[HISTORY: Adopted by the Borough Council of the Borough of
North East 8-4-2003 by Ord. No. 815A. Amendments noted where applicable.]
A.
BUILDING
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this chapter, the following terms shall have the meaning
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 existing in violation of any provision of the building
code, fire prevention code, or other ordinances of the Borough of
North East.
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 waste materials, except garbage, including residue
from the burning wood, coal, coke, and other combustible material,
paper, rags, carton, 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 § 188-1 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 Code Enforcement Officer or, in his absence, by the Borough
Manager of the Borough of North East 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 it 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
Code Enforcement Officer, or, in his absence, by the Borough Manager.
The Borough Code Enforcement Officer, or, in his absence, the Borough
Manager, shall remove such placard whenever the defect or defects
upon which the placarding action were based have been eliminated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 North East 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 Code Enforcement Officer or, in his absence, the Borough Manager, 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 § 188-1 above.
B.
Whenever an inspection discloses that a dwelling, building, or structure
has become a public nuisance, the Borough Code Enforcement Officer
or, in his absence, the Borough Manager, 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 used.
(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 North East, 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 North
East 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.
C.
The Borough Code Enforcement Officer shall appear at all hearings
conducted by the Borough Council upon the request of Council and testify
as to the condition of dangerous buildings.
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 Manager 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 Manager 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 the
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 Manager 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 § 188-3C.
Whenever the Borough Code Enforcement Officer or, in his absence,
the Borough Manager 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 Code Enforcement Officer or, in his absence, the Borough
Manager, 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 Code Enforcement
Officer or, in his absence, the Borough Manager 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 Code Enforcement Officer or, in his
absence, the Borough Manager, 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 Code Enforcement Officer or,
in his absence, the Borough Manager 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 North East 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. In the alternative, upon the determination
of the Borough Solicitor and in all cases in which the estimated cost
of remediation in excess of $1,000, excepting only emergency situations,
the Borough of North East may seek equitable relief in a court of
competent jurisdiction pursuant to the rules of civil procedure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Borough correctional facility for a
period not exceeding 10 days or 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 Erie County.
