As used in this chapter, the following terms shall be interchangeable
and have the meanings indicated:
DANGEROUS OR DILAPIDATED BUILDINGS; UNSAFE BUILDINGS
All buildings or structures which have any or all of the
following defects:
A.
Those whose interior or exterior walls or other vertical structural
members lean, list or buckle to such an extent that they are 3% or
more of their longitudinal dimension from being vertically plumb or
horizontally straight.
B.
Those which, exclusive of the foundation, show 33% or more of
damage or deterioration of the surrounding member or members or 50%
of damage or deterioration of the nonsupporting enclosing or outside
walls or coverings.
C.
Those which have improperly distributed loads upon the floors,
roofs or walls, as a result of settlement or decay, in which any structural
member is overloaded or has insufficient strength to be reasonably
safe.
D.
Those which have been damaged by fire, wind or other causes
so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Borough of
Punxsutawney.
E.
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 or are likely
to cause sickness or disease so as to work injury to the health, morals,
safety or general welfare of those living therein.
F.
Those having light, air and sanitation facilities which are
inadequate to protect the health, morals, safety or general welfare
of human beings who live or may live therein.
G.
Those having inadequate facilities for egress in case of fire
or panic or those having insufficient stairways, elevators, fire escapes
or other means of evacuation.
H.
Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
I.
Those which, because of their condition, are unsafe, unsanitary
or dangerous to the health, morals, safety or general welfare of the
people of this Borough.
J.
Those buildings existing in violation of any provision of the
Building Code of this Borough or in violation of the Fire Prevention
Code or other ordinances of this Borough.
All dangerous buildings within the terms of §
94-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The members of the Unsafe Building Committee or assistants specially
designated thereto shall:
A. Upon reasonable and probable cause, inspect or cause to be inspected any structures for the purpose of determining whether any conditions exist which render such places dangerous buildings within the terms of §
94-1 of this chapter, and obtain search warrants, if necessary, to inspect buildings suspected to be in violation of this chapter.
B. Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this chapter.
C. Inspect any building, wall or structure reported (as hereinafter
provided for) by the Fire or Police Department of this Borough as
suspected of existing in violation of the terms of this chapter.
D. Issue report(s) to the Solicitor and Council regarding any buildings determined to be unsafe under the provisions of §
94-1, containing:
(1) The identity and location of said building;
(2) Information concerning identity and contact information of the record
owner, real estate tax and assessments status of the property;
(3) Identity of any known or suspected tenants or other occupants;
(4) A description of the building and a statement of the particulars
which make the building or structure a dangerous building; and
(5) An order requiring the building to be put in such condition as to
comply with the terms of this chapter within such length of time,
not exceeding 30 days, as is reasonable.
E. Report to the Solicitor to notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the deed registration files of the Borough and/or the Recorder of Deeds of the County of Jefferson of any building found by the Unsafe Building Committee to be a dangerous building within the standards set forth in §
94-1 of this chapter that the owner must vacate, repair and/or demolish said building in accordance with the terms of the notice and this chapter.
F. The mortgagee, agent or any other persons who have an interest in
said building as shown by the land records of the deed registration
files of the Borough and/or the Recorder of Deeds of the County of
Jefferson may, at their own risk, repair, vacate or demolish said
building or have such work or act done, provided that any person notified
under this subsection to repair, vacate or demolish any building shall
be given such reasonable time, not exceeding 30 days, as may be necessary
to do or have done the work or act required by the notice provided
for herein.
G. Report to the Borough Council any building found by the Committee to be a dangerous building within the standards set forth in §
94-1, and any noncompliance with the notice provided for in Subsections
D,
E and
F hereof.
H. Appear at all hearings conducted by the Borough Council, in person
or by a designated assistant, and testify, present reports and other
evidence as to the condition of dangerous buildings.
I. Place a notice on all dangerous buildings reading as follows:
THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING BY THE
UNSAFE BUILDING COMMITTEE. 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 THIS BUILDING AND ALL OTHER PERSONS HAVING AN INTEREST
IN SAID BUILDING AS SHOWN BY THE LAND RECORDS OF TIIE DEED REGISTRATION
FILES FOR THE BOROUGH AND/OR THE RECORDER OF DEEDS OF THE COUNTY OF
JEFFERSON. IT IS UNLAWFUL TO REMOVE THIS NOTICE UNTIL SUCH NOTICE
IS COMPLIED WITH.
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The Borough Council shall:
A. Upon receipt of a report from the Unsafe Building Committee, or assistants specially designated thereto, as provided for in § 94-40 hereof, instruct the Solicitor to give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the deed registration files of the Borough and/or the Recorder of Deeds of Jefferson County to appear before Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in §
94-4D.
B. Hold a hearing and hear such testimony and receive such evidence
as the Unsafe Building Committee, or assistants specially assigned
thereto, or the owner, occupant, mortgagee, lessee or any other person
having an interest in said building as shown by the land records of
the deed registration file of the Borough and/or the Recorder of Deeds
of the County of Jefferson shall offer relative to the dangerous building.
C. Make written findings of fact from the testimony and evidence offered pursuant to Subsection
B as to whether or not the building in question is a dangerous building within the terms of §
94-1 hereof.
D. Issue an order based upon findings of fact made pursuant to Subsection
C commanding the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the land records of the deed registration file of the Borough and/or the Recorder of Deeds of the County of Jefferson to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter, provided that any person so notified shall have the privilege either of vacating or repairing or demolishing said dangerous building. If the order so issued is an order to vacate and/or demolish said unsafe building, Council may direct the appropriate municipal department(s) to remove all unlawful occupants and secure the building against unauthorized entry.
E. If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection
D hereof within 10 days, the Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in §
94-2 of this chapter, and shall, with the assistance of the Borough Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien and/or to be recovered in a suit at law against the owner.
F. Report to the Borough Solicitor the names of all persons not complying with the order provided for in Subsection
D.
The owner, occupant or lessee in possession of any building
who shall fail to comply with any notice or order to repair, vacate,
or demolish any such dangerous building given by any person authorized
by this chapter or any regulation issued thereunder shall be liable
for civil penalties as provided herein, and may be charged with a
summary offense and shall, upon conviction before any District Justice
of the Commonwealth of Pennsylvania, be subject to a fine of not less
than $1,000 nor more than $2,500, plus costs of prosecution, and/or
imprisonment in the County of Jefferson jail for a period of not more
than 90 days. Costs of attorney fees shall include the Borough's
attorneys' fees as authorized by Section 3321(a)(5) of the Borough
Code. The imposition of penalty(s) for any violation(s) shall
not excuse the violation or permit the same to continue; and all such
person(s) shall be required to correct or remedy such violation(s)
or defects within a reasonable time; and when not otherwise specified,
each 30 days that prohibited conditions are maintained shall constitute
a separate offense. The penalties contained in this section are in
addition to any other remedies provided by this chapter or other law.
The Borough Solicitor shall:
A. Cause all written notices provided for herein to be sent to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the deed registration files of the Borough and/or the Recorder of Deeds of Jefferson County to appear before Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in §
94-4D.
B. Appear at all hearings before Borough Council in regard to dangerous
buildings.
C. Assist with the drafting of written findings of fact and order(s) pursuant to instructions given by Borough Council following hearings held under §
94-5B.
D. Prosecute all persons failing to comply with the terms of the notices provided for herein in §
94-4E and
F and the order provided for in §
94-5D.
E. Bring suit to collect all municipal liens, assessments or costs incurred
by the Borough Council in repairing or causing to be vacated or demolished
dangerous buildings.
F. Take such other legal action as is necessary to carry out the terms
and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Unsafe Building Committee or assistants specially designated thereto shall report such facts to the Borough Council, and the Borough Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in §
94-5E hereof.
Except emergency cases, all notices or orders provided for herein
shall be personally served, or sent by first-class and certified mail,
to the owner, occupant, mortgagee, lessee and all other persons having
an interest in said building as shown on the land records of the deed
registration files of the Borough and/or the Recorder of Deeds of
the County of Jefferson to the last known address of each, and a copy
of such notice shall be posted in a conspicuous place on the dangerous
building to which it relates. Acceptance of personal service and/or
signature on a certified mail return receipt shall be deemed adequate
service. Wherein certified mail is returned unclaimed, but first-class
mail has not been returned to the sender, service shall be presumed.
Where desirable, the notices and orders provided for herein may be
served in the same manner a summons is served in the courts of general
jurisdiction.
No officer, agent or employee of the Borough of Punxsutawney
shall render himself personally liable for any damage that may accrue
to person or property as a result of any act required or permitted
in the discharge of his duties under this chapter. Any suit brought
against any officer, agent or employee of the Borough of Punxsutawney
as a result of any act required or permitted in the discharge of his
duties under this chapter shall be defended by the Borough Solicitor
until the final determination of the proceedings therein.
The Fire Department of the Borough may designate a committee
from its membership, who shall make a report, in writing, to any member
of the Unsafe Building Committee of all buildings or structures which
are, may be or are suspected to be dangerous buildings within the
terms of this chapter.
All employees of the Police Department shall make a report,
in writing, to any member of the Unsafe Building Committee of any
building or structures which are, may be or are suspected to be dangerous
buildings within the terms of this chapter. Such reports must be delivered
by any member of the Department to the Building Inspector within 24
hours of the discovery of such buildings by any employee of the Police
Department.