[Adopted 5-17-1993 by Ord. No. 1126 (Ch. 10, Part 1, of the 1996 Code
of Ordinances)]
The Council finds that:
A.
The Borough recognizes the need to establish certain minimum health
and safety requirements for buildings, structures or properties used
or associated with human occupancy.
B.
The lack of minimum standards relative to the foregoing creates potentially
hazardous or dangerous conditions to the general public and interferes
with normal use and enjoyment of public and private property in the
Borough.
C.
The Borough Code has vested the Council with the power to regulate
the foregoing pursuant to 8 Pa.C.S.A. § 1202.
Certain terms contained in this article are defined as follows:
The Borough Manager, Building Inspector, Code Enforcement
Officer or other person under the direction of the Borough Manager.
A roofed structure, enclosed by one or more walls, for the
shelter, housing, storage or enclosure of persons, goods, materials,
equipment or animals.
An open and unoccupied space on a lot enclosed on at least
three sides by the walls of a building.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any existing or threatened condition existing on any premises
that creates a risk of bodily or other physical injury, including
but not limited to infection, illness, mutilation or death, to any
person or to the general public.
Every device which is self-propelled, other than by human
or electric power obtained from overhead trolley lines, by which any
person or property can be transported. This term does not include
devices which would qualify as antiques or classic, as defined in
the Vehicle Code, Title 75 Pa.C.S.A.
A person residing at or in possession of a premises.
A person in charge of any commercial, residential, institutional
or other enterprise or operation carried on at a premises.
Any person or persons jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or lease
or otherwise, is vested with the title to a lot and/or improvements
thereto or who retains the exclusive control or custody of such lot
and/or improvements thereto in his capacity as legal representative,
such as an administrator, trustee or executor.
Any building, court, lot or yard, as defined herein.
All putrescible and nonputrescible solid waste, including
garbage, rubbish, ashes, dead animals and market and industrial wastes.
Any open space on the same lot with a building and, for the
most part, unobstructed from the ground up.
No owner or occupant or operator of any premises shall permit
thereon:
A.
Fences or minor structures to be constructed and maintained so as
to present a health or safety hazard to persons or property.
B.
The development or accumulation of health or safety hazards, rodent
harborage and/or infestations upon yards, courts, lots.
C.
The storing of abandoned, junked or partially dismantled motor vehicles
which pose a threat to the public health, safety and welfare due to
conditions including, but not limited to, the following:
(1)
Broken glass.
(2)
Missing doors, windows or other vehicle parts which could permit
vermin or animal harborage or entry of children.
(3)
Body parts with sharp edges.
(4)
Leaking gasoline, oil or other vehicle fluids.
(5)
Upholstery which is torn or open, or other conditions of the vehicle
which could permit animal or vermin harborage.
(6)
Exposed battery containing acid.
(7)
Inoperable door or trunk locks.
(8)
Partially or fully disassembled parts which are loose on or near
the vehicle.
(9)
Unstable suspension or support of the vehicle.
D.
Refuse to accumulate and to be blown about their property or the
surrounding neighborhood.
E.
Wells, cesspools, cisterns, sedimentation ponds, stormwater management
impoundment ponds or ponds of similar nature or swimming pools to
remain open without adequate fencing or barricades to prevent access
thereto by the general public.
F.
The accumulation of heavy undergrowth or vegetation which would impair
the health or safety of the neighborhood; nor shall they permit any
trees, plants or shrubbery or any portion thereof to grow on their
property which impairs the ability of any person to clearly see oncoming
pedestrian or vehicular traffic, so as to cause a traffic hazard.
The owner or occupant or operator of any premises shall comply
with the following at all times:
A.
Grounds, buildings and structures shall be maintained free of insect,
vermin and rodent harborage and infestation.
B.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse.
C.
Where there exists rodent and vermin infestation, corrective measures
shall be undertaken by the property owner or occupant to alleviate
the existing problem to include screening, extermination and/or garbage
and refuse control. Methods employed for extermination shall conform
with generally accepted practices, and such method shall not pose
a health or safety hazard to the general public.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall maintain
the exterior of any building in good repair and structurally sound
and sanitary so as not to pose a threat to the public health, safety
or welfare.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall maintain
all wood and metal surfaces of any building, including but not limited
to window frames, doors, door frames, cornices, porches and trim,
in good condition. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall maintain
all structural members of any building free from deterioration so
that they are capable of safely supporting any imposed loads.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall maintain
all foundation walls of any building plumb and free from open cracks
and breaks and shall keep such foundation walls in such condition
as to prevent the entry of rats or other vermin.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall keep
all exterior walls on any building free from holes, breaks and loose
or rotting materials and shall apply proper weatherproofing and surface
coating where required to prevent deterioration.
[Added 2-16-2015 by Ord.
No. 1327]
The roof and flashing on any building shall be sound, tight
and not have defects that admit rain. Roofs shall have adequate drainage
to prevent dampness or deterioration in the walls or interior portion
of the building.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall maintain
all cornices, belt courses, corbels, terra cotta trim, wall facings
and similar decorative features on any building in good repair, with
proper anchorage, and in a safe condition.
[Added 2-16-2015 by Ord.
No. 1327]
The owner or occupant or operator of any premises shall maintain
all canopies, marquees, signs, metal awnings, fire escapes, stand
pipes, exhaust ducts and similar overhang extensions in good repair
and properly anchored. When necessary, all exposed surfaces of metal
or wood shall be protected from the elements and against decay or
rust by periodic application of weatherproofing or surface coating
materials, such as paint or similar surface treatments.
No owner or occupant of any premises shall permit:
A.
Roof, surface or sanitary or stormwater drainage to create a health
or safety hazard to persons or property by reason of inadequate or
improper construction or maintenance or manner of discharge.
B.
Any refrigerator, freezer or other similar storage chest to be discarded,
abandoned or stored in any place or location which is accessible to
the general public without first completely removing any and all locking
devices and/or doors.
Any occupant or operator of any premises shall be responsible
for compliance with the provisions of this article with respect to
the maintenance of that part of the premises which he occupies or
controls in a safe, sound and sanitary condition pursuant to the terms
of the contract under which he exercises occupancy or control thereof.
Owners, occupants and operators of any premises shall comply
with the provisions of this article, regardless of any agreements
between owners and operators and occupants as to which party shall
assume such responsibility. In instances where the occupant or operator
is responsible or shares responsibility with an owner for the existence
of one or more violations of this article, said occupant or operator
shall be deemed responsible and treated as if an owner within the
true intent and meaning of this article.
The Borough may have, or may cause through an authorized representative
of the Borough with prior notice to the owner, operator or occupant
of the premises to have, entry onto the premises for the purpose of
inspection of any and all premises located within the Borough for
ascertaining the existence of violations of this article. In those
matters where the nature of an alleged violation is such that an inspection
of the interior of a building or structure is necessitated, prior
arrangements must be made with the owner, occupant or operator or
representative thereof to secure access thereto. In the absence of
permission to inspect, a search warrant may be obtained.
If the Building Inspector determines that the premises constitutes
a health or safety hazard or is otherwise in violation of this article
so as to constitute a nuisance, he shall issue a dated, written notice
requiring compliance within a specified deadline. The notice shall:
A.
State the reasons why it is issued.
B.
State the steps required to be taken to come into compliance.
C.
And also contain the following:
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"The Building Inspector of the Borough of Sewickley has determined the property described herein to be in violation of the property maintenance requirements of Chapter 247, Article II, § 247-____ of the Code and to constitute a nuisance and has required that the property be brought into compliance within 60 days of the date of this notice. Unless a hearing is requested as set forth below, this determination shall become final 30 days after the date of this notice.
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"The violation is:
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"Any party who may feel aggrieved by said determination may
contest the determination by requesting a hearing before the Borough
Council pursuant to the Local Agency Law. All requests for hearings
must be in writing and must be filed with the Borough Secretary within
30 days of the date that this notice was posted or mailed to the owner.
Failure to file a request for hearing as set forth above may result
in the loss of any opportunity to contest the determination of the
Building Inspector."
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D.
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 nuisance posed by the property's
noncompliance with property maintenance requirements.
E.
The notice shall be given in writing by registered or certified mail,
return receipt requested, to the last known address of the owner and
occupants of said structure and shall also be posted upon the property
determined to be in noncompliance. 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 likewise be given to
any mortgagee, lessee or occupant of the property.
If after notice is given and a hearing, if requested, is held,
resulting in a determination that the premises are in violation of
the property maintenance requirements and there is a nuisance, and
if it isn't remedied within the time limits prescribed by such notice,
the proper Borough officials are hereby authorized to obtain proposals
and/or advertise for bids for correction of the violation in accordance
with specifications as may be appropriate and reasonable according
to the Building Inspector to achieve correction of the condition in
an effective and efficient manner, 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 and photograph the premises prior
to corrective action.
The proper officials and the Solicitor are hereby authorized
and directed to file a municipal claim against the premises requiring
corrective action hereunder by the Borough for the costs incurred
in connection with correcting the violation, 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 premises.
[Amended 2-19-1996 by Ord. No. 1159]
Any person who shall violate any provision of this article 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 article continues shall constitute a separate offense.
If the premises are owned by more than one owner, each owner
shall be severally subject to prosecution for the violation of this
article.
The remedies provided herein for the enforcement of this article
or any remedy provided by law shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the
option of the Borough.
Any other provision of this article notwithstanding, the provisions
of this article may be enforced by and procedures herein undertaken
by the Borough Manager, Code Enforcement Officer, Building Inspector
or authorized representative of the Borough Manager.
