exceeding 30 days, as may be necessary to do, or have done, the
work or act required by the notice provided for herein.
F.
Set forth in the notice provided for in Subsection E hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the 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 within such length of time, not exceeding 30 days, as is reasonable.
H.
Appear at all hearings conducted by Council and testify as to the
condition of the dangerous buildings.
I.
Place a notice on all dangerous buildings, reading as follows: "This
building has been found to be a dangerous building by the Building
Inspector, or assistants specifically designated thereto. This notice
is to remain on this building until it is repaired, vacated, or demolished
in accordance with the notice which has been given the owner, occupant,
lessee, mortgagee or agent of this building, and all other persons
having an interest in said building as shown by the land records of
the Registrar of Deeds and/or the Recorder of Deeds of the County
of Allegheny. It is unlawful to remove this notice until such notice
is complied with."
The Borough Council shall:
A.
Upon receipt of a report of the Building Inspector, or assistants specifically designated thereto, as provided in § 94-4G 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 Registrar of Deeds or the Recorder of Deeds of Allegheny 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 building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 94-4F.
B.
Hold a hearing and hear such testimony as the Building Inspector,
or assistants specially assigned thereto, or the owner, occupant,
mortgagee, lessee, or any other person having an interest in said
building, as shown by the land records of the Registrar of Deeds or
the Recorder of Deeds of the County of Allegheny, shall offer relative
to the dangerous building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the land records of the Registrar of Deeds or the Recorder of Deeds of Allegheny County, to repair, vacate, or demolish any building found to be a dangerous building within the terms of this chapter and provided that any person so notified, except the owners, shall have the privilege either of vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building, as shown by the land records of the Registrar of Deeds or the Recorder of Deeds of the County of Allegheny, may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Borough against the land upon which said dangerous building stands, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Borough Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 94-2 of this chapter, and shall cause the cost of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or to be recovered in a suit at law against the owner, provided that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Borough, the Council shall notify the Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
[Amended 6-7-1988 by Ord. No. 946; 3-16-1999 by Ord. No. 1094]
The owner, occupant or lessee in possession of any building
who shall fail to comply with a notice or order to repair, vacate
or demolish any such dangerous building, given by any person authorized
by this chapter to give such notice or order, or who violates any
of the provisions of this chapter or any regulations issued hereunder
shall, upon conviction, be subject to a fine not exceeding $1,000,
together with costs of prosecution, and, in default of payment of
the fine and costs, shall undergo imprisonment for a period not exceeding
30 days. Each day that a violation is permitted to exist shall constitute
a separate offense. The provisions for penalties contained in this
chapter are in addition to any other remedies provided by this chapter,
any other ordinance, statute, or rule of law.
The Solicitor shall:
B.
Appear at all hearings before Council in regard to dangerous buildings.
C.
Bring suit to collect all municipal liens, assessments, or costs
incurred by Council in repairing, or causing to be vacated or demolished,
dangerous buildings.
D.
Take such other legal action as is necessary to carry out the terms
and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to life or safety or any person unless a dangerous building, as defined herein, is immediately repaired, vacated, or demolished, the Building Inspector, or assistants specially designated thereto, shall report such facts to the Borough Council, and the said Council shall cause the immediate repair, vacation, or demolition of such dangerous buildings. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as § 94-7C hereof.
In cases, except emergency cases, where the owner, occupant,
lessee, or mortgagee is absent from the Borough, all notices or orders
provided for herein shall be sent by certified mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building, as shown on the land records of the Registrar of
Deeds and/or the Recorder of Deeds of the County of Allegheny, 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.
Where desirable, the notices and orders provided for herein may be
served in the same manner a summons is served in the courts of general
jurisdiction.
No officer, agent, or employee of the Borough of West Mifflin
shall render himself personally liable for any damage that may accrue
to persons to property as a result of any act required or permitted
in the discharge of his duties under this chapter. Any suit brought
against any officer, agent or employee of the Borough as a result
of any act required or permitted in the discharge of his duties under
this chapter shall be defended by the Borough Solicitor until the
final determination of the proceedings therein.
The employees of any fire company of the Borough may make a
report in writing to the Building Inspector of all buildings or structures
which are, may be, or are suspected to be dangerous buildings within
the terms of this chapter. Such reports are requested to be delivered
to the Building Inspector within 24 hours of the discovery of such
buildings by any employee of a fire company.
All employees of the Police Department shall make a report in
writing to the Building Inspector of any buildings or structures which
are, may be, or are suspected to be dangerous buildings within the
terms of this chapter. Such reports must be delivered to the Building
Inspector within 24 hours of the discovery of such buildings by any
employee of the Police Department.
