[Adopted 10-19-1982 by Ord. No. 417]
The following definitions shall apply in the interpretation
and enforcement of this part:
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 structures.
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.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping, or by any other recognized and legal
pest elimination methods approved by the Borough Council.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
Whenever the words "dwelling," "dwelling unit" or "premises"
are used in this part, they shall be construed as though they were
followed by the words "or any part thereof."
The person who, alone 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 to comply with the
provisions of this part and of rules and regulations adopted pursuant
thereto to the same extent as if he were the owner.
Includes any individual, firm, corporation, association or
partnership or other legal entity.
A piece, parcel, lot or tract of land.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the 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.
The Borough Council or its designated agent shall make periodic
inspections of any dwelling, building, structure or property. Whenever
an inspection discloses that a dwelling, building, structure or property
by reason of its being a rat harborage or for any other reason has
become a public nuisance or a hazard to the health, safety or welfare
of the public, the Borough Council shall issue a written notice requiring
the owner, within a reasonable time specified in the notice, to rectify
the conditions constituting the nuisance, or to remove the conditions
constituting a nuisance, or demolish and remove the dwelling, building
or structure. Such removal or demolition of a dwelling, building or
structure shall not be ordered unless the cost of such repair, alteration
or improvement shall exceed 50% of the market value of the dwelling,
building or structure.
1.
Whenever Borough Council determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
part, it shall give notice of such alleged violation to the person
or persons responsible therefor, as hereinafter provided. Such notice
shall:
A.
Be put in writing.
B.
Include a statement of the reasons why it is being issued.
C.
Allow a reasonable time for the performance of any act it requires.
D.
Be served upon the owner or his agent, or the occupant, as the case
may require, provided that such notice shall be deemed to be properly
served upon such owner or agent or upon such occupant if a copy thereof
is served upon him 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.
E.
Such notice 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.
2.
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 Council, provided
that such person shall file with the Borough Secretary 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 Borough Council 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 20 days after the day
on which the petition was filed.
3.
After such hearing, Council shall sustain, modify or withdraw the
notice. If 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 Borough Secretary within 10 days after such
notice is served.
4.
Whenever Council finds that an emergency exists which requires immediate
action to protect the public health, it may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as it deems 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 Council 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, Council shall continue such order in effect or modify
it or revoke it.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation and placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements.
1.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Council:
A.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
B.
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
C.
One which, because of its general condition or location, is unsanitary
or otherwise dangerous to the health or safety of the occupants or
of the public.
2.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by Council shall be vacated within
a reasonable time as ordered.
3.
No dwelling or dwelling unit which has been condemned and 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, Council. The Council shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action were
based have been eliminated.
4.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection 3 above.
5.
Any person affected by any notice or order relating to the condemning
and placarding of a dwelling or dwelling unit as unfit for human habitation
may request and shall be granted a hearing on the matter before the
Council.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, 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 or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
In addition to the penalties heretofore set forth in this part,
any building or structure constructed, created or maintained in violation
of this part is hereby declared to be a public nuisance. The Council
is authorized to require the removal of any such nuisance by the owner
or occupier of the land upon which such nuisance exists. If the owner
or occupier fails, neglects or refuses to remove any such nuisance
after being ordered to do so by the Borough of Sharpsburg, the Borough
may cause the same to be done and collect the cost thereof, together
with a penalty of 10% of such cost, in the manner provided by law
for the collection of municipal claims or by an action of assumpsit.
1.
In any case where a provision of this part is found to be in conflict
with a provision of any ordinance existing on the effective date of
this part, the provision which establishes the higher standard for
the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this part is found
to be in conflict with a provision of any other ordinance existing
on the effective date of this part which establishes a lower standard
for the promotion and protection of the health and safety of the people,
the provisions of this part shall be deemed to prevail, and such other
ordinances are hereby declared to be repealed to the extent that they
may be found in conflict with this part.
2.
If any section, subsection, paragraph, sentence, clause or phrase
of this part should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this part,
which shall remain in full force and effect; and to this end the provisions
of this part are hereby declared to be severable.
