[HISTORY: Adopted by the Borough Council of the Borough of Avis 5-4-1970 by Ord. No. 147; amended in its entirety 12-7-1992 by Ord. No. 202 (Ch. 4, Part 1, of the 1992 Code of Ordinances). Subsequent amendments noted where applicable.]
Whenever it shall be reported to the Zoning Officer that any structure, completed or in process of construction, or any portion thereof, is in a dangerous condition, the Zoning Officer shall immediately cause an investigation and examination to be made of such structure.
If any structure is found by the Zoning Officer, as provided in § 221-1, to be in a dangerous condition, the Zoning Officer shall forthwith cause written notice to be served upon the owner of such structure to commence the repair or removal of such building within 10 days of such notice and to complete such repair or removal within 30 days thereof. Provided in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option to remove such structure instead of making the repairs thereto within the said time limit.
The notice required by § 221-2 shall be served personally upon the owner of a structure, 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 or the agent thereof can be served within the Borough as hereby provided, such notice shall be sent to the owner of such structure by certified mail, at his last known address, and a copy of said notice shall be posted on a conspicuous part of such structure.
Any person affected by any notice issued pursuant to § 221-2 may request and shall be granted a hearing on the matter before the Zoning Hearing Board provided that such person shall file with the Zoning Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after service of the aforesaid notice. Upon receipt of such petition, the Zoning Hearing Board shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
After such hearing, the Zoning Hearing Board shall sustain, modify, or withdraw the notice. The proceedings at such hearing, including the findings and decision of the Zoning Hearing Board, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Zoning Hearing Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Zoning Hearing Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
If the owner of any dangerous structure, to whom or which a notice to repair or remove such structure shall be sent under the provisions of this chapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, or within 30 days after the decision of the Zoning Hearing Board sustaining or modifying such notice, he shall be guilty of a violation and, upon conviction thereof, shall be sentenced to pay a fine not exceeding $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues, after conviction thereof, shall constitute a separate offense.
If the owner of any dangerous structure to whom or which a notice to repair or to remove such structure shall be sent under the provisions of this chapter fails to commence or to complete such repair or removal with the time limit prescribed by such notice, or within 30 days after the decision of the Zoning Hearing Board sustaining or modifying such notice, the Zoning Officer shall be empowered to cause such work of repair or removal to be commenced and/or completed by the Borough, and the cost and expense thereof, with a penalty of 10%, shall be collected from the owner of such structure in the manner provided by law, or he may proceed to seek equitable relief from a court of competent jurisdiction. The recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 221-6 of this chapter.