[HISTORY: Adopted by the Borough Council of the Borough of
Burgettstown 6-1-1992 by Ord. No. 1990-1 (Ch. V, Part 3, of
the 1976 Code of Ordinances). Amendments noted where applicable.]
The following terms, whenever used in this chapter, have the
following meanings indicated in this chapter, except where the context
indicates a clearly different meaning:
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals, including but not limited to a dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
A Borough employee who shall work in conjunction with the
professional inspection firm employed by the Borough to perform inspections
of buildings which appear to be dangerous. The Code Enforcement Officer
may send notices of violations.[1]
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
All buildings or structures which are deemed to be dangerous
under 34 Pa. Code § 403.84. The following list of defects
which are indicative of dangerous buildings is not all-inclusive:[2]
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 Code of
Burgettstown Borough.
Any building or structure, or part thereof, occupied or intended
or designed to be occupied as the home, residence or sleeping place
of one or more persons. A dwelling may include one or more dwelling
units or rooming units or a combination of both.
A room or group of rooms located within any dwelling and
forming a single habitable unit with facilities for living, sleeping,
cooking, and eating.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
The presence of insects, rodents, vermin and/or other pests.
Plot, tract, premises, or parcel of land, with or without
improvements thereto.
A person, corporation or entity who, alone or jointly or
severally with others:
Has title to a dwelling, either with or without possession of
the dwelling.
Has charge, care or control of a dwelling, either as agent of
the owner or as administrator, administratrix, executor, executrix,
or guardian of the estate of the owner or trustee.
Is the lessee of the whole dwelling where the dwelling is a
two-family dwelling, multiple dwelling or rooming house.
A natural person, corporation, partnership, association or
any other identifiable entity.
The ground, yard, lawn or court or the private way, walk,
alley or approach used or intended to be used in connection with a
dwelling, building or the like.
All putrescible and nonputrescible solid waste, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
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.
Any building or part thereof or man-made structure which
remains unoccupied for a period of more than six months, with either
doors, windows, or other openings broken, removed, boarded or sealed
up, or any building under construction upon which little or no construction
work has been performed for a period of more than six months.
Any open space on the same lot with a building and for the
most part unobstructed from the ground up.
All dangerous buildings within the terms of § 192-1 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
Code Enforcement Officer of the Borough 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 a 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 Code
Enforcement Officer. The Code Enforcement Officer 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 other part of the
Code of Burgettstown Borough or statute of the Commonwealth of Pennsylvania,
it shall be ordered to be demolished, provided that 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 Code Enforcement Officer 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 above.
B.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Code Enforcement Officer 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 municipality of Burgettstown, all
notices shall be deemed to be properly served upon the owner, occupant,
or other person having an interest in the dangerous building or structure
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 other method
authorized or required under the laws of this commonwealth.
(b)
Except emergency cases, and all other cases where the owner,
occupant, lessee, or mortgagee is absent from the Borough, 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
structure, 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.[1]
(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.
C.
The Code Enforcement Officer shall appear at all hearings conducted
by the Borough Council and/or any and all other hearings as may be
held under the circumstances and testify as to the condition of dangerous
buildings or structures.[2]
D.
The Code Enforcement Officer shall enforce this chapter in accordance
with its regulations and amendments and supplements thereto.
E.
The Code Enforcement Officer shall file any and all actions, citations,
criminal complaints and the like that are deemed necessary and appropriate
under the circumstances for purposes of obtaining compliance and/or
enforcement and to do so in the name of and on behalf of the Borough
of Burgettstown.
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 persons shall file with the Borough Council 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 of Burgettstown
shall set a time and place for such hearing, which may be held at
a regularly scheduled public meeting, and shall give the petitioner
written notice of the date and time and place 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 in which the petition
was filed. Furthermore, the person requesting said hearing shall be
required prior to the date and time of said hearing to tender a fee
or payment equal to the amount of the cost of advertising the same.
The Borough of Burgettstown, through its Secretary-Treasurer, shall
notify said applicant of the amount of said fee or costs as soon as
possible under the circumstances. Failure of the Borough to notify
the applicant of the costs and/or fee prior to the date of hearing
shall absolve the applicant or person requesting said hearing from
paying the same.[1]
B.
After such hearing, the Burgettstown Borough shall sustain, modify
or withdraw the notice. If the Burgettstown Borough sustains or modifies
such notice, it shall be deemed a final decision and an order. Any
notice served pursuant to this chapter shall automatically become
an order if a written petition for a hearing is not filed within 10
days after such notice is served or if the advertising fee or costs
are not paid by the date of hearing.
No person shall remove or deface the notice of a dangerous building or other notice except as otherwise provided in § 192-3C.
Whenever the Code Enforcement Officer or the Burgettstown Borough
finds that an emergency exists which requires immediate action to
protect the public health, he or it 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 Burgettstown Borough
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 shall continue such order in
effect, or modify or revoke it. The cost of such emergency repair,
vacation or demolition of such dangerous building or structure or
condition 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 Code Enforcement Officer within the time specified
in the notice issued by the Code Enforcement Officer, the Code Enforcement
Officer shall cause such building or structure or condition to be
repaired, vacated or demolished as the facts may warrant, under the
standards hereinbefore provided. The Borough 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.
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 Washington County.
