[Adopted 5-6-2003 by Ord.
No. 2003-03]
This article shall be known and may be cited as the "West Grove
Borough Abatable Structure Ordinance."
The purposes of this article include, but are not necessarily
limited to:
A. Providing a procedure for determining whether structures or parts
of structures are, by virtue of their condition, dangerous or harmful
to the public health, safety and welfare and should be demolished
by the Borough;
B. Providing notice to the property owner and a reasonable opportunity
to abate the public nuisance before the Borough does; and
C. Providing a procedure by which demolition and/or removal of an abatable
structure may be done by the Borough.
Unless otherwise expressly stated, the following words, when
used in this article, shall have the meanings indicated below. The
present tense includes the future tense, the singular number includes
the plural number, the plural number the singular, and the masculine
gender includes the feminine and neuter genders.
ABATABLE STRUCTURE(S)
A structure(s), or part thereof, which is:
A.
A public nuisance and nuisance in fact for any reason which
may involve, but is not limited to, the structure being:
(1)
Dangerous or hazardous to the public safety;
(2)
Likely to cause accidents, sickness or disease to the public;
(3)
An attractive nuisance to and a danger to children;
(4)
A habitat for vectors or vermin;
(5)
Damaged by fire, wind, vandalism, infestation or any other cause
or deteriorated or decayed due to neglect, failure to maintain or
complete or any other cause to a degree which has rendered the structure
subject to collapse or structural failure;
(6)
In violation of Borough property maintenance regulations; and/or
(7)
Incomplete, not being actively worked on or kept secure and
which has no economic value; and
B.
A nuisance that can be abated efficiently, by the Borough, only
by demolition of the structure.
BOROUGH
The Borough of West Grove, Chester County, Pennsylvania.
BUILDING
Any structure having a roof, designed to be enclosed by walls.
COUNTY
Chester County, Pennsylvania.
DEPARTMENT
The Borough's Code Enforcement Department.
DEPARTMENT'S DETERMINATION
A Zoning Officer's/Building Inspector's determination
that a structure is an abatable structure that the Borough should
demolish.
OWNER(S)
Each and every legal owner of the property.
PROPERTY
The parcel or parcels of land upon which an abatable structure
is located.
STRUCTURE
Any man-made object having an ascertainable stationary location
whether or not affixed to the land; all "buildings" and other constructed
improvements to real property, including but not limited to retaining
walls, towers, antenna, stand pipes, erected poles, paving, equipment
and/or fixtures attached to a building and/or other constructed improvement
and underground facilities, are structures for purposes of this chapter.
TAX RECORD OWNER
The record owner(s) of the property as identified on the
current real estate tax records of the County Department of Assessment
Appeals or as identified by a title company.
TITLE COMPANY
A real estate title insurance or abstract company authorized
to do business as such in Pennsylvania.
The owner of a structure(s) found to be (an) abatable structure(s),
pursuant to the procedures established by this article, shall abate
such nuisances promptly, completely and in compliance with all applicable
regulations.
No one, other than the Borough, shall do work on the structure(s)
unless and until all Borough regulatory procedures (e.g., applications,
plans, permits) and requirements applicable to such work are complied
with. Proposing work and/or doing work on the structure(s) to eliminate
nuisance conditions and violations will be considered at the hearing.
However, such work will not extend any time for appeal and/or extend
or stop the hearing and/or the Borough's proceedings pursuant
to the Department's determination and/or this notice, unless
the Department issues a new written determination that such work has
abated the nuisance and violation conditions so that demolition of
the structure(s) is no longer necessary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article 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 Chester County.