[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley 10-17-2016 by Ord. No.
1347. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
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 structure.
All buildings or structures which have any or all of the
following defects shall be deemed nuisances and dangerous buildings:
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that the structural integrity
of the building is threatened.
Those which, exclusive of the foundation, show substantial damage
or deterioration to 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 or to
surrounding parties.
Those which have parts thereof which are so attached that they
may fall 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 or otherwise
dangerous to the health or safety of the occupants or the public.
Those existing in violation of any provision of the building
code, fire prevention code or other ordinances of the Borough.
Those which have been inspected by the Fire Department and found
to be fire hazards by reason of age, condition, dilapidation, obsolescence
or abandonment.
Those which have been abandoned and may attract children, vagrants,
vandals or other trespassers.
Person who, alone or jointly or severally with others:
Shall have legal title to any building or structure, with or
without accompanying actual possession thereof.
Shall have charge, care or control of any building or structure,
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 the 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.
A piece, parcel, lot or tract of land.
Anything constructed or erected with a fixed or ascertainable
location on the ground or anchored in the water, including buildings,
walls, fences, platforms, docks, wharves, billboards, signs and walks.
The Borough Building Inspector is authorized to, and upon direction
by Council will, inspect all buildings and structures within the Borough
in order to determine whether they are nuisances and dangerous buildings.
A.
The Building Inspector is authorized to request the Borough Police
Chief and the Chief of the Borough's local fire company to inspect
such buildings.
B.
The Building Inspector shall make a written report of his inspection
and may request a written report from the Police Chief and the fire
company Chief following any inspection by either or both of them.
C.
The Building Inspector shall review all available information and
make a determination as to whether the building or structure is a
nuisance and dangerous building.
If the Building Inspector determines the building or other structure
to be a nuisance and dangerous building that poses an immediate threat
to the health, safety or welfare of the residents of the Borough of
Sewickley or other individuals, the proper Borough officials are hereby
authorized to take such emergency action as is necessary to deal with
the immediate threat, including the demolition of the dangerous building.
If the Building Inspector determines the building or other structure
to be a nuisance and a dangerous building that does not pose an immediate
threat to the health, safety or welfare of Borough residents or other
individuals, he shall issue a dated, written notice requiring repair
or removal of the building within a specified deadline.
A.
The notice shall include the following:
(1)
A statement
indicating that the Building Inspector has determined that the building
or structure is a dangerous building and a nuisance and must be repaired
or removed within 60 days of the date of the notice;
(2)
A list
of the defects in the building or structure which render the building
or structure a dangerous building and which must be repaired if the
building or structure is not to be demolished;
(3)
A statement
in large capital letters that reads, "OCCUPANCY OF THIS BUILDING IS
PROHIBITED BY LAW, EFFECTIVE FROM THE DATE OF THIS NOTICE";
(4)
A statement
indicating that any party aggrieved by the Building Inspector's determination
requiring repair or removal of the building or structure may contest
the determination by filing with the Borough Secretary a written request
for a hearing before Borough Council within 30 days of the date the
notice was mailed to the owner or posted on the property;
(5)
A statement
indicating that the failure to file a timely written request for a
hearing may result in the loss of any opportunity to contest the determination
that the building or structure is a dangerous building and a nuisance
that must be repaired or removed;
(6)
A statement
indicating that failure to repair or remove the building or structure
determined to be a dangerous building within the time limits established
by the notice may result in the proper Borough officials advertising
for bids to repair or demolish the dangerous building or having Borough
employees repair or demolish the dangerous building, with the costs
and expenses thereof to be assessed against the owner of the dangerous
building by the filing of a municipal claim against the property or
by the filing of a civil lawsuit;
(7)
A statement
indicating that failure to repair or remove the building or structure
determined to be a dangerous building within the time limits established
by the notice may also result in the filing of a citation against
the owner seeking the imposition of a fine of not more than $1,000,
plus costs, per day of noncompliance, or imprisonment for not more
than 30 days for failure to pay said fines and costs.
B.
The notice may set forth a repair or removal deadline of less than
60 days and an appeal period of less than 30 days if the Building
Inspector finds that a shorter appeal period is necessary to protect
the occupants or public from the danger posed by the nuisance and
dangerous building.
C.
The notice shall be given in writing by registered or certified mail,
return receipt requested, to the last known address of the owner of
the dangerous building and shall also be posted upon the property
declared to have a nuisance and dangerous building erected thereon.
Notice shall be deemed to have been given on the date of mailing or,
where no address is known or where such notice is not delivered or
accepted, on the day when posted on the property. A copy of such notice
shall also be mailed or hand delivered to any lessee or occupant of
the dangerous building and to any mortgagee of record.
If after notice is given and a hearing, if requested, is held
resulting in a determination that the building or structure is a nuisance
and dangerous building, and if said building or structure is not repaired
or removed within the time limits prescribed by such notice, the proper
Borough officials are hereby authorized to advertise for bids for
repair or for demolition of such building or structure and the restoration
of the land to its natural state, and to enter into a contract with
the lowest responsible bidder or, if feasible, the work may be done
in whole or in part by Borough employees. The proper officials are
also authorized to enter, inspect, photograph and inventory said building
or structure prior to demolition.
The proper officials and the Solicitor are hereby authorized
and directed to file a municipal claim against the lot or lots appurtenant
to any building or structure caused to be repaired or razed by the
Borough of Sewickley for the costs incurred in connection with the
repair or razing of such building or structure, together with a penalty
of 10%, as provided by law, or the said costs and expenses may be
collected by action in assumpsit against the owners of said dangerous
building.
A copy of the notice of repair or removal shall be posted and
shall continue to be posted upon the property where the building or
structure is located until it is demolished. Removal of such notice
is prohibited, except by the Building Inspector.
No person is permitted to occupy a dangerous building. The proper officers of the Borough are authorized to remove any occupant from a dangerous building along with their possessions. The costs of removal of persons and possessions, including, without limitation, reasonable attorney's fees incurred by the Borough and storage of possessions, shall be recoverable under § 149-6 hereof.
Any person who shall violate any provision of this chapter 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 chapter continues shall constitute a separate offense.
