[Ord. 52, 7/6/1965]
The word "building," as used in this Part 1, shall mean any
structure used or intended to be used as a dwelling or place of business
or industry, but shall not include any public building or any structure
built as a place of worship, or any accessory building located upon
a lot where this is also a main building.
[Ord. 52, 7/6/1965]
The Borough Engineer is hereby required to draw up a numbering
plan for the entire Borough of Jonestown and to assign numbers to
all lots and buildings located in the Borough. Such numbers shall
be assigned according to the system prescribed in this Part.
[Ord. 52, 7/6/1965]
Upon all streets extending east and west, the numbering system
shall commence at Lancaster Street, with number "1," and shall increase
eastwardly and westwardly from the intersection with Lancaster Street.
Each full square, which shall constitute the distance between any
two consecutive streets, shall be considered as constituting 100 numbers.
The allotment of numbers shall be made as nearly as practicable one
number for every 20 feet. The odd numbers shall be on the north sides
of such streets and the even numbers shall be on the south sides thereof.
[Ord. 52, 7/6/1965]
Upon all streets extending north and south, the numbering system
shall commence at Market Street, with number "1," and shall increase
northwardly and southwardly from the intersection with Market Street.
Each full square which shall constitute the distance away between
any two consecutive streets, shall be considered as constituting 100
numbers. The allotment of numbers shall be made as nearly as practicable
one number for every 20 feet. The odd numbers shall be on the east
side of the streets and the even numbers on the west sides thereof.
[Ord. 52, 7/6/1965]
Upon all alleys the same numbering system shall be used as is
prescribed in the second and third sections of this Part, except that
alleys shall not be considered as streets in locating a "full square"
for the purpose of beginning each new consecutive group of 100 numbers.
[Ord. 52, 7/6/1965]
Upon all streets not running in a generally north-south or east-west
direction or in any way not conforming to the prevalent pattern of
street arrangements in the Borough, numbers shall be assigned by the
engineer at approximate twenty foot intervals, as closely as possible
to the numbers used upon neighboring streets running in an approximate
parallel direction, or if the latter is not practicable, in the manner
that the engineer considers will provide a most logical means of locating
the property.
[Ord. 52, 7/6/1965]
Numbers shall be assigned to all existing buildings in the Borough
by the Borough Engineer as soon as possible after the adoption of
this Part 1, and the Borough Secretary shall immediately thereafter
send to the owner of every lot upon which a building is located a
notice of the number assigned to such building, directing that such
number be affixed to such building or elsewhere upon the property
in the manner prescribed by this Part, within 30 days of such notice.
Every property owner who shall disregard or fail to comply with such
notice, within the time limit stated therein, shall be guilty of a
violation of this Part 1.
[Ord. 52, 7/6/1965]
Numbers, as assigned to each building in the Borough according to the provisions of this Part 1, shall be affixed to or painted upon or carved upon such building or upon a permanent standard, base or support between such building or street. Each number shall be at least three inches high, shall be of such color and material as to be visible from the street and shall be constantly maintained in complete and legible form. The property owner shall reaffix or renew all numbers that shall not continue to conform to the requirements of this section. Provided: in the case of buildings occupied by other than by the owner thereof, the occupant, rather than the owner, shall be responsible for maintaining numbers upon such buildings as hereby required.
[Ord. 52, 7/6/1965; as amended by Ord. 2008-5, 12/2/2008]
Whenever a building shall hereafter be erected in the Borough,
the owner thereof shall forthwith apply to the Mayor for the official
number thereof. The number shall be assigned by the Mayor in conformity
with the requirements set forth in this Part 1 for numbers for existing
buildings and, within 30 days after being assigned to such building,
shall be affixed by the owner thereof in the manner required by this
Part 1 in the case of existing buildings and shall thereafter be maintained
as hereby required for the numbers of existing buildings.
[Ord. 52, 7/6/1965; as amended by Ord. 85, 9/13/1983]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every week that a violation of this Part I continues
shall constitute a separate offense.
[Ord. 1999-3, 9/7/1999]
As used in this Part, the following terms shall have the meanings
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 building:
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 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 building
code, fire prevention code or other ordinances of the Borough.
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, along or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof.
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 by complying with
the provisions of this Part 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 any other legal entity.
A piece, parcel, lot or tract of land.
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.
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.
[Ord. 1999-3, 9/7/1999]
All dangerous buildings within the terms of § 201
of this Part are hereby declared to be public nuisances and shall
be repaired, vacated or demolished as herein provided.
[Ord. 1999-3, 9/7/1999]
1.
The following standards shall be followed in substance by the property
inspector 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 Part, 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 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 property
inspector. The property inspector 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
Part; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this Part or any ordinance of the Borough
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 exceeds 50% of the market
value of the building at the time demolition is proposed and such
a remedy is not harsher in any other way than the minimum necessary
to properly abate the nuisance.
[Ord. 1999-3, 9/7/1999]
1.
The Mayor of the Borough of Jonestown shall act as the property inspector
as described in this Part.
2.
The property inspector 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
§ 201.
3.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance due to it being a dangerous building
within the terms of § 201, the property inspector shall
issue a written notice to the person or persons responsible therefor.
The notice:
A.
Shall be in writing.
B.
Shall include a statement of the reasons it is being issued, including
specifically which of the definitions the building or structure meets
under § 201 to constitute it a dangerous building.
C.
Shall state a reasonable time, not less than 30 days to rectify the
conditions constituting the nuisance or to remove and demolish the
dwelling, buildings or structure.
D.
Shall be served upon any record owner and any adult occupant of the
dwelling, building or structure with an interest in the property on
which the building sits or the building itself.
(1)
Except in emergency cases where a record owner or adult occupant
is absent from the Borough, all notices shall be deemed to be properly
served upon the person having an interest in the dangerous building,
or if a copy thereof is posted in a conspicuous place in or about
the structure affected by the notice.
(2)
Except in emergency cases, in all cases where a person who shall
be served under this section is absent from the Borough, the notice
provided for herein shall be sent by registered mail to that person
at his/her last known address 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 deemed to be adequate service.
E.
Shall state that the interested party has 10 days to request a hearing
before the Borough Council as provided in § 205.
F.
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Part and with the rules and
regulations adopted pursuant thereto, as from time to time may be
adopted by resolution of the Borough Council.
4.
Appear at all hearings conducted by the Borough Council related to
dangerous structures and buildings and testify as to the condition
of dangerous structures and buildings within the Borough.
[Ord. 1999-3, 9/7/1999]
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Part may request and
shall be granted a hearing on the matter before the Borough Council;
provided that such person shall file with the property inspector 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 property inspector
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
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The hearing shall be commenced not later than 65 days
after the day on which the petition was filed.
2.
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 Part shall automatically become an order if a written petition
for a hearing is not filed with the property inspector within 10 days
after such notice is served.
3.
Any aggrieved party may appeal the final order to the Court of Common
Pleas in accordance with the provisions of the Judicial Code and the
appeal must be commenced within 30 days of the entry of the final
order.
[Ord. 1999-3, 9/7/1999]
No person shall remove or deface the notice of dangerous building,
except as provided in § 203(C).
[Ord. 1999-3, 9/7/1999]
Whenever the property inspector 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
Part, such order shall be effective immediately. Any person to whom
such order is directed shall comply therewith immediately, but upon
petition to the property inspector shall be afforded a hearing as
soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this Part have been complied with,
the property inspector 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.
[Ord. 1999-3, 9/7/1999]
If any person served a notice pursuant to § 204 or
§ 207 fails to comply with the order of the property inspector
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 property
inspector 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 Council 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. Alternatively,
the Borough may seek injunctive relief in a court of competent jurisdiction
following the rules of civil procedure.
[Ord. 1999-3, 9/7/1999]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, 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.
