[Ord. 403, 4/13/1971, § 1]
1. All buildings or structures which have any or all of the following
defects shall be deemed "dangerous buildings":
A. 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.
B. Those which, exclusive of the foundation, show 33% or more, of damage
or deterioration of the supporting member or members, or 50% or more,
of damage or deterioration of the non-supporting enclosing or outside
walls or covering.
C. Those which have improperly distributed loads upon the floors or
roofs in which the same or overloaded, or which have insufficient
strength to be reasonably safe for the purpose used.
D. Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals, or the general health
and welfare of the occupants or the people of the Borough.
E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary
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, morals,
safety or general welfare of those living therein.
F. Those having light, air, and/or sanitation facilities which are inadequate
to protect the health, morals, safety, or general welfare of human
beings who live or may live therein.
G. Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes,
or other means of communication.
H. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
I. Those which because of their condition are unsafe, unsanitary, or
dangerous to the health, morals, safety or general welfare of the
people of this Borough.
J. Those buildings existing in violation of any provision of the Building Code of this Borough or in violation of the Fire Prevention Code, or other ordinances [Chapter
5, Part
1].
[Ord. 403, 4/13/1971, § 3]
All dangerous buildings, within the terms of §
4-201 of this Part, are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as provided in this Part.
[Ord. 403, 4/13/1971, § 2]
1. The following standards shall be followed in substance by the Building
Inspector, or assistants specially designated thereto, and the Borough
Council in ordering repair, vacation, or demolition of a dangerous
building:
A. If the building can reasonably be repaired so that it will no longer
exist in violation of the terms of this Part, it shall be ordered
repaired.
B. If the building is in such condition as to make it dangerous to the
health, morals, safety, or general welfare of its occupants, it shall
be ordered to be vacated.
C. In any case where a building is 50% damaged or decayed, or deteriorated
from its original value or structure, it shall be demolished, and
in all cases where a building cannot be repaired so that it will no
longer exist in violation of the terms of this section, it shall be
demolished. In all cases where a building is a fire hazard existing
or erected in violation of the terms of this article or any ordinance
of the Borough or statute of the state it shall be demolished.
[Ord. 403, 4/13/1971, § 4]
1. The Building Inspector, or assistants specially designated thereto,
shall:
A. Inspect or cause to be inspected semi-annually, all public buildings, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render any such place a dangerous building within the terms of §
4-201 of this Part.
B. Inspect any dwelling, buildings, wall or structure about which complaints
are filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this Part.
C. Inspect any dwelling, building, wall or structure reported, as provided
for in this Part, by the Fire or Police Departments of this Borough
as probably existing in violation of the terms of this Part.
D. Inspect annually buildings in any area of this Borough to determine whether they are dangerous buildings within the terms of §
4-201 of this Part.
E. Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building as shown by the Registrar of Deeds or the Recorder of Deeds of the County, of any building found by him to be a dangerous building within the standards set forth in §
4-201 of this Part that:
(1)
The owner must vacate, or repair, or demolish such building
in accordance with the terms of the notice and this Part.
(2)
The occupant or lessee must vacate such building or may have
it repaired in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an interest in
said building as shown by the land records of the registrar of deeds
or the recorder of deeds of the county, may at his own risk, repair,
vacate, or demolish such building or have such work or act done.
Provided, that any person notified under this paragraph to repair,
vacate or demolish any building shall be given such reasonable time,
not exceeding 30 days, as may be necessary to do, or have done, the
work or act required by the notice provided for herein.
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F. Set forth in the notice provided for in Subsection
1E of this section a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this Part within such length of time, not exceeding 30 days, as is reasonable.
G. Report to the Borough Council any noncompliance with the notice provided for in Subsection
1E and
F of this section.
H. Appear at all hearings conducted by the Borough Council, and testify
as to the condition of dangerous buildings.
I. Place a notice on all dangerous buildings, reading as follows:
"This building has been found to be a dangerous building by
the Building Inspector, or assistants, specially designated thereto.
This notice is to remain on this building until it is repaired, vacated,
or demolished in accordance with the notice which has been given the
owner, occupant, lessee, mortgagee or agent of this building, and
all other persons having an interest in said building as shown by
the land records of the Registrar of Deeds and/or the Recorder of
Deeds of the County of Allegheny. It is unlawful to remove this notice
until such notice is complied with."
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[Ord. 403, 4/13/1971, § 5]
1. The Borough Council shall, upon receipt of a report of the Building Inspector, or assistants specially designated thereto, as provided for in §
4-204, Subsection
1H, of this Part:
A. Give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in such building as shown by the land records of the Registrar of Deeds or the Recorder of Deeds of the county, to appear before the Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice, provided for herein in §
4-204, Subsection
1F, of this Part.
B. Hold a hearing and hear such testimony as the Building Inspector,
or assistants specially assigned thereto, or the owner, occupant,
mortgagee, lessee, or any other person having an interest in such
building, as shown by the land records of the Registrar of Deeds or
the Recorder of Deeds of the county, shall offer relative to the building.
C. Make written findings of fact from the testimony offered pursuant to Subsection
1B of this section as to whether or not the building in question is a "dangerous building" within the terms of §
4-201 of this Part.
D. Issue an order, based upon findings of fact made pursuant to Subsection
1C of this section, commanding the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in such building as shown by the land records of the Registrar of Deeds or the Recorder of Deeds of the County, to repair, vacate, or demolish any building found to be a dangerous building within the terms of this Part and provided that any person so notified, and having an interest in such building, as shown by the land records of the Registrar of Deeds or Recorder of Deeds of the County, may vacate, repair or demolish such dangerous building as ordered by the Council, at his own risk, to prevent the acquiring of a lien by the Borough against the land upon which such dangerous building stands as provided in Subsection
1E of this section.
E. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection
1D of this section, within 10 days, the Borough Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards provided for in §
4-203 of this Part and shall cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or to be recovered in a suit at law against the owner; provided, that, in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Borough, the Council shall notify the Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building:
F. Report to the Solicitor the names of all persons not complying with the order provided for in Subsection
1D of this section.
[Ord. 403, 4/13/1971, § 7]
1. The Solicitor shall:
A. Prosecute all persons failing to comply with the terms of the notices provided for in §
4-204, Subsection
1E and
F and the order provided for in §
4-205, Subsection
1D.
B. Appear at all hearings before the Borough Council in regard to dangerous
buildings.
C. Bring suit to collect all municipal liens, assessments, or costs
incurred by the Borough Council in repairing, or causing to be vacated
or demolished, dangerous buildings.
D. Take such other legal action as is necessary to carry out the terms
and provisions of this Part.
[Ord. 403, 4/13/1971, § 12]
All employees of the Police Department shall make a report in
writing to the Building Inspector of any buildings or structures which
are, may be, or are suspected to be dangerous buildings within the
terms of this Part. Such reports must be delivered to the Building
Inspector within 24 hours of the discovery of such buildings by any
employee of the Police Department.
[Ord. 403, 4/13/1971, § 8]
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a dangerous building, as defined in this Part, is immediately repaired, vacated, or demolished, the Building Inspector, or assistants specially designated thereto, shall report such facts to the Borough Council, and the Council shall cause the immediate repair, vacation, or demolition of such building. The cost of such emergency repair, vacation or demolition of such building shall be collected in the same manner as provided in §
4-205, Subsection
1F, of this Part.
[Ord. 403, 4/13/1971, § 9]
In cases, except emergency cases, where the owner, occupant,
lessee, or mortgagee is absent from the Borough, all notices or orders
provided for in this section, shall be sent by certified mail to the
owner, occupant, mortgagee, lessee and all other persons having an
interest in the building as shown on the land records of the Registrar
of Deeds and/or the Recorder of Deeds of the County, to the last known
address of each, and a copy of such notice shall be posted in a conspicuous
place on the building to which it relates. Such mailing and posting
shall be deemed adequate service. Where desirable, the notices and
orders provided for in this Part may be served in the same manner
as summons is served in the courts of general jurisdiction.
[Ord. 403, 4/13/1971, § 10]
No officer, agent, or employee of the Borough shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this Part. Any suit brought against any officer, agent
or employee of the Borough as a result of any act required or permitted
in the discharge of his duties under this Part shall be defended by
the Borough Solicitor until the final determination of the proceedings
therein.
[Ord. 403, 4/13/1971, § 11]
The employees of any fire company of the Borough may make a
report in writing to the Building Inspector of all buildings or structures
which are, may be, or are suspected to be dangerous buildings within
the terms of this Part. Such reports are requested to be delivered
to the Building Inspector within 24 hours of the discovery of such
buildings by any employee of a fire company.
[Ord. 403, 4/13/1971, § 6; as amended by Ord. 623,
2/14/2006]
1. The owner, occupant, or lessee in possession of any building who
shall fail to comply with any notice or order to repair, vacate or
demolish any dangerous building, as defined in this Part, given by
any person authorized by this Part to give such notice or order, or
who violates any of the provisions of this Part, or any regulation
issued thereunder, shall upon conviction thereof, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.
2. Any person removing the notice provided for in §
4-204, Subsection
1I, shall, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
3. The provisions for penalties contained in this section are in addition
to any other remedies provided by this Part.