[HISTORY: Adopted by the Borough Council of the Borough of Catawissa 4-9-1970 by Ord. No. 193 (Ch. 10, Part 4, of the 1983 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 136.
Whenever it shall be ascertained by or reported to the Fire Chief of the Borough of Catawissa that any structure completed or in process of construction, or any portion thereof, is in a dangerous condition or any premises constitute a nuisance in fact the Fire Chief of the Borough shall immediately cause a thorough investigation and examination to be made of such structure or premises. If such investigation and examination indicates such structure or premises to be dangerous in any respect or constitute a nuisance, the Fire Chief shall report, in writing, to the Mayor, specifying the exact condition of such structure or premises, setting forth in such report whether and in what respect he considers such structure or premises to be dangerous or a nuisance, and, if so, whether such structure or nuisance is capable of being properly repaired or whether it should be removed as a dangerous structure or nuisance. In connection with the examination of any such structure, the Fire Chief, with the consent of the Borough Council, is authorized to employ the services of a registered architect or registered engineer.
If any structure or premises is reported by the Fire Chief, as provided in § 141-1 of this chapter, to be in a dangerous condition or as constituting a nuisance, the Mayor shall forthwith cause written notice to be served upon the owner of such structure or premises. Such notice shall set forth the findings of the Fire Chief and shall require the owner of such structure or premises to commence the repair or removal of such structure within 10 days of such notice and to complete such repair or removal within 30 days thereof; provided however, in any case where the notice prescribes the repair of any structure, the owner shall have the option to remove such structure instead of making the repair thereof, within the said time limit.
The notice required by § 141-2 shall be served personally upon the owner of a structure or premises, if such owner resides in the Borough, or upon the agent of such owner, if such agent has a residence or place of business within the Borough. If neither the owner nor the agent thereof can be served within the Borough as hereby provided, such notice shall be sent to the owner of such structure or premises by registered mail or certified mail at his last known address.
[Amended 5-29-1971 by Ord. No. 200]
A. 
An owner shall have the right of appeal as follows: An owner shall have the privilege, within the ten-day interval set forth in § 141-2, to file with the Borough Secretary at the Borough Hall a written request to the Borough Council of the Borough of Catawissa, Columbia County, Pennsylvania, to be heard at a special meeting of the Borough Council; and at said meeting said owner shall be allowed to present any defense he may have.
B. 
If after said hearing by Borough Council and the Mayor, sitting as an appeal board, a majority of Borough Councilmen and the Mayor present at said meeting sustain the recommendations of the Fire Chief, then the owner shall be subject to all of the penal provisions of this chapter and the thirty-day period for repair or removal shall run from said date. At said appeal hearing, anyone may appear for or against the dangerous structure or nuisance.
[Amended 6-9-1983 by Ord. No. 268]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.
[Amended 6-9-1983 by Ord. No. 268]
If the owner of any dangerous structure or nuisance, to whom or which a notice to repair or to remove such structure shall be sent under the provisions of this chapter, fails to appeal or to commence or to complete such repair or removal within the time limit prescribed by such notice, the Borough, with or without first securing approval of a court, shall be empowered, but shall not be required, to cause such work or repair or removal to be commenced and/or completed by the Borough, and the cost and expenses thereof, with a penalty of 10%, shall be collected from the owner of such structure in the manner provided by law, provided the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 141-5.
This remedy is not mutually exclusive and does not preclude the remedy which the Borough may use by means of a complaint in equity, or any appropriate action at law, filed in the Court of Common Pleas to compel the owner to repair or remove such dangerous structure or nuisance or seek such other relief as such Court is empowered to afford.