[Ord. 1988-1, 8/1/1988]
1.
Title. These regulations shall be known as the "Existing Structures
Code of the Borough of Watsontown, Northumberland County, Pennsylvania,"
hereinafter referred to as the "Existing Structures Code" or "this
code."
2.
Scope. This code is to protect the public health, safety and welfare
in all existing structures, residential and nonresidential, and on
all existing premises as hereinafter provided, by:
A.
Establishing minimum maintenance standards for all structures and
premises for basic equipment and facilities for light, ventilation,
space heating and sanitation; for safety from fire; for space, use
and location; and for safe and sanitary maintenance of all structures
and premises now in existence;
B.
Establishing minimum requirements for all existing buildings and
structures for means of egress, fire-protection systems and other
equipment and devices necessary for life safety from fire;
C.
Providing for rehabilitation and reuse of existing structures and
allowing differences between the application of the code requirements
to new construction and the application of the code requirements to
alterations and repairs;
D.
Fixing the responsibilities of owners, operators and occupants of
all structures; and
E.
Providing for administration, enforcement and penalties.
3.
Intent. This code shall be construed liberally and justly to insure
public health, safety and welfare insofar as they are affected by
the continued use and maintenance of structures and premises.
4.
Other Regulations. The provisions in this code shall not be construed
to prevent the enforcement of other ordinances or regulations which
prescribe standards other than are provided herein.
5.
Application of Other Codes and Ordinances. Any repairs or alterations
to a structure, or changes of use therein, which may be caused directly
or indirectly by the enforcement of this code, shall be done in accordance
with the procedures and provisions of the Building Code, Plumbing
Code, Mechanical Code, and Electrical Code adopted or used by the
municipality.
6.
Existing Remedies. The provisions in this code shall not be deemed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
buildings which are deemed to be dangerous, unsafe, and unsanitary.
7.
Workmanship. All repairs, maintenance work, alterations or installations
which are required for compliance with this code shall be executed
and installed in a workmanlike and acceptable manner so as to secure
the results intended by this code.
[Ord. 1988-1, 8/1/1988]
1.
Alterations or Repairs.
A.
Alterations or repairs, other than increasing the height or area
of a structure, may be made to any structure without requiring the
existing structure to comply with all the requirements of the code
for new construction, provided such work conforms to that required
by this code. Alterations or repairs shall not cause an existing structure
to become unsafe or adversely affect the performance of the building.
B.
Alterations or repairs to an existing structure which are nonstructural,
and do not adversely affect any structural member or any part of the
structure having a required fire-resistance rating, may be made with
the same materials of which the structure is constructed.
2.
Other Ordinances. As provided in § 5-101, this code establishes minimum requirements for the initial and continued occupancy and use of all structures and premises and does not replace or modify requirements otherwise established by ordinance which may be additional or more stringent for the construction, repair, alteration, or use of structures, equipment or facilities. None of the provisions herein shall be construed to relieve anyone from additionally meeting the requirements of the Chapter 27, Zoning, of the Code of Watsontown Borough.
[Ord. 1988-1, 8/1/1988]
1.
Approved Materials and Equipment. All materials, equipment and devices
approved for use by the Code Official shall be constructed and installed
in accordance with such approval.
2.
Modifications. When there are practical difficulties involved in
carrying out structural or mechanical provisions of this code or of
any approved rule, the Code Official may vary or modify such provision
upon application of the owner or the owner's representative, provided
that the spirit and intent of the law shall be observed and public
welfare and safety assured.
A.
Records. The application for modification and the final decision
of the Code Official shall be in writing and shall be officially recorded
in the permanent records of the department.
B.
Used Materials and Equipment. Used materials, equipment and devices
may be used, provided they have been reconditioned, tested and placed
in good and proper working condition and approved for use by the Code
Official.
C.
Alternative Materials and Equipment. The provisions of this code
are not intended to prevent the use of any material or method of construction
not specifically prescribed by this code, provided any such alternative
has been approved. The Code Official may approve any such alternative,
provided the Code Official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
(1)
Research and Investigations. The Code Official shall require
that sufficient technical data be submitted to substantiate the proposed
use of any material or assembly, and if it is determined that the
evidence submitted is satisfactory proof of performance for the use
intended, the Code Official may approve its use subject to the requirements
of this code. The costs of all tests, reports and investigations required
under these provisions shall be paid by the applicant.
(2)
The Code Official may use the information contained in other
approved sources to assist in the application of the provisions of
this code to existing buildings.
[Ord. 1988-1, 8/1/1988]
1.
Officer. It shall be the duty and responsibility of the Code Official
to enforce the provisions of this code as herein provided.
2.
Relief from Personal Liability. Any Code Official, officer or employee
who acts in good faith and without malice in the discharge of duties
of enforcement of this code is relieved of all personal liability
for any damage that may accrue to persons or property as a result
of such acts or alleged failure to act. Further, the Code Official
shall not be held liable for any costs in any action, suit or proceeding
that may be instituted by the Code Official in the enforcement of
this code. In any of these actions, the official or employee shall
be defended or represented by the jurisdiction's attorney at law until
the final termination of the proceedings.
3.
Official Records. An official record shall be kept of all business
and activities of the department specified in the provisions of this
code, and all such records shall be open to public inspection at all
appropriate times and under reasonable regulations established by
the Code Official to maintain the integrity and security of such records.
[Ord. 1988-1, 8/1/1988]
1.
General. The Code Official shall enforce all the provisions of this
code except as may otherwise be specifically provided for by other
regulations.
2.
Notices and Orders. The Code Official shall issue all necessary notices
and orders to abate illegal or unsafe conditions to insure compliance
with this code's requirements for the safety, health, and general
welfare of the public.
3.
Inspections and Registration. In order to safeguard the safety, health
and welfare of the public, the Code Official is authorized to enter
any structure or premises at any reasonable time for the purpose of
making inspections and performing duties under this code.
A.
Nonconforming Conditions. If additional nonconforming conditions
are encountered during the course of any approved alteration or repair
which were not considered or known initially, the Code Official shall
have the authority to require compliance with this code or such additional
conditions. The determination of what may be necessary to bring such
conditions into compliance shall take into consideration the use of
alternatives and equivalent approaches as provided for in this code.
The Code Official shall have the authority to approve construction
changes in the field when conditions are encountered which make the
originally approved work impractical, provided such changes in approved
work can be readily determined to be in compliance with this code
and are requested by the owner or the owner's agent prior to such
construction changes. Such changes shall be specifically documented
by the owner or the owner's agent describing the change in work and
the reasons and justification for the change, and shall be filed with
the permit for the project.
B.
Inspection and Registration of Rental Residential Units.
[Amended by Ord. 2006-04, 8/7/2006; and by Ord. 2010-05,
7/6/2010[1]]
(1)
Within 60 days of the enactment of this ordinance,[2] all property owners must register all rental residential
units/properties ("rental units") with the Borough Office. Property
owners shall submit in writing the address, number of units, all owners
of record and current tenants of the rental unit. Any residential
unit/property that is converted into a rental unit after the enactment
of this ordinance, must be registered with the Borough Office within
30 days of the date the rental unit is rented to a tenant.
[2]
Editor's Note: The references to "this ordinance" in this
Subsection B are as in Ord. No. 2010-05.
(2)
Property owners shall keep the registration information for
all rental units updated. Property owners shall report all changes
in registration information, including change in tenants, within 30
days of the change.
(3)
All rental units shall be inspected by the Code Enforcement
Officer or other designated party of the Borough within 30 days of
registration. All rental units that have passed an inspection within
the last four years preceding the enactment of this Part shall not
be required to undergo an inspection until two years from the date
of the last successful inspection or a change in tenants, whichever
shall occur first. All rental units shall be inspected once every
two years or upon a change in tenants. Upon a change of tenants within
the first 12 months after a successful inspection, no reinspection
is required. The two-year period shall reset upon a successful inspection.
It shall be the legal responsibility of the property owner/owners,
landlord/landlords, to notify the Borough of a vacancy and to allow
inspection prior to reoccupancy of the rental unit/units. A certificate
of occupancy permit will be issued upon passing of this inspection.
[Amended by Ord. No. 2018-01, 4/9/2018]
(4)
The Borough shall designate two days per month ("inspection
dates"), currently the second and fourth Wednesdays of each month,
that inspections shall be conducted. Inspections shall be scheduled
by contacting the Borough Office at least 48 hours in advance of the
inspection date. All inspections requested less than 48 hours prior
to an inspection date may be subject to an additional administrative
charge of $25. All inspections required/requested to be done on noninspection
dates, shall be subject to an additional administrative fee of $25.
(5)
If the authorized official from the Borough determines a rental
unit to be unfit for habitation, he/she shall display a red tag on
the property and notify, in writing, either by personal service or
registered mail, the property owner/owners of the issuance of the
red tag and that the property cannot be occupied until the violation/violations
have been corrected. This written notice shall specifically state
the violations that must be corrected before occupancy can occur.
C.
Procedure upon Unit's Being Found in Violation of Building Code or
Other Ordinance or Law. If the authorized official from the Borough
determines the residential rental unit/units to be in violation of
the Building Code of the Borough of Watsontown or other ordinances
of the Borough or in violation of state or federal laws, a yellow
condition shall be in effect on the property, and the property owner/owners
shall be notified, in writing, which shall be personally served or
sent by registered mail, of the issuance of this yellow condition
and the specific violations. In this written notice, the Borough shall
give a reasonable period (not to exceed 30 days) for the property
owner/owners to correct the violations before the issuance of a citation.
The dwelling may be occupied during this reasonable time period under
a temporary certificate of occupancy permit, not to exceed 30 days.
Failure to remedy the violations within the allotted time may result
in a citation and the denial of occupancy of the dwelling.
[Amended by Ord. 2006-04, 8/7/2006]
D.
Right of Entry. If any owner, occupant, or other person in charge
of a structure subject to the provisions of this code refuses, impedes,
inhibits, interferes with, restricts, or obstructs entry and free
access to any part of the structure or premises where inspection authorized
by this code is sought, the administrative authority may seek, in
a court of competent jurisdiction, an order that such owner, occupant
or other person in charge cease and desist with such interference.
In the event new construction, remodeling, or rehabilitation of a
structure is involved, all work must cease until the Code Officer
is granted access. Any work which is done during a period of time
when the Code Officer is denied access to the structure may be subject
to removal if it fails to conform to the requirements of this code.
E.
Access by Owner or Operator. Every occupant of a structure or premises
shall give the owner or operator thereof, or agent or employee, access
to any part of such structure or its premises at reasonable times
for the purpose of making such inspection, maintenance, repairs, or
alterations as are necessary to comply with the provisions of this
code.
F.
Penalty for Violation. Any property owner, landlord, tenant or other
person who violates any provision of this ordinance[3] shall be guilty of an offense; and, for every such offense,
upon conviction, shall be sentenced to pay a fine of not less than
$50 or more than $600 and costs of prosecution; and in default of
payment of fine and costs, to undergo imprisonment for not more than
30 days. Each day a violation of this ordinance exists shall be considered
a separate offense.
[Added by Ord. 2006-04, 8/7/2006; amended by Ord. 2010-05,
7/6/2010]
[3]
Editor's Note: The references to "this ordinance" in this
Subsection F are as in Ord. No. 2010-05.
G.
Inspection and Re-inspection Fees. The fee for initial inspection
and re-inspection of "red" condition dwellings shall be set at $50
per inspection. Re-inspections of "yellow" condition dwellings shall
be set at $25 per re-inspection. The Borough Council reserves the
right to adopt and/or revise fees at any time by resolution.
[Added by Ord. 2006-04, 8/7/2006; amended by Ord. 2010-05,
7/6/2010]
4.
Credentials. The Code Official or the Code Official's authorized
representative shall disclose proper credentials of their respective
office for the purpose of inspecting any and all buildings and premises
in the performance of duties under this code.
5.
Coordination of Enforcement. Inspection of premises, the issuance
of notices and orders and enforcement thereof shall be the responsibility
of Code Officials so charged by the jurisdiction. Whenever, in the
opinion of a Code Official initiating an inspection under this code,
it is deemed necessary or desirable to have inspections by any other
department, the Code Official shall make reasonable effort to arrange
for the coordination of such inspections so as to minimize the number
of visits by inspectors, and to confer with the other departments
for the purpose of eliminating conflicting orders before any are issued.
A department shall not, however, delay the issuance of any emergency
orders which it determines must be issued.
6.
Rule-Making Authority. The Code Official shall have power as may
be necessary in the interest of public safety, health and general
welfare, to adopt and promulgate rules and regulations to interpret
and implement the provisions of this code to secure the intent thereof
and to designate requirements applicable because of local climatic
or other conditions; but such rules shall not have the effect of waiving
working stresses or fire-protection requirements specifically provided
in this code or violating accepted engineering practice involving
public safety.
7.
Annual Report. At least annually, the Code Official shall submit
to the chief authority of the jurisdiction a written statement of
operations in the form and content as shall be prescribed by such
authority.
[Ord. 1988-1, 8/1/1988]
1.
General. When a structure or part thereof is found by the Code Official
to be unsafe, or when a structure or part thereof is found unfit for
human occupancy or use, or is found unlawful, it may be condemned
pursuant to the provisions of this code and may be placarded and vacated.
It shall not be reoccupied without approval of the Code Official.
Unsafe equipment shall be placarded and placed out of service.
A.
Unsafe Structure. An unsafe structure is one in which all or part
thereof is found to be dangerous to life, health, property, or the
safety of the public or its occupants by not providing minimum safeguards
for protection from fire or because it is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that it is likely to partially or completely collapse.
B.
Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is found
to be a hazard to life, health, property or safety of the public or
occupants of the premises or structure. Unsafe equipment may contribute
to the finding that the structure is unsafe or unfit for human occupancy
or use.
C.
Structure Unfit for Human Occupancy. A structure is unfit for human
occupancy or use whenever the Code Official finds that it is unsafe,
unlawful, or because of the degree in which it lacks maintenance or
is in disrepair, is unsanitary, vermin or rat infested, contains filth
and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this code,
or because its location constitutes a hazard to its occupants or to
the public.
D.
Unlawful Structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
2.
Closing of Vacant Structures. If the structure or part thereof is
vacant and unfit for human habitation, occupancy or use and is not
in danger of structural collapse, the Code Official may post a placard
of condemnation on the premises and may order the structure closed
up so it will not be an attractive nuisance to youngsters. Upon failure
of the owner to close up the premises within the time specified in
the order, the Code Official shall cause it to be closed through any
available public agency or by contract or arrangement by private persons,
and the cost thereof shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real
estate.
[Ord. 1988-1, 8/1/1988]
1.
Notice to Owner or to Person or Persons Responsible. Whenever the Code Official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever the Code Official has condemned any structure or equipment under the provisions of § 5-106, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the Code Official has condemned the property or part thereof, the Code Official shall give notice to the owner and to the occupants of the intent to placard and to vacate the property or to order equipment out of service. In the case of a residential rental unit, the landlord shall not allow said unit to be occupied by any person and shall not enter into a lease arrangement for said unit.
2.
A.
Be in writing;
B.
Include a description of the real estate sufficient for identification;
C.
Include a statement of the reason or reasons why it is being issued;
D.
Include a correction order allowing a reasonable time for the repairs
and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code; and
E.
Include an explanation of the owner's right to seek modification
or withdrawal of the notice by petition to an appeals board or appropriate
review board.
3.
Service. Such service shall be deemed to be properly served upon
such owner if a copy thereof is delivered to the owner personally;
or by leaving the notice at the usual place of abode, in the presence
of someone in the family of suitable age and discretion who shall
be informed of the contents, thereof; or by certified or registered
mail addressed to the owner at the last known address with return
receipt requested; or if the certified or registered letter is returned
with receipt showing that it has not been delivered, by posting a
copy thereof in a conspicuous place in or about the structure affected
by such notice, and at least one publication of such notice in a local
newspaper of general circulation.
A.
Service on Occupant. When a condemnation order is served on an occupant
other than the owner or person responsible for such compliance, a
reasonable time to vacate the property after noncompliance shall be
stated. Owners or persons responsible for compliance must vacate at
the time set for correction of defects if there is failure of compliance.
5.
Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
6.
Certificate for residential rental units after requirements are met.
Upon completion of the repairs and improvements designated by the
Code Officer, the landlord shall notify the Code Officer who shall
make an inspection of the premises to determine if all requirements
have been met. If a determination is made by the Code Officer that
the unit is fit for human habitation, he shall issue a certificate
to that effect to the landlord and the landlord shall thereafter be
allowed to rent the premises and allow persons to occupy the same
until the new tenants or occupants vacate the same at which time a
new inspection will be requested as provided for hereinbefore. If
the Code Officer determines that the requirements have not been met,
he shall so advise the landlord in writing and the prohibition against
occupancy and rental of the unit shall continue until such time as
the requirements have been met.
[Ord. 1988-1, 8/1/1988]
1.
Placarding of Structure. After the condemnation notice required under
the provisions of this code has resulted in an order by virtue of
failure to comply within the time given, the Code Official may post
on the premises or structure or parts thereof, or on defective equipment,
a placard bearing the words: CONDEMNED AS UNFIT FOR HUMAN OCCUPANCY
OR USE, and a statement of the penalties provided for any occupancy
or use or for removing the placard. The owner or the person or persons
responsible for the correction of violations shall have removed themselves
from the property on failure to comply with the correction order in
the time specified, but other occupants shall be given a reasonable
time thereafter to vacate.
2.
Prohibited Use. Any person who shall occupy a placarded premises
or structure or part thereof, or shall use placarded equipment, and
any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises shall be liable for the penalties
provided by this code.
3.
Removal of Placard. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided by
this code.
[Ord. 1988-1, 8/1/1988]
1.
General. Whenever a Code Official finds that an emergency exists on any premises, or in any structure or part thereof, or on any defective equipment which requires immediate action to protect the public's health and safety or that of the occupants thereof, the Code Official may, with proper notice and service in accordance with the provisions of § 5-107, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the Code Official deems necessary to meet such emergency. Notwithstanding other provisions of this code, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.
2.
Hearing. Any person to whom such order is directed shall comply therewith.
They may thereafter, upon petition directed to the Appeals Board,
be afforded a hearing as prescribed in this code. Depending upon the
findings of the Board at such hearing as to whether the provisions
of this code and the rules and regulations adopted pursuant thereto
have been complied with, the Board shall continue such order or modify
or revoke it.
[Ord. 1988-1, 8/1/1988]
1.
Unlawful Acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, use
or occupy any structure or equipment regulated by this code, or cause
same to be done, contrary to or in conflict with or in violation of
any of the provisions of this code.
2.
Penalty. Any person, firm or corporation, who shall violate any provisions
of this code shall, upon conviction thereof, be subject to a fine
of not less than $50 nor more than $600 or imprisonment for a term
not to exceed 30 days, or both, at the discretion of the court. Each
day that a violation continues after due notice has been served, in
accordance with the terms and provisions hereof, shall be deemed a
separate offense.
3.
Prosecution. In case any violation order is not promptly complied with, the Code Official may request the jurisdiction's legal representative to institute an appropriate action or proceeding at law to exact the penalty provided in § 5-110, Subsection 2. Also, the Code Official may ask the legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
A.
To restrain, correct or remove the violation or refrain from any
further execution of work;
B.
To restrain or correct the erection, installation or alteration of
such structure;
C.
To require the removal of work in violation; or
D.
To prevent the occupation or use of the structure or part thereof
erected, constructed, installed or altered in violation of, or not
in compliance with, the provisions of this code, or in violation of
a plan or specification under which an approval, permit or certificate
was issued.
[Ord. 1988-1, 8/1/1988]
1.
Petition. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this code,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Board; provided
that such person shall file, in the office of the Board, a written
petition requesting such hearing and containing a statement of the
grounds therefor within 20 days after the day the notice was served.
2.
Appeals Board. In order to protect existing structures in the jurisdiction
by vigorous enforcement of the provisions of this code, there shall
be and is hereby created a Code Appeals Board, hereafter referred
to as the "Board," consisting of five members who shall be appointed
by the Chief Executive of the jurisdiction.
A.
Membership.
(1)
To the extent possible, each member shall represent a segment
of the community affected by this code, and at least one shall have
had experience in the building trades. Not more than two members shall
represent the same business or profession.
(2)
Each member shall have been a resident of the jurisdiction for
at least one year prior to appointment. The Chief Executive Officer
may appoint for a term of one year an alternate member of such board
in addition to the five members above provided for, who shall act
with full power only when a member of the Board refuses to vote because
of conflict of interest or when a member is absent. The Chief Executive
Officer shall appoint one member of the department who shall act as
secretary to the Board.
B.
Vote. The Board shall hear all appeals relative to the enforcement
of this code, and by a concurring vote of the majority of its members
may reverse or affirm wholly or partly, or may modify, the decision
appealed from, and shall make such order or determination as in its
opinion ought to be made. Failure to secure such concurring votes
shall be deemed a confirmation of the decision of the Code Official.
C.
Financial Interest. A member of the Board shall not participate in
any hearings or vote on any appeal in which that member has a direct
or indirect financial interest, or is engaged as a contractor, or
is engaged in the preparation of plans and specifications, or in which
that member has any personal interest.
3.
Records. The secretary of the Board shall keep a record of each meeting
so that the record shows clearly the basis for each decision made
by the Board.
[Ord. 1988-1, 8/1/1988]
1.
General. The Code Official may order the owner of premises upon which
is located any structure or part thereof, which in the Code Official's
judgment is so old, dilapidated or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use, and so that it would be unreasonable to repair the
same, to raze and remove such structure or part thereof; or if it
can be made safe by repairs, to repair and make safe and sanitary
or to raze and remove at the owner's option; or where there has been
a cessation of normal construction of any structure for a period of
more than two years, to raze and remove such structure or part thereof.
2.
Unreasonable Repairs. Whenever the Code Official determines that
the cost of such repairs would exceed 100% of the current value of
such structure, such repairs shall be presumed unreasonable and it
shall be presumed for the purpose of this section that such structure
is a public nuisance which may be ordered razed without option on
the part of the owner to repair.
3.
Order. The order shall specify a time in which the owner shall comply
therewith and specify repairs, if any. It shall be served on the owner
of record or an agent where an agent is in charge of the building
and upon the holder of any encumbrance of record in the manner provided
for service of a summons by a court of record. If the owner or a holder
of an encumbrance of record cannot be found, the order may be served
by posting it on the main entrance of the building and publishing
it once each week for three successive weeks in a newspaper authorized
to provide service by publication.
4.
Retraining Actions. Anyone affected by any such order shall within
30 days after service of such order apply to a court of record for
an order restraining the Code Official from razing and removing such
structure or parts thereof. The court shall determine whether the
order of the Code Official is reasonable, and, if found reasonable,
the court shall dissolve the restraining order, and, if found not
reasonable, the court shall continue the restraining order or modify
it as the circumstances may require.
5.
Failure to Comply. Whenever the owner of a property fails to comply
with a demolition order within the time prescribed, the Code Official
shall cause the structure or part thereof to be razed and removed,
either through an available public agency or by contract or arrangement
with private persons, and the cost of such razing and removal shall
be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate.
6.
Salvage Materials. When any structure has been ordered razed and
removed, the governing body or other designated officer under said
contract or arrangement aforesaid may sell the salvage and valuable
materials at the highest price obtainable. The net proceeds of such
sale, after deducting the expenses of such razing and removal, shall
be promptly remitted with a report of such sale or transaction, including
the items of expense and the amounts deducted, for the use of the
person who may be entitled thereto, subject to any order of a court.
If such a surplus does not remain to be turned over, the report shall
so state.
