[HISTORY: Adopted by the Borough Council of the Borough of
Royersford 11-29-2011 by Ord. No.
849 (Ch. 4, Part 2, of the 1990 Borough Code of
Ordinances). Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "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.
A.
Unless otherwise specifically defined below, words or phrases used
herein shall be interpreted so as to give them the same meanings as
they have in common usage and so as to give this chapter its most
reasonable application consistent with its intent.
B.
The word "shall" is always mandatory and not merely directory.
C.
BOROUGH
BUILDING
COUNCIL
DANGEROUS BUILDINGS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DWELLING
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Royersford, Montgomery County, Pennsylvania.
An independent structure having a roof supported by columns
or walls resting on its own foundation, and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
The existing elected or appointed members of the Borough
Council.
All the buildings or structures that 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 are unfit for human habitation;
Those which have been damaged by fire, wind or other cause so
as to have become dangerous to the life and safety, morals, 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;
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, morals, safety or general welfare
of those living therein as well as other citizens of the Borough;
Those which have improperly distributed loads upon the floors
or roofs or in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the purpose used;
Those which have parts thereof which are so attached that they
might fall and injure members of the public or adjoining property;
Those which lack electricity, illumination, ventilation or sanitation
facilities or because of another condition are unsafe, unsanitary
or dangerous to the health, safety, or general welfare of the occupants
or citizens of the Borough; or
Those which, because of their general condition or location,
are unsafe, unsanitary or dangerous to the health, morals, safety
or general welfare of the people of the Borough.
Any building that is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any individual, firm, corporation, limited liability company,
association, organization, partnership or other legal entity.
D.
Words used in the present tense include the future and past; words
in the plural number include the singular; words in the singular number
include words in the plural; and 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 and/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 and/or demolished shall constitute a separate offense in violation
of this chapter.
Whenever it is reported or comes to the attention of any person,
citizen, Borough official or police officer that any building or structure
completed or on the process of construction or any portion thereof
is in a dangerous condition, such person shall report the same to
the Borough Manager. The Borough Manager shall promptly notify the
Borough Council. The Borough Council shall then designate a Borough
official or a committee or a police officer to make an investigation
and examine the building or structure reported. If the official, committee,
or police officer making the investigation believes that the structure
is a dangerous building, then a written report of the investigation,
specifying the condition of the structure and in what respect it is
dangerous, shall be made and presented to Borough Council. The report
may recommend whether the building can be repaired or whether it shall
be removed as a dangerous building.
The Borough Council shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided hereinabove in § 152-5 of this chapter, give written notice to the owner or owners of such dangerous buildings as determined by the records in the County Assessment and Recorder of Deeds offices in and for the County of Montgomery, in the Commonwealth of Pennsylvania, or failing to find any owner or owners, then notice shall be given to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building as the Borough may discover, and said notice shall inform the owner or other party to appear before the Borough Council on a date specified to show cause why the building or structure reported as a dangerous building should not be repaired, demolished or vacated in accordance with any written report to Borough Council or determination made by Borough Council.
B.
Within not less than 10 days nor more than 60 days from the date
of such notice, hold a hearing and hear such testimony as the owner,
occupant, mortgagee, lessee or other person having an interest in
said building shall offer related to the dangerous building.
C.
Within 30 days of such hearing, make written findings of fact from
the testimony offered pursuant to the hearing as to whether or not
the building in question is a dangerous building.
The following standards shall be followed in substance by Borough
Council in ordering repair, vacation or demolition of a dangerous
building:
A.
If the dangerous building can be repaired, as determined by Borough
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 as to make it dangerous
to the health, morals, safety, or general welfare of its occupants,
it shall be ordered to be vacated within such length of time, not
to exceed 30 days, as is reasonable.
C.
If a dangerous building is 50% or more damaged or decayed, or deteriorated
from its original condition, or if a dangerous building cannot be
repaired so that it will no longer exist in violation of the terms
of this chapter, it shall be demolished, provided that the cost of
repairs to rectify or remove the conditions constituting the nuisance
exceed 50% of the market value of the building at the time demolition
is proposed.
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 after the hearing, then Borough Council, within the time set forth in § 152-6D of this chapter, shall cause notice of this order issued under § 152-6D of this chapter to be served upon the owner or owners of such dangerous building as determined by the records previously or who appeared at the hearing, or to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building who can be located.
B.
The notice and order 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 at the last known
address according to the records available in the Tax Assessment Office
in and for Montgomery County.
C.
The notice and order 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 period provided.
D.
The notice and order shall require any person notified to repair,
vacate or demolish any building to commence the work or act required
by the 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.
A.
Any owner, occupant or lessee who is in possession of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish any dangerous building issued under § 152-8 of this article or who violates any of the other provisions of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Montgomery County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any person having an interest in any building who fails to comply
with any notice or order to repair, vacate, or demolish any dangerous
building within 90 days of the receipt of such notice, by such failure,
does empower Borough 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 or demolition, together with a penalty
of 10%, to be charged upon the land upon 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 recover
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 and if the property owner fails to remedy the condition promptly, the Borough Council may 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 § 152-9B of this chapter.
A.
In the event of any provision, section, sentence, clause, or part
of this chapter being held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of this chapter, it being the intent of Borough Council that
such remainder shall be and shall remain in full force and effect;
and for this purpose, the provisions of this chapter are hereby declared
to be severable.
B.
In the event of any legislation by the Commonwealth of Pennsylvania
becoming effective dealing with the same or similar subject matter
as that included herein, such shall remain in full force and effect
if it is more restrictive and not inconsistent with such legislation;
but if such legislation is more restrictive than, inconsistent with,
or both, then this chapter shall be interpreted according to such
legislation and shall be superseded to the extent necessary to give
such legislation appropriate effect. However, all the remainder of
this chapter shall be and shall remain in full force and effect; and
for this purpose, the provisions of this chapter are hereby declared
to be severable.