The purposes of this chapter include, but are not limited to:
A. Providing for the identification of structures or parts of structures
within the Borough which, by virtue of their condition, are considered
to be dangerous to the public health, safety and welfare;
B. Preventing dangerous structures from further deterioration;
C. Providing an orderly process according to law by which dangerous
structures may be repaired, removed, demolished, and/or vacated;
D. Providing a procedure through which the repair, removal, demolition
or vacation of a dangerous structure is accomplished by the Borough
while respecting the rights under the United States and Pennsylvania
Constitutions of any person or entity to occupy, own or have any property
interest in either the dangerous structure itself or the real property
upon which the dangerous structure is located;
E. Promoting and protecting the health, safety and general welfare of
residents of the Borough of Mount Union and the public generally.
Unless otherwise expressly stated, the following words used
in this chapter shall have the meanings indicated below. The present
tense includes the future tense; the singular number includes the
plural number; the plural number the singular; and, the masculine
gender includes the feminine and neuter genders:
BOROUGH
The Borough of Mount Union, Huntingdon County, Pennsylvania.
BOROUGH COUNCIL
The duly elected Council of the Borough of Mount Union, Huntingdon
County, Pennsylvania.
BUILDING
Any structure having a roof, self-supported or supported
by walls, columns or air pressure, which is fixed to the ground, whether
permanently or otherwise, used or occupied or intended to be used
or occupied for the shelter, housing, storage or enclosure of any
individual, animal, process, equipment, goods or materials of any
kind or nature.
DANGEROUS STRUCTURE
All structures, or parts thereof, which have any of the following
defects:
A.
Structures which have been damaged by fire, wind, or any other
cause to a degree which has rendered the structure dangerous to life,
safety, general health or welfare of persons, whether occupying such
structures or not; or
B.
Structures which have become deteriorated, decayed, unsafe,
unsanitary, or which, by virtue of a violation of any code, ordinance
or law of any nature applicable to such structure, have become unfit
for human habitation or are likely to cause accidents, sickness, or
disease to the occupants thereof or any other person;
C.
Any parts, portions, extensions, etc., of any structure which
by virtue of improper attachment or otherwise are or have become unsafe
to such a condition that such portion, etc., may fall and/or collapse
and injure or otherwise be deleterious to the health, safety, or general
welfare of the occupants of the structure or any other person; and
D.
Those structures which by virtue of their general condition
are unsafe, unsanitary or dangerous to the health, safety or general
welfare of any person, whether an occupier of the structure or otherwise.
STRUCTURE
Any man-made object that has an ascertainable stationary
location on or in land or water, whether or not affixed to the land;
all buildings and other improvements to real property are hereby declared
to be structures for purposes of this chapter.
All dangerous structures as defined by this chapter are hereby
declared to be public nuisances and shall be repaired, removed, demolished
or vacated in accordance with this chapter.
The Borough Council, in preparing the order accompanying the
adjudication, shall consider whether:
A. The evidence presented during the hearing is sufficient to permit
the Borough Council to conclude that the dangerous structure can be
repaired so that it will no longer be in violation of the provisions
of this chapter, so that the Council may order the dangerous structure
to be repaired; or
B. The evidence presented during the hearing is sufficient to permit
the Borough Council to conclude that the dangerous structure or any
portion thereof is in such a condition that it is dangerous to the
health, safety, or general welfare of the occupant or occupants thereof,
so that the Council may order that the dangerous structure to be vacated
immediately; or
C. The evidence presented during the hearing is sufficient to permit
the Borough Council to conclude that the dangerous structure cannot
be reasonably repaired, so that the Borough Council may order the
dangerous structure to be demolished.
In addition to any other provision of this chapter, any persons or entity who or which shall fail to comply with the order issued by the Borough Council pursuant to §
155-6 shall be subject to proceedings before a magisterial district judge and, upon a determination of that person or entity's failure to comply with the order shall be subject to a civil penalty not exceeding $1,000, together with costs, including attorney's fees.
Any other ordinance found to be inconsistent with this chapter
is deemed to be repealed. Otherwise, all other applicable provisions
of other ordinances shall be deemed to be supplemental and may be
relied on in addition to the remedies employed in this chapter.