[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown 8-28-2001 by Ord. No.
468. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 90.
Numbering of buildings — See Ch. 93.
Inspections — See Ch. 114.
Mosquito control — See Ch. 131.
Nuisances — See Ch. 136.
Rental properties — See Ch. 151.
Solid waste — See Ch. 164.
Stormwater management — See Ch. 173.
Streets and sidewalks — See Ch. 178.
Zoning — See Ch. 224.
A.
ACCESSORY STRUCTURE
BUILDING
CODES ENFORCEMENT OFFICER
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PLUMBING
PREMISES
PROPERTY
PUBLIC ACCESS AREA
REST ROOMS
RUBBISH
STRUCTURE
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WEATHERING
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
An independent structure having a roof supported by columns
or walls resting on its foundations and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
The individual or entity authorized by Dallastown Borough
Council to inspect properties and any other duties set forth in this
chapter.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
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.
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 fail 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, otherwise
dangerous to the health or safety of the occupants or the public.
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, sleeping, cooking, and eating by human
occupants.
The 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; by poisoning, spraying, fumigating,
or trapping; or by any other recognized and legal pest elimination
methods approved by the local or state authority having such administrative
authority.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
The presence within or around a dwelling of any insects,
rodents or other pests.
Person who, alone or jointly or severally with others:
Shall have legal title to any real estate subject to this chapter,
with or without accompanying actual possession thereof; or,
Shall have charge, care or control of any real estate or improvement
thereon which is subject to this chapter, 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 to comply with the provisions of this
chapter 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 other legal entity.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
incinerators, waste pipes, water closets, sinks, dishwashers, lavatories,
bathtub, shower baths, shower stalls, clothes-washing machines, catch
basins, drains, vents and any other similar supplies and fixtures,
together with all connections to water, sewer or gas lines and water
pipes and lines, including those utilized in conjunction with air-conditioning
equipment.
A lot, plot or parcel of land, together with any improvements
thereon erected.
A piece, parcel, lot or tract of land.
A six-foot wide strip of land extending onto any lot from
the rear of the curb of any public street or edge of roadway.
An enclosed space containing one or more toilets and one
or more lavatories or fixtures serving similar purposes.
Nonputrescible solid wastes (excluding ashes) consisting
of either:
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.
The supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors or stacks with or without wind-driven devices.
Deterioration, decay or damage caused by exposure to climatic
elements.
B.
Whenever the words "dwelling," "dwelling unit" or "premises" are
used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."
A.
Owner and operator. Owners and operators shall have all the duties
and responsibilities as prescribed in this chapter and the regulations
promulgated pursuant thereto, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge of violation on the basis that the occupant is also responsible
therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed in this chapter and all the regulations promulgated
pursuant thereto, and the occupant shall not be relieved from any
such duty and responsibility nor be entitled to defend against any
charge of violation thereof by reason of the fact that the owner or
operator is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibility. Unless expressly provided to
the contrary in this chapter, the respective obligations and responsibilities
of the owner and operator as distinguished from the occupant shall
not be altered or affected by any agreement or contract between any
of the aforesaid or between them and other parties.
A.
Maintenance of exterior of all premises, residential or nonresidential,
free of hazards and unsanitary conditions.
(1)
The exterior of the premises and all structures thereon shall be
kept free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises and free of unsanitary
or noxious conditions. Any of the foregoing shall be promptly removed
and abated by the owner, operator or occupant. It shall be the duty
of the owner, operator or occupant to keep the premises free of hazards
which shall include, but are not limited to, the following:
(a)
Refuse, including brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, animal excretion, trash, garbage, rubbish and debris. All such material shall be enclosed or screened and periodically removed. The owner, operator or occupant shall also comply with all terms and provisions of the Dallastown Borough Refuse Ordinance as set forth in Article II of Chapter 164 of the Code of the Borough of Dallastown, and any amendment thereto.
(b)
Natural growth, including dead and dying trees and limbs or
other natural growth which, by reason of rotting or deterioration
or storm damage, constitute a hazard to all persons in the vicinity
thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
This provision shall be applicable to trees planted in the sidewalk
area.
(c)
Overhanging matter, including loose and overhanging objects
and accumulations of ice and snow, which, by reason of location and
height above ground level, constitute a danger of falling on persons
below in the vicinity thereof.
(d)
Ground surface hazards or unsanitary conditions, including holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow and excretion of pets or other animals on paths, walks, curbs,
driveways, parking lots and parking areas and other parts of the premises
which are accessible to and used by persons on the premises. All such
holes and excavations shall be filled and repaired, walks, sidewalks,
curbs and steps replaced, and other conditions removed when necessary
to eliminate hazards or unsanitary conditions. Performance is to be
made with reasonable dispatch upon discovery.
(e)
Recurring excessive accumulations of stormwater. All lots shall
be graded so as to prevent puddling. Adequate runoff drains shall
be provided and maintained in a manner which shall eliminate recurrent
or excessive accumulations of stormwater. The drainage of water from
downspouts or air-conditioning condenser units shall be directed so
as not to create damage or hazard to neighboring property or sidewalk
areas or shall be discharged into underground drains.
(f)
Unsound foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing safely
imposed loads.
(g)
Unsound chimneys and all flue and vent attachments thereto.
Chimneys and all flue and vent attachments thereto shall be maintained
in a manner structurally sound and free from defects in order to capably
perform at all times functions for which they were designed. Chimneys,
flues, gas vents and other draft-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment,
be structurally safe, durable, smoke-tight and capable of withstanding
the temperature and action of flue gases.
(2)
All new exterior porches, landings, balconies, stairs and fire escapes
shall be provided with railing properly designed and maintained to
minimize the hazard of falling, and the same, and all existing railings
on exterior porches, landings, balconied stairs and fire escapes,
shall be kept structurally sound, in good repair and free from defects.
B.
Appearance of exterior premises and structure.
(1)
Residential. The exterior of the premises, the exterior of the dwelling
structures, and the condition of accessory structures shall be maintained
so that the appearance of the premises and all buildings thereon shall
reflect a level of maintenance in keeping with the residential standards
of the neighborhood or such higher standards as may be established
by this chapter and the regulations promulgated pursuant to this chapter.
The appearance of the premises and structures shall be so maintained
that they do not constitute a blighting factor for adjoining property
owners nor an element leading to the progressive deterioration and
downgrading of the neighborhood with the accompanying diminution of
property values. Such minimum standards shall include, but not be
limited to, the following:
(a)
Storage of commercial and industrial material, equipment and
material relating to commercial or industrial uses shall be stored
or used at a location visible from the sidewalk, street, other public
areas or adjoining properties.
(b)
Landscaping. All portions of a property not covered by buildings
or paving materials shall be covered with a vegetative surface. Vegetative
surface may be herbaceous or woody-type plant materials and includes,
but shall not be limited to, lawns, ground covers, flower beds, trees,
shrubs, bushes, and hedges. All vegetation shall be mowed, trimmed,
clipped, pruned or otherwise controlled as necessary to prevent it
from becoming a nuisance. Vegetation will be considered a nuisance
if any of the following conditions are not met:
[1]
All trees within, overhanging or encroaching onto any public
right-of-way, sidewalk or public access area shall be pruned to remove
any branches or foliage from the ground level to a height of at least
six feet.
[2]
Woody vegetation, such as trees, shrubs, bushes, and hedges,
shall not be installed within any easement or right-of-way or over
any underground utility line, utility lateral, service line, storm
sewer, sanitary sewer or any public facility or main.
[3]
Any new tree or shrub planted under existing overhead utility
lines shall be of a species or variety that will not reach a height
that would conflict with the utility lines.
[4]
All existing trees or shrubs planted under existing overhead
utility lines and individual service lines as of the effective date
of this chapter shall be pruned as necessary to prevent any branches
or foliage from touching or otherwise conflicting with the overhead
utility line.
[5]
Entire trees or individual branches of any tree that have been
weakened by disease, physical damage, insect infestation or any other
natural or man-made cause to the point that, in the opinion of the
Borough Codes Enforcement Officer, the tree or tree limbs pose a threat
to public safety shall be removed promptly.
[6]
All shrubs, bushes, hedges, ground covers and herbaceous vegetation
shall be trimmed or pruned as necessary to prevent encroachment onto
any public right-of-way, sidewalk or public access areas.
[7]
All vegetation, including woody and herbaceous ground covers,
shall be maintained to prevent bedding or harboring of rodents.
(c)
Signs. All signs permitted by reason of other regulations, or as a lawful nonconforming use under the provisions of Ch. 224, Zoning, shall be maintained in good repair. Printed matter, pictures or illustrations constituting in all or in part a sign, when no longer in use, shall be completely removed.
(d)
Reconstruction of walls and siding. All reconstruction of walls
and siding shall be accepted standard quality. Materials used shall
not be of a type that by their appearance and under prevailing appraisal
practices and standards will depreciate the values of neighboring
and adjoining premises.
(e)
General maintenance. The exterior of every structure or accessory
structure (including fences) shall be maintained in good repair, and
all surfaces thereof shall be kept painted or otherwise treated when
necessary for purposes of preservation and appearance. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint or other conditions reflective of
deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties and the neighborhood protected from blighting influences.
(f)
All auxiliary structures in residential areas shall be securely
affixed and anchored to a foundation that would prevent said buildings
from being blown from their location by high winds and moved or removed
by vandals.
(2)
Nonresidential. The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and structures shall not constitute a blighting factor
for adjoining property owners or an element leading to progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values. Such minimum standards shall include,
but not be limited to, the following:
(a)
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly;
and the same, unless trimmed and maintained, shall be deemed to constitute
a blighting factor depreciating adjoining property.
(b)
Signs and billboards. All permanent signs and billboards exposed
to public view, permitted by reason of other regulations or a lawful
nonconforming use, shall be maintained in good repair. Any signs which
have excessively weathered or faced or those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed forthwith or put into a state of good repair. All nonoperative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
(c)
Building fronts. All building fronts shall be kept in good repair,
painted where required, and maintained in a manner not constituting
a safety hazard or nuisance. In the event repairs to a building front
become necessary, such repairs shall be made with the same or similar
materials used in the constructing of the building front, intended
to permanently repair the damaged area or areas. Any cornice visible
above a building front shall be kept painted, where required, and
in good repair.
(d)
Advertising signs or material removal. Except for "For Rent"
signs or "Invalid Occupant" signs, any temporary advertising sign
or other paper advertising material, glued or otherwise attached to
a window or windows or otherwise exposed to public view, shall be
removed at the expiration of the event or sale for which it is erected,
or within 60 days after erection, whichever shall first occur, except
yard sale signs which shall be removed within 24 hours after the end
of the sale advertised on such sign.
(e)
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and in
a manner which shall not constitute a nuisance or safety hazard. In
the event such awnings or marquees are not properly maintained in
accordance with the foregoing, they shall, together with their supporting
members, be removed forthwith. In the event the awnings or marquees
are made of cloth or plastic or of similar materials, said cloth,
plastic or other material, where exposed to public view, shall be
maintained in good condition and shall not show evidence of excessive
weathering, discoloration, ripping, tearing, or other holes. Nothing
herein shall be construed to authorize any encroachment on streets,
sidewalks or other parts of the public domain.
(f)
Reconstruction of walls and siding. All reconstruction of walls
and siding shall be of accepted standard quality. Materials shall
not be of a type that, by their appearance and under prevailing appraisal
practices and standards, will depreciate the values of neighboring
and adjoining premises.
(g)
General maintenance. The exterior of every structure or accessory
structure (including fences) shall be maintained in good repair, and
all surfaces thereof shall be kept painted or otherwise treated when
necessary for purposes of preservation and appearance. The same shall
be maintained free of broken glass, loose shingles, crumbling stone
or brick, excessive peeling paint, or other conditions reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties and the neighborhood protected from blighting influences.
C.
Structural soundness and general exterior maintenance.
(1)
Residential. Every dwelling and accessory structure and every part
thereof shall be kept structurally sound and in good repair to avoid
safety, health or fire hazards including, but not limited to, the
following:
(a)
Exterior walls, siding and roofs. Exterior walls, siding and
roofs shall be kept structurally sound and in good repair and free
from defects.
(b)
Painting and other protective coating. All exposed surfaces
susceptible to decay shall be kept at all times painted or otherwise
provided with a protective coating sufficient to prevent deterioration.
(c)
Weather and watertightness. Every dwelling shall be maintained
so as to be weather- and watertight. Damaged materials must be repaired
or replaced promptly. Places showing signs of rot, leakage, deterioration
or corrosion are to be restored and protected against weathering or
seepage.
(2)
Nonresidential. The exterior of every structure or accessory structure
(including fences, signs and store fronts) shall be maintained in
good repair. All surfaces thereof shall be painted or otherwise treated
where necessary for the purpose of preservation and appearance. All
surfaces shall be maintained free of broken glass, loose shingles,
crumbling stone or brick, excessive peeling paint, or any other condition
indicating deterioration or inadequate maintenance. Such maintenance
is to be conducted in a manner that shall preserve the property itself,
eliminate or minimize safety and fire hazards to the property and
adjoining properties and eliminate or retard blighting influences
in the neighborhood.
(3)
Reconstruction of walls and siding, all areas. All reconstruction
of walls and siding shall be of accepted standard quality. The materials
used shall not be of a type that, by its appearance, under prevailing
appraisal practices and standards, will depreciate the value of neighboring
and adjoining premises.
(4)
Basements and cellars, all areas. Basements, cellars and crawl spaces
are to be free of moisture resulting from seepage; and cross ventilation
shall be required when necessary to prevent accumulation of moisture.
(5)
Freedom from infestation, all areas. All parts of the premises shall
be maintained in a manner which shall prevent infestation by insects,
vermin and rodents.
(6)
General sanitation and safety of premises. All parts of the premises
shall be kept in a clean and sanitary condition, free of nuisances
and free from hazards to health, safety and fire, including, but not
limited to, the following:
(a)
Freedom from accumulations and obstructions. No accumulation
or obstruction from garbage, refuse or rubbish, including, but not
limited to, refrigerators, appliances, tires, used furniture, etc.,
shall be permitted on or in any premises, except that garbage placed
in proper containers may be set out for removal, in accordance with
the ordinances of the Borough relating to garbage collections.[2]
(b)
Floors, interior walls and ceilings. Floors, interior walls
and ceilings of every structure shall be structurally sound and maintained
in a clean and sanitary condition.
(c)
Floors, generally. Floors shall be considered to be structurally
sound when capable of safely bearing imposed loads for which the structure
is intended to be used, and shall be maintained at all times in a
smooth, clean condition, free from cracks, breaks and other hazards.
(d)
Junkyards. No junkyards shall be maintained on any premises
except in full compliance with this and all other applicable ordinances
of Dallastown Borough.
This chapter shall be applicable to all buildings, every residential
and nonresidential building, and the premises on which it is situated
in Dallastown Borough, used or intended to be used for dwelling, commercial
or business or industrial occupancy. Owners, operators and occupants
shall comply with the provisions of this chapter whether or not such
building shall have been constructed, altered or repaired before or
after the enactment of this chapter and irrespective of any permits
or licenses which shall have been issued for the use or occupancy
of the building or for the installation or repair of equipment or
facilities prior to the effective date of this chapter. This chapter
establishes minimum standards for the initial and continued use and
occupancy of all such buildings and premises and does not replace
or modify standards otherwise established for construction, repair,
alteration or use of the building, equipment or facilities contained
therein or of the premises.
In the event the provisions of this chapter pose a higher standard
than set forth in any other ordinances of Dallastown Borough or any
of the laws of the Commonwealth of Pennsylvania, the standards set
forth herein shall prevail; but if the provisions of this chapter
impose a lower standard than any other ordinance of Dallastown Borough
or any of the laws of the Commonwealth of Pennsylvania, the higher
standards contained in any such ordinance or law shall prevail.
A.
Dangerous buildings declared nuisances. All dangerous buildings within the terms of § 149-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
B.
Standards for repair, vacation or demolition. The following standards
shall be followed in substance by the Codes Enforcement Officer of
the Borough of Dallastown in ordering repair, vacation or demolition.
(1)
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
(2)
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.
(3)
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 Codes
Enforcement Officer. The Codes Enforcement Officer shall remove such
placard whenever the defect or defects upon which the placarding action
were based have been eliminated.
(4)
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
chapter; or, if a dangerous building is a fire hazard existing or
erected in violation of the terms of this chapter or any ordinance
of the Borough of Dallastown or statute of the Commonwealth of Pennsylvania,
it shall be ordered to be demolished, provided that the cost of repairs
to rectify or remove the conditions constituting the nuisance exceed
50% of the market value of the building at the time demolition is
proposed.
C.
Any excavation to be refilled. After removal of said building or
structure, any excavation thereunder shall be refilled with earth
or other suitable material to former ground level.
A.
The Codes Enforcement Officer 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 § 149-1 above.
B.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Codes Enforcement Officer or the
Borough Manager shall issue a written notice thereof to the person
or persons responsible therefor. The notice:
(1)
Shall be in writing.
(2)
Shall include a statement of the reasons it is being issued.
(3)
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure.
(4)
Shall be served upon the owner, or his agent, or the occupant, as
the case may require.
(a)
Except in emergency cases and where the owner, occupant, lessee
or mortgagee is absent from the Borough of Dallastown, all notices
shall be deemed to be properly served upon the owner, occupant or
other person having an interest in the dangerous building if a copy
thereof is served upon such person personally, or if a copy thereof
is posted in a conspicuous place in or about the structure affected
by the notice; or if he is served with such notice by any other method
authorized or required under the laws of the Commonwealth.
(b)
Except in emergency cases, in all other cases where the owner,
occupant, lessee or mortgagee is absent from the Borough of Dallastown,
all notices or orders provided for herein shall be sent by registered
mail to the owner, occupant and all other persons having an interest
in said building, as shown by the records of the York County Recorder
of Deeds, to the last known address of each, 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 be deemed adequate
service.
(5)
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
C.
In the event the Codes Enforcement Officer determines that any property
subject to this chapter fails to meet the requirements set forth herein
or in applicable rules and regulations issued pursuant hereto, such
Officer or the Borough Manager shall issue a notice setting forth
the alleged failures and advising the owner or occupant that such
failures must be corrected. This notice shall:
(1)
Be in writing.
(2)
Set forth the alleged violations of this chapter or of applicable
rules and regulations issued pursuant thereto.
(3)
Provide a reasonable time for the correction of any violation alleged.
The time for compliance shall take into consideration the seriousness
of the violation and the climatic conditions. The Codes Enforcement
Officer or the Borough Manager may, in his or her sole and absolute
discretion, give one additional extension of time, provided that the
property owner is exercising due diligence and the inability to make
the correction is through no fault of the property owner.
(4)
Service of such notice shall be served in accordance with the provisions
previously set forth in this section.
D.
The Borough Inspection Officer shall appear at all hearings conducted
by the Building Appeals Board, and testify to the condition of properties
found to be in violation or found to be a nuisance.
Any owner or occupant who has received notice of a violation
of this chapter or of the existence of a nuisance and fails to rectify
the conditions constituting the nuisance or to remove and demolish
the offending dwelling, building or structure shall, upon conviction
thereof, be sentenced to pay a fine of not less than $50 nor more
than $1,000 together with the costs of prosecution and, in default
thereof, be sentenced to imprisonment in the York County Prison for
a period of not more than 30 days. Each day of continued violation
shall constitute a separate offense.
If the owner, occupant, mortgagee or lessee fails to comply
with the order of the Codes Enforcement Officer or the Borough Manager
within the time specified in the notice issued by such person and
no petition for a hearing is filed within 10 days thereafter, or following
a hearing by the Borough of Dallastown the order is sustained thereby,
the Codes Enforcement Officer or the Borough Manager shall cause such
building or structure to be repaired, vacated or demolished as determined
by the Borough of Dallastown in accordance with the standards hereinbefore
provided. The Borough of Dallastown may collect the cost of such repair,
vacation or demolition, together with a penalty of 10% of such cost,
plus attorney fees incurred by the Borough regarding the same, in
the manner provided by law, or the Borough of Dallastown may seek
injunctive relief in a court of competent jurisdiction pursuant to
the rules of civil procedure.
A.
Any person aggrieved by a notice issued by the Codes Enforcement
Officer, Borough Manager or other Borough designee may appeal the
determination to the Building Appeals Board on an appeal form which
may be obtained from the Codes Enforcement Officer or Borough Manager.
B.
The appeal must be filed with the Borough Manager not later than
15 days after the date of the determination of violation.
C.
An appeal fee shall be paid by the appellant at the time the appeal
is filed. The amount of the appeal fee hereby imposed may be set by
the Borough Council by resolution from time to time. In the event
the appeal is successful, for reasons other than the grant of an extension
of time for compliance, the appeal fee shall be refunded to the appellant.
D.
The Building Appeals Board shall meet to hear the appeal not later
than 45 days after the appeal is filed. Notice of the time and date
and place of the hearing shall be sent by ordinary mail to the appellant
or the appellant's attorney of record not less than 10 days prior
to the date and time of the hearing.
A.
A Building Appeals Board is hereby established to hear and determine
appeals filed under this chapter. The Building Appeals Board shall
consist of three members who shall be residents of the Borough of
Dallastown. The Borough Council shall appoint the members of the Building
Appeals Board and may also appoint one alternate member for the Board.
The term of office for the members and alternate member of the Building
Appeals Board shall be three years, which terms shall run from January
1 to December 31, of the applicable years; except for the initial
Building Appeals Board which shall have one of its regular members
appointed for one year, one of its regular members appointed for two
years, and one of its regular members appointed for three years. After
the appointment of the initial members of the Building Appeals Board,
the terms of all subsequent members of the Building Appeals Board
shall be staggered so that each will end in a different year. If the
Borough Council appoints an alternate member of the Board, such alternate
member may act as a member of the Building Appeals Board only where
a regular member of the Board is absent.
B.
The Building Appeals Board may establish such rules and regulations
to regulate the conduct of its hearings as it may deem appropriate.
The Board shall elect from its members a Chairperson, Vice Chairperson
and Secretary annually.
C.
The burden of proof shall be on the Codes Enforcement Officer. The
determination of the Codes Enforcement Officer or the Borough Manager,
if applicable, shall be affirmed if supported by substantial evidence.
Formal rules of evidence shall not apply so long as the decision of
the Building Appeals Board is based on reliable information, but the
decision of the Building Appeals Board may not be based solely on
hearsay evidence.
Whenever the Codes Enforcement Officer or the Borough Manager
finds that an emergency exists which requires immediate action to
protect the public health, such official 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 chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Building Appeals Board
shall be afforded a hearing as soon as possible. After such hearing,
depending upon the findings as to whether the provisions of this chapter
have been complied with, the Codes Enforcement Officer and the Borough
Manager 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.
Upon receipt of a notice from the Borough, the abutting property
owner shall, within 60 days, complete, at his expense, the construction,
paving, curbing, repaving or recurbing of the sidewalk, as the case
may be, in accordance with Borough ordinances regulating curb and
sidewalk construction,[1] which work must meet the approval of the Borough Engineer.
