Borough of Wesleyville, PA UNSAFE, UNLAWFUL AND VACANT STRUCTURES

[Ord. No. 5/28/2003B, § 801]

Unsafe Structures. An "unsafe structure" is one that is found to be dangerous to life, health, property or safety of the public or occupants by the Code Official and one or more of the Police Chief, Fire Chief, Fire Inspector or Borough Engineer by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is likely.

Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful, or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illuminations, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

Unlawful Structure. An "unlawful structure" is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.

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 Official is authorized to post a placard of condemnation on the premises and/or structure 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 Official shall begin proceedings as stated in § 10-501, Subsection 4 and 5.

Prohibited Occupancy. Any person who shall occupy a placarded premises, and any owner or person responsible for the premises who shall let anyone occupy a placarded premises, shall be liable for the penalties provided by this Code.

Removal of Placard. The Code Official shall remove the condemnation placard whenever the defect(s) upon which the condemnation and placarding actions were based have been eliminated. Any person who defaces or removes a condemnation placard without approval of the Code Official shall be subject to the penalties of this Code.

Imminent Danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of the 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 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 Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official 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 Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making required repairs, removing the hazardous condition, or of demolishing the same.

Demolition. The Code Official shall order the owner of any premises upon which is located any structure which, in the Code Official's and one or more of the Police Chief, Fire Chief, Fire Inspector or Borough Engineer's judgment, is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze 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 raze 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, to raze and remove such structure with the advice and assistance of the Borough Solicitor. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Unreasonable Repairs. In any case where a dwelling unfit for human habitation is over 50% damaged, decayed or deteriorated from is original structure, and vacant or boarded up for a period in excess of six months, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this or any other code or ordinance of the Borough, it shall be demolished. In all cases where a dwelling unfit for human habitation is a fire hazard existing or erected in violation of the terms of this or any of code, ordinance of the Borough or laws of the commonwealth, it shall be demolished.