[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding 7-10-1979 by Ord. No. 805 (Ch. 4, Part 1, of the 1989 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 foundations, 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.
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 have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Borough of
Wilmerding.
Those which have become or are so dilapidated, decayed, unsafe
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, morals, safety
or general welfare of those living therein.
Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
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.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
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.
Those buildings existing in violation of any provision of the
Building Code of this Borough or in violation of the Fire Prevention
Code or other ordinances of this Borough.
The following standards shall be followed in substance by the
Building Inspector or assistants specially 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 or 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 § 122-1
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 specially designated thereto
shall:
A.
Inspect or cause to be inspected annually all public buildings, schools,
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 § 122-1 of this chapter.
B.
Inspect any 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 building, wall or structure reported (as hereinafter
provided for) by the Fire or Police Department of this Borough as
probably existing in violation of the terms of this chapter.
D.
Inspect buildings in any ward of this Borough to determine whether
they are "dangerous buildings" within the terms of § 122-1
of this chapter.
E.
Notify in writing the owner, occupant, lessee, mortgagee, agent and
all other persons having interest in said building, as shown by 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
§ 122-1 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; or
(3)
The mortgagee, agent or other persons having an interest in said
building, as shown by the land records of 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 made 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 the Borough Council and testify
as to the condition of dangerous buildings.
I.
Place a notice on all dangerous buildings, reading as follows:
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"This building has been found to be a dangerous building by
the Building Inspector or assistants specially 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 Recorder of Deeds of the County of Allegheny.
It is unlawful to remove this notice until such is complied with."
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The Borough Council shall:
A.
Upon receipt of a report of the Building Inspector or assistants
specially designated thereto, as provided for in § 122-4G
hereof, give written notice to the owner, occupant, mortgagee, lessee,
agent and all other persons having an interest in said building as
shown by the land records of 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 § 122-4F.
B.
Hold a hearing and hear such testimony as the Building Inspector
or assistants specially assigned thereto, the owner, occupant, mortgagee,
lessee or any other person having an interest in said building, as
shown by the land records of the Recorder of Deeds of the County of
Allegheny, shall offer relative to the dangerous buildings.
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 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, 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 Reorder 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
hereinabove provided for in § 122-2 of this chapter and
shall, with the assistance of the Borough Solicitor, 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 Borough Council shall notify the Borough Solicitor to
take legal action to force the owner to make all necessary repairs
or demolish the building.[1]
[Amended 11-14-1989 by Ord. No. 899]
The owner, occupant or lessee in possession of any building
who shall fail to comply with any 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 regulation issued thereunder,
shall, upon conviction, be subject to a fine not exceeding $600 and
costs or, in default of payment thereof, shall be subject to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
chapter continues shall constitute a separate offense. The provisions
for penalties contained in this chapter are in addition to any other
remedies provided by this chapter.
The Borough Solicitor shall:
B.
Appear at all hearings before Borough Council in regard to dangerous
buildings.
C.
Bring suit to collect all municipal liens, assessments or costs incurred
by the Borough 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 of 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 Borough Council
shall cause the immediate repair, vacation or demolition of such dangerous
building. The cost of such emergency repair, vacation or demolition
of such dangerous buildings shall be collected in the same manner
as provided in § 122-5E 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 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 Wilmerding shall
render himself personally liable for any damage that may accrue to
persons or 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 of Wilmerding 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 the Fire Department of the Borough shall 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 must be delivered to
the Building Inspector within 24 hours of the discovery of such buildings
by any employee of the said Borough Fire Department.
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.
Except as modified by this chapter, all provisions of all other
ordinances of the Borough of Wilmerding shall remain in full force
and effect without alteration.
