[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres 10-9-2000 by Ord. No. 213; amended in its entirety 9-14-2015 by Ord. No. 283. Subsequent amendments noted where applicable.]
The Council finds that:
A.
The Borough of Bell Acres ("Borough") recognizes the need to establish
certain minimum health and safety requirements for buildings, structures
or properties used or associated with human occupancy, and commercial
and industrial enterprises;
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; and
C.
The Borough Code has vested the Council with the power to regulate
the foregoing pursuant to 8 Pa.C.S.A. § 1202.
The following terms contained in this chapter are defined as
follows:
The Borough Manager, 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.
The official who is charged with the administration and enforcement
of this chapter, or any duly authorized representative.
To adjudge unfit for occupancy.
An open and unoccupied space on a lot, enclosed on at least
three sides by the walls of a building.
To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
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
Pennsylvania Vehicle Code.
The purpose for which a building or portion thereof is utilized
or occupied.
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.
That which is built or constructed, or a portion thereof.
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 infestation 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 or the allowance of any trees,
plants or shrubbery, or any portion thereof, the growth of 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.
No owner or occupant or operator 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 chapter with respect to
the maintenance of that part of the premises which he/she occupies
or controls in a safe, sound and sanitary condition pursuant to the
terms of the contract under which he/she exercises occupancy or control
thereof.
Owners, occupants and operators of any premises shall comply
with the provisions of this chapter 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 chapter, said occupant or operator
shall be deemed responsible and treated as if an owner within the
true intent and meaning of this chapter. Notwithstanding any other
provisions of this chapter, the owner of the premises bears ultimate
responsibility for compliance with this chapter.
The Code Enforcement Officer shall have the right and the power
to enter upon and inspect any structure or premises at all reasonable
hours and in a reasonable manner for the administration and enforcement
of this chapter. If such structure or premises is occupied, the Code
Enforcement Officer shall present credentials to the occupant and
request entry. If such structure or premises is unoccupied, the Code
Enforcement Officer shall first make a reasonable effort to locate
the owner or other person having charge or control of the structure
or premises and request entry. In the event that entry upon any structure
or premises is refused by an owner, an agent of an owner or a tenant,
the Code Enforcement Officer shall obtain an administrative search
warrant from any Magisterial District Judge within the judicial district
where the structure or premises to be inspected is located. It shall
be sufficient to support the issuance of a warrant for the Code Enforcement
Officer to provide to the Magisterial District Judge evidence of any
of the following:
A.
Reasonable standards and an administrative plan for conducting inspections.
B.
The condition of the structure, premises or general area and the
passage of time since the last inspection.
C.
Facts, supported by oath or affirmation, alleging that probable cause
exists that a law, regulation or ordinance subject to enforcement
by the Code Enforcement Officer has been violated.
A.
General. When a structure or equipment is found by the Code Enforcement
Officer to be unsafe, or when a structure is found unfit for human
occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of this chapter.
(1)
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
(2)
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 such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
(3)
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Code Enforcement Officer finds that such structure
is unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is insanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this chapter, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
(4)
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this chapter,
or one which was erected, altered or occupied contrary to law.
(5)
Dangerous structure or premises. For the purpose of this chapter,
any structure or premises that has any or all of the conditions or
defects described below shall be considered dangerous:
(a)
Any door, aisle, passageway, stairway, exit or other means of
egress that does not conform to the approved building or fire code
of the jurisdiction as related to the requirements for existing buildings.
(b)
The walking surface of any aisle, passageway, stairway, exit
or other means of egress is so warped, worn loose, torn or otherwise
unsafe as to not provide a safe and adequate means of egress.
(c)
Any portion of a building, structure or appurtenance that has
been damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism or by any other cause to such an extent that
it is likely to partially or completely collapse, or to become detached
or dislodged.
(d)
Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof, that is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place, so as to be
capable of resisting natural or artificial loads of 1 1/2 the
original designed value.
(e)
The building or structure, or part of the building or structure,
because of dilapidation, deterioration, decay, faulty construction,
the removal or movement of some portion of the ground necessary for
the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
(f)
The building or structure, or any portion thereof, is clearly
unsafe for its use and occupancy.
(g)
The building or structure is neglected, damaged, dilapidated,
unsecured or abandoned so as to become an attractive nuisance to children
who might play in the building or structure to their danger, become
a harbor for vagrants, criminals or immoral persons, or enable persons
to resort to the building or structure for committing a nuisance or
an unlawful act.
(h)
Any building or structure that has been constructed, exists
or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the approved
building or fire code of the jurisdiction, or of any law or ordinance,
to such an extent as to present either a substantial risk of fire,
building collapse or any other threat to life and safety.
(i)
A building or structure, used or intended to be used for dwelling
purposes, which, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
ventilation, mechanical or plumbing system, or otherwise, is determined
by the Code Enforcement Officer to be unsanitary, unfit for human
habitation or in such a condition that it is likely to cause sickness
or disease.
(j)
Any building or structure, because of a lack of sufficient or
proper fire-resistance-rated construction, fire-protection systems,
electrical system, fuel connections, mechanical system, plumbing system
or other cause, is determined by the Code Enforcement Officer to be
a threat to life or health.
(k)
Any portion of a building that remains on a site after the demolition
or destruction of the building or structure or whenever any building
or structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
B.
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Code Enforcement Officer is authorized to post a placard
of condemnation on the premises and order the structure closed up
so as not to be an attractive nuisance. Upon failure of the owner
to close up the premises within the time specified in the order, the
Code Enforcement Officer shall cause the premises to be closed and
secured 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 and may be collected by any other legal
resource.
(1)
Authority to disconnect service utilities. The Code Enforcement Officer shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this chapter and the referenced codes and standards set forth in Chapter 61 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The Code Enforcement Officer shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
C.
Notice. Whenever the Code Enforcement Officer has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 132-13C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 132-13B.
D.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Code Enforcement
Officer shall post on the premises or on defective equipment a placard
bearing the word "Condemned" and a statement of the penalties provided
for occupying the premises, operating the equipment or removing the
placard.
(1)
Placard removal. The Code Enforcement Officer 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 Enforcement Officer shall be subject to the penalties
provided by this chapter.
E.
Prohibited occupancy. Any occupied structure condemned and placarded
by the Code Enforcement Officer shall be vacated as ordered by the
Code Enforcement Officer. Any person who shall occupy a placarded
premises or shall operate placarded equipment, and any owner or any
person responsible for the premises who shall let anyone occupy a
placarded premises or operate placarded equipment, shall be liable
for the penalties provided by this chapter.
F.
Abatement methods. The owner, operator or occupant of a building,
premises or equipment deemed unsafe by the Code Enforcement Officer
shall abate or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other approved corrective
action.
G.
Record. The Code Enforcement Officer shall cause a report to be filed
on an unsafe condition. The report shall state the occupancy of the
structure and the nature of the unsafe condition.
A.
Imminent danger. When, in the opinion of the Code Enforcement Officer,
there is imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Code
Enforcement Officer is hereby authorized and empowered to order and
require the occupants to vacate the premises forthwith. The Code Enforcement
Officer shall cause to be posted at each entrance to such structure
a notice reading as follows: "This Structure Is Unsafe and Its Occupancy
Has Been Prohibited by the Code Enforcement Officer." It shall be
unlawful for any person to enter such structure except for the purpose
of securing the structure, making the required repairs, removing the
hazardous condition or demolishing the same.
B.
Temporary safeguards. Notwithstanding other provisions of this chapter,
whenever, in the opinion of the Code Enforcement Officer, there is
imminent danger due to an unsafe condition, the Code Enforcement Officer
shall order the necessary work to be done, including the boarding
up of openings, to render such structure temporarily safe, whether
or not the legal procedure herein described has been instituted, and
shall cause such other action to be taken as the Code Enforcement
Officer deems necessary to meet such emergency.
C.
Closing streets. When necessary for public safety, the Code Enforcement
Officer shall temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks, streets, public
ways and places adjacent to unsafe structures and prohibit the same
from being utilized.
D.
Emergency repairs. For the purposes of this section, the Code Enforcement
Officer shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
E.
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid by the Borough. The Borough Solicitor
shall institute appropriate action against the owner of the premises
where the unsafe structure is or was located for the recovery of such
costs.
F.
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the Appeals Board, be afforded a hearing as described
in this chapter.
A.
General. The Code Enforcement Officer shall order the owner of any
premises upon which is located any structure which, in the Code Enforcement
Officer's judgment, after review, is so deteriorated or dilapidated
or has become so out of repair as to be dangerous, unsafe, insanitary
or otherwise unfit for human habitation or occupancy, and such that
it is unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made safe
by repairs, to repair and make safe and sanitary, or to board up and
hold for future repair or to demolish 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, the Code Enforcement
Officer shall order the owner to demolish and remove such structure,
or board up until future repair. Boarding the building up for future
repair shall not extend beyond one year, unless approved by the Building
Official.
C.
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Code Enforcement
Officer shall cause the structure to be demolished and removed, either
through an available public agency or by contract or arrangement with
private persons, and the Borough shall collect the cost of removal,
together with a penalty of 10% of the cost, in the manner provided
by law for the collection of municipal claims and liens, or by action
of assumpsit, or may seek relief by bill in equity.
D.
Salvage materials. When any structure has been ordered demolished
and removed, the governing body or other designated officer under
said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition 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 person who is 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.
A.
Authority. Whenever the Code Enforcement Officer finds any work regulated
by this chapter being performed in a manner contrary to the provisions
of this chapter or in a dangerous or unsafe manner, the Code Enforcement
Officer is authorized to issue a stop-work order.
B.
Issuance. A stop-work order shall be in writing and shall be given
to the owner of the property, to the owner's agent, or to the person
doing the work. Upon issuance of a stop-work order, the cited work
shall immediately cease. The stop-work order shall state the reason
for the order and the conditions under which the cited work is authorized
to resume.
C.
Emergencies. Where an emergency exists, the Code Enforcement Officer
shall not be required to give a written notice prior to stopping the
work.
D.
Failure to comply. Any person who shall continue any work after having
been served with a stop-work order, except such work as that person
is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of not less than $600 nor more than $1,000.
A.
Notice to person responsible. Whenever the Code Enforcement Officer determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in this section to the person responsible for the violation as specified in this chapter. Notices for condemnation procedures shall also comply with § 132-9C.
B.
Form. Such notice prescribed in § 132-13A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this chapter.
(5)
Inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
D.
Unauthorized tampering. Signs, tags or seals posted or affixed by
the Code Enforcement Officer shall not be mutilated, destroyed or
tampered with, or removed without authorization from the Code Enforcement
Officer.
E.
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 such dwelling unit or structure
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 Enforcement
Officer and shall furnish to the Code Enforcement Officer 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.
A.
Application for appeal. Any person directly aggrieved by a notice or order issued by the Code Enforcement Officer under the authority of § 132-13 shall have the right to appeal to the Board of Appeals established under Chapter 61 of the Code of the Borough of Bell Acres, "Building Construction," as amended, provided that a written application for an appeal on a form provided by the Borough is filed within 10 days after receipt or posting of such notice or order, along with the payment of an appeal hearing fee in an amount set from time to time by resolution of the Borough Council. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
B.
Regulations and procedures for appeals. All appeals under this chapter
shall proceed under the regulations and procedures of the Board of
Appeals.
A.
Prosecution of violation. If a notice of violation or order is not complied with, the Code Enforcement Officer shall institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any person failing to comply with a notice of violation or order served in accordance with § 132-13 shall be prosecuted by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 454 (relating to trial in summary cases).
B.
Penalties. Any person who shall violate any provision of this chapter,
or fail to comply therewith, or with any of the requirements thereof,
shall be guilty of a summary offense, punishable by a fine not to
exceed $1,000 per violation, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings, and in
default of payment of such fine and costs, to imprisonment to the
extent permitted by law for the punishment of summary offenses. A
separate offense shall arise for each day or portion of a day in which
a violation is found to exist or for each section of this chapter
which is found to have been violated. All fines, costs, penalties,
and fees collected for the violation of this chapter shall be paid
to the Borough Treasurer.
C.
Borough's right to remedy conditions. If, after notice is given,
and a hearing, if requested, is held resulting in a determination
that the premises are in violation of this chapter and there is a
nuisance, and if not 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 Code Enforcement Officer 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.
D.
Collection of costs. The proper officials and Solicitor are hereby
authorized and directed to file a municipal claim and lien against
the premises requiring corrective action hereunder by the Borough
of Bell Acres 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.
E.
Owners severally liable. If the premises are owned by more than one
owner, each owner shall be severally subject to prosecution for the
violation of this chapter.
F.
The remedies provided herein for the enforcement of this chapter,
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.
G.
Officials authorized to enforce. Any other provision of this chapter
notwithstanding, the provisions of this chapter may be enforced by
and procedures herein undertaken by the Borough Manager, Code Enforcement
Officer, or an authorized representative of the Borough Manager. The
Code Enforcement Officer, member of the Board of Appeals or employee
charged with the enforcement of this chapter, while acting for the
Borough, in good faith and without malice in the discharge of the
duties required by this chapter or other pertinent law or ordinance,
shall not thereby be rendered liable personally and is hereby relieved
from all personal liability for any damage accruing to persons or
property as a result of an act or by reason of an act or omission
in the discharge of official duties. Any suit instituted against any
officer or employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the provisions
of this chapter shall be defended by the legal representative of the
jurisdiction until the final termination of the proceedings. The Code
Enforcement Officer or any subordinate shall not be liable for costs
in an action, suit or proceeding that is instituted in pursuance of
the provisions of this chapter.
