[Ord. 891, 1/17/2012,
§ 1]
As used in this Part, the following terms shall have the meanings
indicated:
A structure used or intended to be used as a dwelling or
as a place of business or industry, but shall not include any accessory
building located upon a lot where there is also a main building unless
that accessory building can be used as a dwelling or place of business
or industry.
[Ord. 891, 1/17/2012,
§ 1]
1.
For numbering purposes, all lots of ground lying between principal
streets and fronting upon any street in the Borough of Huntingdon
will following the Huntingdon Borough "Century System" which provides
for 100 addresses per block. All numbering will conform with National
Emergency Numbering Association (NENA) Standards.
2.
For all streets running parallel to the Juniata River numbers shall
start at the southeastern most Borough line at Penn Street and increase
west and north. The numbering starts at 0 at the Borough line to Stone
Creek Ridge Road with the 100 block from Stone Creek Ridge Road to
Second Street and progresses 100 addresses per block in a northwesterly
direction. Odd numbers shall be on the right side of the street in
the direction of increasing numbers and even numbers shall be on the
left.
3.
For all streets running perpendicular to the Juniata River the initial
point of numbering shall be the River: 100 shall commence at Allegheny
Street; 200 at Penn Street; 300 at Washington Street; 400 at Mifflin
Street; 500 at Church Street; 600 at Moore Street; and 700 at Oneida
Street. Odd numbers shall be on the right side of the street in the
direction of increasing numbers and even numbers shall be on the left.
Streets on the opposite side of the Juniata River shall contain a
"South" prefix.
4.
The Huntingdon County Mapping Department shall assign numbers to
all buildings in conformity with these provisions. The Mapping Department
will notify in writing both the property owner and the Borough of
the assigned address. Naming of new streets shall require the concurrence
by the Borough.
[Ord. 891, 1/17/2012,
§ 1]
Upon all streets now or hereafter located outside of the central and downtown portion of the Borough referred to in § 4-102 of this Part and on all streets in any way not conforming to the prevalent pattern of street arrangements in the Borough, numbers shall be assigned by the Huntingdon County Mapping Department at approximately twenty-foot intervals, as closely as possible to the numbers used upon neighboring streets running in a parallel direction or, if the latter is not practicable, in the manner that the Mapping Department considers will provide the most logical means of locating the property.
[Ord. 891, 1/17/2012,
§ 1]
1.
It shall be the responsibility of each and every property owner,
trustee, lessee, agent and occupant of each residence, apartment building,
business or industry, to purchase, post and maintain address numbers
as required under this Part at all times. It shall be the duty of
the above mentioned, upon affixing a new address number, to remove
any conflicting number.
2.
It shall be unlawful to cover any address number with any sign, drapery,
or other obstruction tending to conceal such number.
[Ord. 891, 1/17/2012,
§ 1]
1.
Residences, Townhouses and "In-Town" Businesses. It shall be the
duty of each and every property owner, trustee, lessee, agent and
occupant of each residence, apartment building or "in-town" business
to display the assigned address number according to the guidelines
set forth herein. The address number shall be made up of numbers and/or
letters which are not less than three inches in height, contrasting
in color with the background on which they are affixed, as near to
the front entrance as possible and practical, so that the number is
legible during the day or during the night from the sidewalk (if any),
the road and the opposite side of the street.
2.
Private Lane and Long Driveways.
A.
If any residence, apartment building or business (except malls or
shopping centers) is located so that the address number is not clearly
visible from the street, an additional address number shall be posted
at the intersection of the driveway with the public street. The additional
address number shall be made up of numbers and/or letters which are
not less than three inches in height, contrasting in color with the
background on which they are affixed, visible during the day or during
the night, and placed upon a post or other structure which displays
the number at least 48 inches above the ground.
B.
There shall also be address numbers on the front facade of the building.
The property owner is responsible for the installation of these additional
sets of address identifiers.
3.
Industrial and Commercial Structures in Low Density Areas. All industrial
and commercial structures located in low density development areas,
(areas in which small residential style address numbers are not visible
from the road), shall display address numbers of not less than 10
inches in height. The number shall contrast in color with the background
on which it is affixed and shall be visible during the day or during
the night, from the street. When possible, the number shall be displayed
beside or over the main entrance of the structure.
4.
Apartment Buildings and Highrises.
A.
All apartment buildings and highrises shall display address numbers
above or to the side of the primary entrance to the building. Address
numbers shall contrast with the color of the background to which they
are affixed, and shall be of an appropriate size to be visible during
the day or during the night from the opposite side of the street facing
the main entrance.
B.
Apartment numbers for individual units within the complex shall be
displayed above or to the side of the doorway of each unit.
[Ord. 891, 1/17/2012,
§ 1]
Whenever a building shall hereafter be erected in the Borough,
the owner thereof shall submit a Request for a New Address application
with the appropriate fee to the Huntingdon County Mapping Department.
The fee shall be established, from time to time, by resolution of
Borough Council. Upon receipt of a completed application, the Mapping
Department will physically locate the proposed building site and generate
the official address. The number shall be assigned by the Mapping
Department in conformity with the requirements set forth in this Part
for existing buildings and the Mapping Department will notify in writing
both the property owner and the Borough of the assigned address. Prior
to occupying the building, the owner of said building shall affix
the number, in the manner required by this Part for existing buildings,
and shall thereafter maintain such numbers as hereby required for
the numbers of existing buildings.
[Ord. 891, 1/17/2012,
§ 1]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to 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, or each section of this
Part which shall be found to have been violated, shall constitute
a separate offense.
[Ord. 830, 6/21/2005,
§ 1.02]
1.
The purposes of this Part include, but are not limited to:
A.
Provide for the identification of structures or parts of structures
within the Borough which, by virtue of their condition, are considered
to be dangerous to the public health, safety and welfare.
B.
Prevent dangerous structures from further deterioration.
C.
Provide an orderly process according to law by which dangerous structures
may be repaired, removed, demolished, and/or vacated.
D.
Provide a procedure through which the repair, removal, demolition
or vacation of a dangerous structure is accomplished by the Borough
with regard to the rights under the United States and Pennsylvania
Constitution of any person, entity, etc., occupying, owning, or having
any property interest in either the dangerous structure itself or
the real property upon which the dangerous structure is located.
E.
Promote and protect the health, safety and general welfare of residents
of the Borough of Huntingdon and the public generally.
[Ord. 830, 6/21/2005,
§ 1.03]
Unless otherwise expressly stated, the following words used
in this Part 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:
The Borough of Huntingdon, Huntingdon County, Pennsylvania.
The duly elected Council of the Borough of Huntingdon, Huntingdon
County, Pennsylvania.
Any structure having a roof, self-supported or supported
by walls, columns or air pressure, which is fixed to the ground, whether
permanently or otherwise, used or occupied or intended to be used
or occupied for the shelter, housing, storage or enclosure of any
individual, animal, process, equipment, goods or materials of any
kind or nature.
Any building, structure or parcel of land, including, without
limitation, single-family or multifamily residential or commercial,
whether occupied or vacant. A dangerous structure is:
[Amended by Ord. 929, 11/17/2015]
Any premises which, because of physical condition or use, is
regarded as a public nuisance at common law or has been declared a
public nuisance in accordance with the local housing, building, plumbing,
fire and related codes.
Any premises which, because of physical condition, use or occupancy,
is considered an attractive nuisance to children, including, but not
limited to, abandoned wells, shafts, basements, excavations, and unsafe
fences or structures.
Any dwelling which, because it is dilapidated, unsanitary, unsafe,
vermin-infested or lacking in the facilities and equipment required
by the housing or building code of the Borough, has been designated
by the Borough officer or employee responsible for enforcement of
the code as unfit for human habitation.
Any structure which is a fire hazard or is otherwise dangerous
to the safety of persons or property.
Any structure from which utilities, plumbing, heating, sewerage
or other facilities have been disconnected, destroyed, removed, or
rendered ineffective so that the property is unfit for its intended
use.
Any vacant or unimproved lot or parcel of ground in a predominantly
built-up neighborhood which, by reason of neglect or lack of maintenance,
has become a place for accumulation of trash and debris or a haven
for rodents or other vermin.
Any unoccupied property which has been tax-delinquent for a
period of two years prior to the effective date of this definition,
and those in the future having a two-year tax delinquency.
Any property which is vacant, but not tax-delinquent, which
has not been rehabilitated within one year of the receipt of notice
to rehabilitate from the appropriate code enforcement agency.
Any abandoned property. A property shall be considered abandoned
if:
It is a vacant or unimproved lot or parcel of ground on which
a municipal lien for the cost of demolition of any structure located
on the property remains unpaid for a period of six months.
It is a vacant property or vacant or unimproved lot or parcel
of ground on which the total of municipal liens on the property for
tax or any other type of claim of the Borough are in excess of 150%
of the fair market value of the property as established by anybody
with legal authority to determine the taxable value of the property.
The property has been declared abandoned by the owner, including
an estate that is in possession of the property.
A property which has defective or unusual conditions of title
or no known owners, rendering title unmarketable.
A property which has environmentally hazardous conditions, solid
waste pollution or contamination in a building or on the land which
poses a direct and immediate threat to the health, safety and welfare
of the Borough.
A property having three or more of the following characteristics:
Has unsafe or hazardous conditions that do not meet current
use, occupancy or fire codes;
Has unsafe external and internal accessways;
Is being served by an unsafe public street or right-of-way;
Violates the applicable property maintenance code adopted by
the Borough and is an immediate threat to public health and safety;
Is vacant without being properly maintained.
A property that is not being adequately maintained and is visible
from either the street or from an adjacent property. The following
factors shall be considered in determining whether it is not being
adequately maintained:
Multiple missing, broken or boarded windows or doors.
Collapsing, seriously damaged, or missing walls, roof, siding
or other exterior features, including, but not necessarily limited
to, stairs, porches, railings, hatchways, chimneys or floors.
Persistent accumulation of excessive amounts of garbage or trash
on the premises.
Chronically neglected and/or inoperable motor vehicles, camper
trailers, or boats being stored on the premises, unless garaged, for
a period of time in excess of 60 days. This restriction shall not
apply to off-season storage of recreational vehicles and boats.
Outside storage, for a period of time in excess of 60 days,
of material or equipment which is incapable of performing the function
for which it is designed, including, but not limited to, parts of
automobiles, furniture, appliances, cans, boxes, scrap metal, tires,
batteries, containers, etc.
Rodent harborage and/or infestation.
Chronically overgrown grass, weeds, or similar vegetation that
is allowed to reach and remain at a height of eight inches or greater
and refusal of the owner to remediate the problem.
Commercial parking areas left in a state of disrepair or abandoned.
Any man-made object that has an ascertainable stationary
location on or in land or water, whether or not affixed to the land;
all buildings and other improvements to real property are hereby declared
to be structures for purposes of this Part.
[Ord. 830, 6/21/2005,
§ 1.04]
All "dangerous structures" as defined by this Part are hereby
declared by the Huntingdon Borough Council to be public nuisances
and shall be repaired, removed, demolished or vacated in accordance
with this Part.
[Ord. 830, 6/21/2005,
§ 1.05]
1.
Whenever it shall be reported to or come to the attention of any
Borough Councilperson or any Borough officer (as defined by the Borough
Code), the Borough Engineer, the Borough Solicitor, Fire Chief, any
member of any Fire Company (whether in the Borough or otherwise) or
any Borough police officer that any structure - whether complete or
in the process of construction - or any portion of such structure
is in a dangerous condition, that person shall provide written notification
to the Borough Council of the dangerous condition; this written notification
shall briefly describe the structure, the dangerous condition, and
the postal address of the property on which such structure is located.
2.
Upon receipt of the written notification, the Borough Council whether
in executive or regular Session, may order an investigation, examination
and report to be made of the subject structure; the investigation
required by this section shall be undertaken by any one or more of
the following individuals:
3.
The investigation report ordered by the Borough Council pursuant to Subsection 2 shall be in writing and shall contain sufficient information to permit the Borough Council to determine whether the structure which is in the subject of the investigation is in a dangerous condition as defined by this Part and shall:
[Ord. 830, 6/21/2005,
§ 1.06; as amended by Ord. 858, 3/17/2009]
3.
For purposes of determining the owner of record of any property subject
to the provisions of this Part, the Borough Council shall secure from
the Office of the Recorder of Deeds of Huntingdon County, Pennsylvania,
or any title or abstract company authorized to do business in Pennsylvania,
a copy of any deed or other indenture for the subject property and
shall ascertain the existence of any mortgagee from the office of
the Recorder of Deeds or the title or abstract company.
4.
Service of the notice shall be made by any form of mail requiring a receipt signed by any person identified in Subsection 2 above or that person's authorized agent. Service shall be complete upon delivery of the mail. If the mail is returned with the notation by the U.S. Postal authorities that the addressee refused to accept the mail, the Borough Council shall have the right of service by mailing a copy of the notice to the person at the same address by regular mail, postage prepaid, with the return address of the Borough appearing thereon. Service by ordinary mail shall be considered complete if the mail is not returned to the Borough within 15 days after mailing.
5.
In addition to the requirement pertaining to mailing of the notice,
the notice may be personally served upon any adult occupant of the
dangerous structure.
7.
The notice required by Subsection 1 shall be substantially in the following form:
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NOTICE
|
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To the owners, occupiers, and all other persons having an interest
in this property:
|
|
The structure or a portion of it on this property has been determined
to be dangerous by the Borough Council of Huntingdon, Huntingdon County,
Pennsylvania. The Huntingdon Borough Council will hold a hearing to
determine whether this structure should be vacated and/or repaired
and/or removed and/or demolished.
|
|
The hearing to be held by the Huntingdon Borough Council will
be held at_____ p.m., prevailing time, on__________, __________, __________,
20 _____, at the Huntingdon Borough Municipal Building. The hearing
will be held in accordance with the provisions of the Pennsylvania
Local Agency Law, the Act of April 28, 1978, P.L. 202, 2 Pa.C.S.A.
551 et seq., as amended.
|
|
You may be represented by legal counsel at this hearing. You
should take this notice to your lawyer at once. If you do not have
a lawyer or cannot afford one, go to or telephone the office set forth
below to find out where you can get legal help.
|
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Lawyer Referral Service
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Huntingdon County Bar Association
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Court Administrator
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Huntingdon County Courthouse
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Huntingdon, PA 16652
|
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(814) 643-5078
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or
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Pennsylvania Lawyer Referral Service
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(800) 692-7375
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[Ord. 830, 6/21/2005,
§ 1.07]
2.
The hearing to be held by the Borough Council, and any adjudication
rendered by the Borough Council pursuant thereto, shall be held in
accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 551 et seq., as amended.
3.
At the conclusion of the last hearing required by this Part, the
Borough Council shall issue an adjudication. The adjudication shall
be in writing, shall contain findings of fact, reasons for the adjudication,
conclusions of law, and an order.
4.
The adjudication and order required by Subsection 3 shall be rendered by the Borough Council within 60 days after the close of the record, but this time may be extended by any party with the consent of the Borough Council.
5.
The adjudication and order of the Borough Council shall be served
upon all parties or their attorney of record by first class regular
mail, postage prepaid.
6.
Any order issued as part of the adjudication above may contain provisions
requiring the subject structure or any portion thereof to be repaired,
removed, demolished, or vacated, or may contain such other directive
as the Borough Council shall deem appropriate in order to protect
the public health, safety and welfare.
7.
Any appeal of the adjudication and order issued by the Borough Council
shall be filed with the Court of Common Pleas of Huntingdon County
within 30 days after the date of any such adjudication and order.
[Ord. 830, 6/21/2005,
§ 1.08]
1.
The Borough Council, in preparing the order accompanying the adjudication,
shall consider whether:
A.
The evidence presented during the hearing is sufficient to permit
the Borough. Council to conclude that the dangerous structure can
be repaired so that it will no longer be in violation of the provisions
of this Part, so that the Council may order the dangerous structure
to be repaired; or,
B.
The evidence presented during the hearing is sufficient to permit
the Borough Council to conclude that the dangerous structure or any
portion thereof is in such a condition that it is dangerous to the
health, safety, or general welfare of the occupant or occupants thereof,
so that the Council may order that the dangerous structure to be vacated
immediately; or,
C.
The evidence presented during the hearing is sufficient to permit
the Borough Council to conclude that the dangerous structure cannot
be reasonably repaired, so that the Borough Council may order the
dangerous structure to be demolished.
[Ord. 830, 6/21/2005,
§ 1.09]
1.
When an adjudication and order become final, and if no appeal to
the Court of Common Pleas of Huntingdon County or other appellate
court is then pending, and the owner, occupant, mortgage, lessee,
or other person or entity having any interest of any nature in a dangerous
structure fails to comply with the order issued by the Borough Council,
or any provision thereof, Council shall be and is hereby empowered
to cause such structure or portion thereof to be repaired, removed,
demolished or vacated and all costs (including attorney's fees)
and expenses of any such repair, removal, demolition or vacation (together
with an administrative charge of 10%) may be charged against the real
property on which the structure is situate as a municipal lien or
municipal claim.
2.
In addition to the right of the Borough to recover all costs and expenses by means of a municipal lien or municipal claim pursuant to Subsection 1, the Borough shall have the ability to recover such costs in an action at law or in equity against any and all persons or entities identified in § 4-205, Subsection 2, it being the specific intent of the Borough Council that the provisions of this section shall be in addition to the rights of the Borough set forth in Subsection 1.
[Ord. 830, 6/21/2005,
§ 1.11]
1.
In any case where it reasonably appears to the Borough Council that
there exists an immediate danger to the life, safety or health of
any person by virtue of the existence of a "dangerous structure" or
any portion thereof as defined in this Part, the Council may - but
need not be obligated to - cause immediate repair, removal, demolition
or vacation of any dangerous structure.
[Ord. 830, 6/21/2005,
§ 1.10; as amended by Ord. 858, 3/17/2009]
In addition to any other provision of this Part, any persons or entity who or which shall fail to comply with the order issued by the Borough Council pursuant to § 4-206 shall be subject to proceedings before a magisterial district judge and, upon a determination of that person or entity's failure to comply with the order shall be subject to a civil penalty not exceeding $1,000, together with costs, including attorney's fees.
