[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox 6-18-1990 by Ord. No.
454. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated unless a different meaning clearly appears from
the context:
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, factory, warehouse, school
or similar structure.
Any building, structure or portion thereof which threatens
the health, safety or property of the public or its occupants by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
damage or abandonment. The conditions which may cause a structure
to be classified as a "dangerous building" include but are not limited
to the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Those existing in violation of any provisions of the Pennsylvania Uniform Construction Code, Chapter 410, Property Maintenance, of the Code of the Borough of Blawnox, or any other ordinance of the Borough of Blawnox.
Conditions of deterioration, damage, decay, or faulty construction
of a building or structure, or any part thereof, which could lead
to partial or complete collapse.
Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.
Those which, exclusive of the foundation, show damage or deterioration
to 33% of the supporting member or members or damage or deterioration
to 50% of the nonsupporting enclosing or outside walls or coverings.
Those which have improperly distributed loads upon the floors
or roofs in which the same are overloaded, or which have insufficient
strength to be reasonably safe for the proposed use.
Conditions present in any room, hallway, stairway or other area
that renders a safe and adequate means of exit in case of emergency
as completely or partially inaccessible.
The building or structure is not sufficiently secured to prevent
access by children, transients, vagrants, or animals who might try
to gain access.
The building or structure used or intended to be used for dwelling
purposes is unsanitary, unfit for human habitation or in such condition
that it is likely to cause sickness or disease because of inadequate
maintenance, dilapidation, decay, damage, faulty construction, or
inadequate sanitation facilities.
The building or structure creates a fire hazard by virtue of
its obsolescence, dilapidated conditions, deterioration, damage or
other cause.
Any portion of the building, including the basement, foundation,
slab or grade, which remains on a site after the demolition or destruction
of the building and which constitutes an attractive nuisance, harbors
vermin, retains water, or poses any hazard.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Person who, alone or jointly or severally with others, shall
have legal title to any dwelling with or without accompanying actual
possession thereof or shall have charge, care or control of any dwelling
as owner or agent of the owner. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this
chapter and with rules and regulations adopted pursuant thereto to
the same extent as if he were the owner.
Any individual, firm, corporation, association or partnership
or other legal entity.
A piece, parcel, lot or tract of land.
Combustible and noncombustible waste materials, except garbage,
including residue from the burning of wood, coal, coke, and other
combustible material, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust.
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
All dangerous buildings within the terms of § 186-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
The following standard shall be followed in substance by the
Building Inspector of the Borough of Blawnox in ordering repair, vacation
or demolition:
A.
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B.
If the dangerous building is in such condition as to make it dangerous
to the health, safety or general welfare of its occupants, or the
public, and is placarded, it shall be ordered to be vacated within
such length of time, not exceeding 30 days, as is reasonable.
C.
No dwelling which has been placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from, and such placard is removed by, the Building Inspector
of the Borough of Blawnox. The Building Inspector shall remove such
placard whenever the defect or defects upon which the placarding action
were based have been eliminated.
D.
If a dangerous building is 50% or more damaged or decayed or deteriorated
from its original condition; if a dangerous building cannot be repaired
so that it will no longer exist in violation of the terms of this
chapter; or if the owner of the building which is repairable fails
to make the required repairs within the allotted time period as provided
in a notice to make said repairs from the Borough Building Inspector;
or if a dangerous building is a fire hazard existing or erected in
violation of the terms of this chapter or any ordinance of the Borough
of Blawnox or statute of the Commonwealth of Pennsylvania, it shall
be ordered to be demolished.
A.
The Building Inspector of the Borough of Blawnox shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 186-1 above.
B.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Building Inspector shall issue a
written notice to the person or persons responsible therefor, with
a copy of said notice issued to the Borough Council of the Borough
of Blawnox. The notice:
(1)
Shall be in writing;
(2)
Shall include a statement of the reasons it is being issued;
(3)
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure,
said time not to be less than 15 nor more than 30 days;
(4)
Shall be served upon the owner, or his agent, or the occupant, as
the case may require:
(a)
Except in emergency cases and where the owner, occupant, lessee
or mortgagee is absent from the Borough of Blawnox, all notices shall
be deemed to be properly served upon the owner, occupant or other
person having an interest in the dangerous building if a copy thereof
is served upon personally, or if a copy thereof is posted in a conspicuous
place in or about the structure affected by the notice, or if he is
served with such notice by any other method authorized or required
under the laws of the Commonwealth of Pennsylvania.
(b)
Except in emergency cases, in all other cases where the owner,
occupant, lessee or mortgagee is absent from the Borough of Blawnox,
all notices or orders provided for herein shall be sent by registered
mail to the owner, occupant, and all other persons having an interest
in said building to the last-known address of each person and a copy
of such notice shall be posted in a conspicuous place on a dangerous
building to which it relates. Such mailing and posting shall be deemed
adequate service.
(5)
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
C.
The Building Inspector shall appear at all hearings conducted by
the Borough of Blawnox Borough Council, and testify as to the condition
of dangerous buildings.
In lieu of, or in addition to, the provisions of § 186-4 of this chapter regarding inspection and reporting by the Building Inspector, the Council of the Borough of Blawnox may submit a request to the Allegheny County Health Department to investigate and examine the buildings and structures within the Borough of Blawnox and to make recommendations with respect thereto.
A.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this chapter, may request
and shall be granted a hearing on the matter before the Borough Council
of the Borough of Blawnox, provided that such person shall file with
the Borough Secretary a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 10
days after the day the notice was served. Upon receipt of such petition,
the Borough Secretary shall set a time and place for said hearing
and shall give the petitioner written notice thereof. At said hearing,
the petitioner shall be given an opportunity to be heard and to show
why such a notice should be modified or withdrawn. The hearing shall
be commenced not later than 30 days after the day on which the petition
was filed.
B.
After such hearing, the Borough Council of the Borough of Blawnox
shall sustain, modify or withdraw the notice. If the Borough Council
sustains or modifies such notice, it shall be deemed to be an order.
Any notice served pursuant to this chapter shall automatically become
an order if a written petition for a hearing is not filed with the
Borough Secretary within 10 days after said notice is served.
No person shall remove or deface the notice of dangerous buildings except as provided in § 186-3 hereof.
Whenever the Building Inspector finds that an emergency exists
which requires immediate action to protect the public health, safety
or welfare he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as is necessary to meet the emergency. The cost of such emergency
repair, vacation or demolition of such dangerous building shall be
collected in the same manner as provided herein for other cases.
If the owner, occupant, mortgagee, or lessee fails to comply
with the order of the Building Inspector within the time specified
in the notice issued to him and no petition for a hearing is filed
within 10 days thereafter, or, following a hearing by the Borough
Council where the order is sustained thereby, the Building Inspector
shall cause such building or structure to be repaired, vacated, or
demolished as determined by the Borough Council in accordance with
the standards hereinbefore provided. The Borough of Blawnox may collect
the cost of such repair, vacation, or demolition together with a penalty
of 10% of such cost in the manner provided by law. Or the Borough
of Blawnox may seek injunctive relief in a court of competent jurisdiction
pursuant to the Rules of Civil Procedure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
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 Allegheny County.
All ordinances or resolutions or parts of ordinances or resolutions
which are in conflict herewith are hereby repealed to the extent of
said conflict.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not effect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Borough of Blawnox that this chapter would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
