[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 2-2-2015 by Ord. No.
1730.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Demolition of buildings and structures — See Ch. 126.
Construction codes — See Ch. 144.
[1]
Editor's Note: This ordinance also repealed former Ch.
132, Buildings, Unsafe, adopted 6-8-1955 by Ord. No. 450 (Ch. 1444
of the 1982 Code).
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A structure which has enclosing walls and a roof and which
requires a permanent location on land.
All buildings or structures which have any one or any of
the following defects shall be deemed dangerous:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that the structural integrity
of the building or structure is threatened.
Those which, exclusive of the foundation, show substantial damage
or deterioration to the supporting member or members, or damage or
deterioration of 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 cause injury
to the health, safety or general welfare of those living therein or
to surrounding parties.
Those which have parts thereof which are so attached or partially
detached that they may fall and injure property or members of the
public.
Those which lack illumination, ventilation, sanitation facilities,
windows, doors, any utility such as gas, electric or water, 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 state or
local Building Code, Fire Prevention Code, or other ordinances of
the Borough.
Those which have been inspected by the Borough Building Code
Official, and found to be dangerous buildings or structures based
on their condition.
A person who, alone or jointly or severally with others:
Shall have legal title to any building or structure with or
without accompanying actual possession thereof; or
Shall have charge, care or control of any building or structure,
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 all rules and regulations adopted
pursuant hereto, to the same extent as if he were the owner.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity which is recognized by law
as the subject of rights and duties.
A piece, parcel, lot or tract of land.
Anything constructed or erected, the use of which demands
a permanent location on the soil or an attachment to something having
a permanent location on the soil.
A.
The Borough Building Code Official is authorized to inspect all buildings
and structures within the Borough in order to determine whether they
are dangerous, and shall prepare a report, as necessary.
B.
The Building Code Official may review all available reports and make
a determination as to whether the building or structure is dangerous
within the meaning of this chapter.
If the Building Code Official determines the building or structure
to be dangerous, the said Official shall issue a written notice ("the
notice") requiring the repair or removal of the building or structure
within a specified deadline.
A.
The notice shall be dated and shall reasonably state the reasons
for which it is issued.
B.
If the notice permits repair, it shall identify the repairs required
to be made, or refer to the report of the Building Code Official,
if the required repairs are identified therein.
C.
The notice shall reasonably advise of the following:
(1)
The Building Code Official has determined the building or structure described to be dangerous and a nuisance, and such building or structure must be repaired or removed within 30 days of the date of the notice, unless a shorter period is specified as set forth in Subsection D below. Unless a hearing is requested as set forth below, this determination shall become final 30 days after the date of the notice.
(2)
Any party who may feel aggrieved by the determination that a building
or structure is dangerous may contest the determination by requesting
a hearing before the Uniform Construction Code Appeals Board (UCCAB)
in accordance with the rules and regulations applicable to the said
Appeals Board.
(a)
The request for a hearing must be in writing and must be filed and received by the Borough Manager within 30 days of the date of the notice, unless a shorter period is specified as set forth in Subsection D below. Failure to file a timely request for hearing will result in the loss of any opportunity to contest the determination that the building or structure is dangerous.
D.
The notice may set forth a repair or removal deadline of less than
30 days and an appeal period of less than 30 days if the Building
Code Official finds that a shorter repair, removal or appeal period
is necessary to protect the occupants or the public from the nuisance
or danger posed by the dangerous building or structure.
E.
Any dangerous building or structure required to be removed must be done in accordance with Chapter 126.
F.
The notice will state, in large capital letters, "OCCUPANCY OF THIS BUILDING IS PROHIBITED BY LAW, EFFECTIVE 30 DAYS FROM THE DATE OF THIS NOTICE." If the notice contains a shorter removal or repair deadline pursuant to Subsection D above, that shorter removal or repair time period shall be stated in the notice.
G.
The notice shall be in writing and mailed by registered or certified
mail, return receipt requested, and by first-class, postage-prepaid,
United States mail, to the last known address of the owner as set
forth in the Borough's tax records and to the occupants of the
building or structure at the building's or structure's address.
The notice shall also be posted upon the property by attachment to
or near the front door of the building or structure. The notice shall
be declared to have been served on the owner and/or occupant of the
building or structure on the date of the mailing or the date of the
posting of the notice, whichever first occurs.
If, after the notice is given, and a hearing, if requested,
has been held resulting in a determination that the building or structure
is dangerous, and if said building or structure is not repaired or
removed within the time limits prescribed by the notice, the Borough
is authorized to advertise for bids for demolition or repair of such
building or structure and the restoration of the land to its natural
state, if required. The Borough may enter into a contract with the
lowest responsible bidder, or if feasible, the work may be done in
whole or in part by Borough employees. Borough officials are also
authorized to enter, inspect, photograph, and inventory said building
or structure prior to demolition or repair.
The Borough is hereby authorized and directed to file a municipal
claim against the lot or lots appurtenant to any building or structure
caused to be razed or repaired pursuant to this chapter and to claim
all the costs and attorney fees incurred in connection with the razing
or repair, together with a penalty of 10% as provided by law. In the
alternative, the said costs, attorney fees, penalties and expenses
may be collected by an action in assumpsit against the owners of said
dangerous building or structure.
A copy of the notice of repair or removal, once posted on the
building or structure, shall remain on the building or structure until
the building or structure is demolished or repaired in accordance
with the notice. Removal of the notice is prohibited, except by the
Building Code Official. The unauthorized removal of the notice shall
be a summary offense and punishable by a fine of $25 plus costs of
prosecution.
It is violation of this chapter for any person to be an owner of a dangerous building or structure or to permit, cause or allow such building to become dangerous. It is a violation of this chapter for any owner of a dangerous building or structure to fail to repair or remove the building or structure as directed by the Building Code Official or fail to carry out the repair or removal within the time period specified by the Building Code Official. No person is permitted to occupy a dangerous building or structure. Borough Officials are authorized to remove any occupant from a dangerous building or structure, along with their possessions. The costs of removal and storage of the possessions shall be recoverable under § 132-5 herein or as otherwise allowed by law. The Borough shall not in any event store possessions in excess of 30 days.
A.
A public notice shall be posted by the Borough in the manner set
forth below when the following conditions have occurred:
(1)
A notice of repair or removal has been issued by the Borough pursuant to § 132-3, and
(a)
The property owner has not appealed such notice within the applicable
appeal time and has not timely carried out the required repair or
removal; or
(b)
An appeal has been filed by the owner resulting in a final determination
by the UCCAB, or a Local Agency Law hearing has been completed and
a final decision rendered by the Borough Council requiring the repair
or removal and such required repair or removal has not been commenced
with the applicable time limit.
B.
Where either of the conditions referenced in § 132-8A(1)(a) or (b) have occurred, the Building Code Official or Code Enforcement Officer may post a sign in the Borough's right-of-way adjacent to the property in question which contains the following information: the property owner's and mortgagee's name, address and telephone number, a copy of the written notice issued pursuant to § 132-3, and a statement as to whether there have been any hearings held regarding the property. The sign shall be conspicuously posted in large print and shall be maintained until all code violations have been eliminated on the premises.
C.
When the Building Code Official or the Code Enforcement Officer causes
a sign to be erected as set forth herein, notice of the same shall
be immediately given to the Borough Manager.
D.
It shall be a violation of this chapter for any person to remove
or otherwise tamper with a sign erected by the Building Code Official
pursuant to this section. Any unauthorized removal shall be punishable
as a summary offense and subject to a fine of $25 plus costs of prosecution.
E.
The Building Code Official may agree with the property owner to removal
of such sign if the property owner takes concrete steps to bring the
property into compliance. Any such agreement shall be in writing and
must be approved by the Borough Manager.
Any provision of this chapter may be implemented, performed
or enforced by the Building Code Official or his designees.
Any person who shall violate any provisions of this chapter,
upon conviction thereof, may be sentenced to pay a fine not exceeding
$1,000, and in default of payment thereof to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation continues
beyond the date fixed for compliance shall constitute a separate offense.
