[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 5-12-1994 by Ord. No. 4-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch.
263.
Rental property reports — See Ch.
271.
All structures or existing equipment which are or hereafter
become unsafe, unsanitary or deficient because of inadequate means
of egress facilities, inadequate light and ventilation, or which constitute
a fire hazard, or are otherwise dangerous to human life or the public
welfare, or which involve illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition. All unsafe structures
shall be taken down and removed or made safe, as the Zoning Enforcement
Officer deems necessary and as provided for in this chapter. A vacant
structure that is not secured against entry shall be deemed unsafe.
The Zoning Enforcement Officer shall cause a report to be filed
with the Dalton Borough Secretary on an unsafe condition. The report
shall state the occupancy of the structure and the nature of the unsafe
condition.
If an unsafe condition is found, the Zoning Enforcement officer
shall serve on the owner, agent or person in control of the structure,
a written notice that describes the condition deemed unsafe and specifies
the required repairs or improvements to be made to abate the unsafe
condition, or that requires the unsafe structure to be demolished
within a stipulated time. Such notice shall require the person thus
notified to declare immediately to the Zoning Enforcement Officer
acceptance or rejection of the terms of the order.
Such notice shall be deemed properly served if a copy thereof
is delivered to the owner personally or sent by certified or registered
mail addressed to the owner at the last known address with the return
receipt requested. If the certified or registered letter is returned
showing that the letter was not delivered, a copy thereof shall be
posted in a conspicuous place in or about the structure affected by
such notice. Service of such notice in the foregoing manner upon the
owner's agent or upon the person responsible for the structure
shall constitute service of notice upon the owner.
Upon refusal or neglect of the person served with an unsafe
notice to comply with the requirements of the order to abate the unsafe
condition, the Borough Solicitor shall be advised of all the facts
in order to pursue recourse provided by law.
When, in the opinion of the Zoning Enforcement Officer, there
is imminent danger of failure or collapse of a building or structure
or any part of a structure has fallen and life is endangered by the
occupation of the building or structure, the Zoning Enforcement Officer
is hereby authorized and empowered to order and require the occupants
to vacate the same forthwith. The Zoning Enforcement Officer shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This Structure is Unsafe and its Occupancy has been Prohibited
by the Code Official." It shall be unlawful for any person to enter
such structure except for the purpose of making the required repairs
or demolishing the same.
When, in the opinion of the Zoning Enforcement Officer, there
is imminent danger due to an unsafe condition, the Zoning Enforcement
Officer shall cause the necessary work to be done to render such structure
temporarily safe, whether or not the legal procedure herein described
has been instituted.
When necessary for the public safety, the Zoning Enforcement
Officer shall temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks, streets, public
ways and places adjacent to unsafe structures, and prohibit the same
from being used.
For the purposes of this section, the Zoning Enforcement Officer
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
Costs incurred in the performance of emergency work may be paid
from the Dalton Borough Treasury. The Borough Solicitor shall then
institute appropriate action against the owner of the premises where
the unsafe structure is or was located.
Equipment deemed unsafe by the Zoning Enforcement Officer shall
not be operated after the date stated in the notice unless the required
repairs or changes have been made and the equipment has been approved,
or unless an extension of time has been secured from the Zoning Enforcement
Officer in writing.
In the case of an emergency, the Zoning Enforcement Officer
shall have the authority to seal out of service immediately any unsafe
device or equipment regulated by this chapter.
Any device or equipment sealed out of service by the Zoning
Enforcement Officer shall be plainly marked with a sign or tag indicating
the reason for such sealing. The sign or tag shall not be tampered
with, defaced or removed except by the Zoning Enforcement Officer.
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 undergo imprisonment for not more than 30 days, provided
that each violation of any provision of this chapter, and each day
the same is continued shall be deemed a separate offense.
In the event any person shall violate any provision of this
chapter, the Council of the Borough of Dalton may order the abatement
or removal of any such dangerous structure by the owner or occupant
of such grounds after 30 days' written notice to such owner. The Borough
of Dalton will assess all costs associated with the abatement or removal
of a dangerous structure against the owner and/or occupier, together
with a reasonable attorney's fees, not to exceed 15% of the costs
of removal and a penalty of 10% of such costs in the manner provided
by law for the collection of municipal claims or by action of assumpsit.
This chapter is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, known as the Borough Code, § 1005, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.