[HISTORY: Adopted by the Mayor and Council of the Borough of Blawnox 12-14-2017 by Ord. No. 593. Amendments noted where applicable.]
The Council of the Borough of Blawnox, Allegheny County, Pennsylvania, finds that the removal of nuisances is in the interest of the citizens of the Borough and that the removal of nuisances promotes the public health, safety and welfare of all residents of the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
Any unregistered or uninspected motorized vehicle which is without a currently valid license plate or plates and/or is in a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition.
ATTRACTIVE NUISANCE
A condition, building, or instrumentality on a premises which is dangerous to young children because of their inability to appreciate peril and which may reasonably be expected to attract them to the premises.
DANGEROUS BUILDING
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)]
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
Conditions present in any room, hallway, stairway or other area that render a safe and adequate means of exit in case of emergency as completely or partially inaccessible.
G. 
The building or structure is not sufficiently secured to prevent access by children, transients, vagrants, or animals who might try to gain access.
H. 
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.
I. 
The building or structure creates a fire hazard by virtue of its obsolescence, dilapidated conditions, deterioration, damage or other cause.
J. 
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.
NUISANCE
Any condition or use of buildings or premises which is detrimental to the property of others or which causes or tends to cause diminution in the value of other property in the surrounding neighborhood, or which constitutes a threat to the health or safety of the public. This includes, but is not limited to, any of the following:
A. 
The keeping, depositing, or scattering of any junk, trash, or debris.
B. 
The keeping or depositing of abandoned, discarded or unused objects or equipment, such as unregistered or uninspected motor vehicles, furniture, or appliances.
C. 
The presence of any dangerous structures, buildings, or parts of buildings, whether abandoned or occupied.
D. 
The presence upon any porch or exterior attachment that is substantially exposed to the elements of furniture which is commonly intended for use inside a dwelling, including but not limited to upholstered sofas, chairs, beds, and the like, but excluding furniture that is clearly designed for exterior use.
E. 
Weeds, grass or other uncultured vegetation not edible or planted for some useful or ornamental purpose, more than six inches in height when measured from the surface of the ground, provided that scattered weed growth on lawns occurring between mowing shall not constitute a nuisance.
F. 
Trees, shrubs, hedges or other vegetation overhanging sidewalks or other pedestrian walkways at a height less than eight feet.
G. 
Trees, shrubs, hedges or other vegetation overhanging a road right-of-way at a height of less than 16 feet, measured from the street surface at the curb.
H. 
Garbage, garbage containers, or trash stored in the front of a building on a porch or front yard, except for the 24 hours immediately prior to and following the regularly scheduled collection of trash.
I. 
Harboring or providing shelter for any animals, either domestic or wild, in such a way that the number of animals or conditions present constitute a threat to the health and safety of the public or the animals themselves.
J. 
The keeping as pets, raising and/or farming of domesticated birds, including, but not limited to, chickens/roosters, ducks or turkeys.
[Added 11-12-2020 by Ord. No. 613]
OWNER
Any person having an ownership interest or right of use as tenants, lessees and/or occupants of real property within the Borough.
PERSON
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
Nuisances, as defined herein, are hereby declared to be illegal.
A. 
Abatement of nuisance by owners. The owner, owners, tenants, lessees and/or occupants of any real property within the Borough upon which a nuisance is found to exist shall jointly and severally be liable for violations of this chapter arising from the failure to promptly abate a nuisance after receiving proper notice.
B. 
Abatement of nuisance by Borough. When owner(s) fail to abate a nuisance after receiving proper notice, the Borough may take such action as is necessary to abate the nuisance without liability for damage to the property. The costs of abating the nuisance, including actual labor charges, equipment, rental charges, postage and 25% of the costs for administrative overhead, shall be collected from the owner of the premises either by a civil action or by the filing of a municipal claim or lien against the real property, or by any other process provided by law.
A. 
Whenever a condition constituting a nuisance is permitted or maintained upon real property in the Borough, the Borough shall provide written notice to the owner in one of the following ways:
(1) 
By personal delivery of the notice to the owner, occupant, tenant or lessee.
(2) 
By leaving the notice with an adult upon the premises.
(3) 
By attaching a copy of the notice to the door at the entrance of the premises in violation.
(4) 
By mailing, by certified mail, a notice to the last-known address of owner.
B. 
Such notice shall set forth in what respects such conditions constitute a nuisance and whether removal is necessary and required by the Borough or whether the situation can be corrected by repairs, alterations or by boarding or fencing or in some other manner confining and limiting the nuisance.
C. 
Such notice shall require the owner to commence action to abate the nuisance within seven days of the date of notice. The owner shall fully abate the nuisance within a reasonable amount of time, but in no case later than 30 days from the date of said notice unless otherwise approved by the Borough; provided, however, that if a violation requires immediate correction, the notice shall require the owner to abate the nuisance within a clearly defined time frame.
D. 
Each day that a nuisance exists shall constitute a separate violation if no substantial action to abate the nuisance is commenced within seven days of the notice of violation.
E. 
Whenever a condition allegedly constituting a dangerous building shall remain unabated following notice by the Borough, then the Borough may institute condemnation proceedings to have the building or structure declared a dangerous building and the nuisance abated.
[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, plus costs of restitution in a case in which the Borough has abated the nuisance. 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.
[1]
Editor's Note: See also Subsections F(3) and H(4) of § 410-11.
All prior ordinances or parts thereof which are inconsistent with this chapter are hereby repealed.
If any provision or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such provision or part shall be excluded from the chapter and shall not affect or impair any remaining provision or part of the chapter.
This chapter shall become effective on the date of adoption.