[HISTORY: Adopted by the Borough Council of the Borough of
Larksville 6-15-1999 by Ord. No.
5-1999 (Ch. 75 of the 1987 Code). Amendments noted
where applicable.]
This chapter shall be known as and may be cited as the "Larksville
Borough Dangerous Buildings Ordinance."
This chapter shall apply uniformly to all persons, business
organizations, nonprofit organizations and all other legal entities,
and it shall apply uniformly to all property and all property owners
within the Borough of Larksville.
A.
Unless otherwise specifically defined below, words or phrases used
herein shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this chapter its most
reasonable application consistent with its intent.
B.
BOROUGH
COUNCIL
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
(5)
(6)
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Larksville, County of Luzerne in the Commonwealth
of Pennsylvania.
The current elected or appointed members of the Larksville
Borough Council.
All the buildings or structures which have any or all of
the following defects, and all such buildings or structures shall
be deemed dangerous buildings:
Those which have been damaged by fire, wind or other cause so
as to fail utterly to provide the amenities essential to decent living
and which are unfit for human habitation.
Those which have been damaged by fire, wind or other cause so
as to become dangerous to the life and safety or the general health
and welfare of the occupants or the people of the Borough.
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation and are
likely to cause accidents, sickness or disease, so as to work injury
to the health, safety or general welfare of those living therein as
well as other citizens living in the Borough.
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living and are likely to cause accidents, sickness or disease,
so as to work injury to the health, safety or general welfare of those
living therein as well as other citizens living in the Borough.
Those which have parts thereof which are so attached that they
might fall and injure members of the public or adjoining property.
Those which, because of their general condition, are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
the people of the Borough.
C.
The word "shall" is always mandatory and not merely directory.
D.
Words included in the present text include the future and past; words
in the plural number include the singular; words in the singular include
words in the plural; the words either in the feminine, masculine or
neuter shall include words of the other two genders.
A.
All dangerous buildings are hereby declared to be public nuisances
and shall be repaired, vacated or demolished.
B.
Each day a nuisance in the form of a dangerous building continues,
after notice is given that said dangerous building is to be repaired,
vacated or demolished, shall constitute a separate offense in violation
of this chapter.
Whenever it shall be reported or come to the attention of any
Borough official or police officer that any building or structure,
completed or in the process of construction, or any portion therein,
is in a dangerous condition, such person shall report the same to
the Council; and the Council shall immediately designate a Borough
official, employee or police officer to make an investigation and
examination of such building or structure. If such investigation or
examination indicates such building or structure to be a dangerous
building, a written report of such investigation shall be sent to
the Council, specifying the exact condition of such building or structure
and setting forth whether or in what respect the structure is dangerous
and whether the structure is capable of being properly repaired or
whether it shall be removed as a dangerous building.
The following standards shall be followed in substance by the
Council in ordering repair, vacation or demolition of a dangerous
building:
A.
If the dangerous building can be repaired, as determined by the Council,
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered repaired.
B.
If the dangerous building is in such condition to make it dangerous
to the health, safety or general welfare of its occupants it shall
be ordered to be vacated.
C.
If the dangerous building cannot be reasonably repaired, as determined
by the Council, it shall be demolished.
D.
If the dangerous building is a fire hazard or is existing or erected
in violation of the terms of this chapter, any other ordinance of
the Borough or any statute of the Commonwealth of Pennsylvania, it
shall be demolished.
A.
If any structure is deemed to be a dangerous building within the
standards of this chapter, the Council shall forthwith use notice
to be served upon the owner or owners of such dangerous building as
determined by the record in the office of the Recorder of Deeds in
and for the County of Luzerne in the Commonwealth of Pennsylvania,
or, failing to find any owner or owners, then such occupant, mortgagee,
lessee, agent or any other person with an interest in said dangerous
building who may be located.
B.
The notice required by this section shall be served personally upon
the owner or owners of a dangerous building if such owner resides
or such owners reside in the Borough or personally upon his agent
if such agent resides within the Borough. If personal service required
herein cannot be obtained, such notice shall be sent to the owner
or owners of a dangerous building by certified mail to the last known
address according to the records available in the Tax Assessment Office
in and for the County of Luzerne in the Commonwealth of Pennsylvania.
C.
Such notice shall identify the building or structure deemed dangerous,
contain a statement of the particulars which made this building or
structure a dangerous building and include an order requiring the
same to be put in such condition as to conform with the terms of this
chapter; provided, further, that in any case where the notice prescribes
the repair of any structure, the owner thereof shall, have the option
to remove such structure in lieu of making the repairs thereto within
the time provided.
D.
Such notice shall require any person notified to repair, vacate and/or
demolish any building to commence the work required by notice within
10 days of such notice and to comply with such repair, vacation or
demolition within 60 days from the receipt of such notice.
E.
The Council shall cause to be placed on all dangerous buildings a
notice reading substantially as follows:
This building has been found to be a dangerous building by the
Borough Council for the Borough of Larksville, County of Luzerne in
the Commonwealth of Pennsylvania. This notice is to remain on this
building until it is repaired, vacated or demolished in accordance
with the notice which has been given to the owner, occupant, lessee,
mortgagee or agent of the building. It is unlawful to remove this
notice served on the above-named party.
A.
All fines provided for in this section shall be in addition to costs.
B.
Any person who shell fail to comply with any notice or order to repair,
vacate or demolish any dangerous buildings, which notice is served
by any person authorized to do so by the Council, shall, upon conviction
before a Magisterial District Judge, be subject to a fine not exceeding
$300; and, in default of payment of the fine and costs, shall be subject
to imprisonment for a period not exceeding 30 days.
C.
Any person removing the notice provided for in § 145-7 shall, upon conviction before a Magisterial District Judge, be subject to a fine not exceeding $100; and, in default of payment of the fine and cost, shall be subject to imprisonment for a period not exceeding 15 days.
D.
Any person having any interest in any building who fails to comply
with any notice or order to repair, vacate and/or demolish any dangerous
building within 60 days of the receipt of such notice, by such failure,
does empower the Council to cause such building or structure to be
repaired, vacated or demolished by the Borough and to cause the costs
of such repair, vacation and/or demolition, together with a penalty
of 10%, to be charged upon the land on which the building exists as
a municipal lien, or alternatively to recover such costs and penalty
in a suit at law against the owner or owners but failing to remove
same to have the judgment therefor to be charged upon the land as
a lien; and, this subsection is separate from and in addition to the
fine, penalty and costs which may be imposed by any other subsection
of this section.
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building, the Council shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected as provided for in § 145-8 of this chapter.
