[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs Ord. No. 2019-01. Amendments noted where applicable.]
An ordinance of the Borough providing for the vacating, removal,
repair or demolition of any buildings or structures dangerous to the
health, safety and welfare of the people of the Borough; and setting
forth the procedure and rules for determining dangerous structures.
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.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise. When not inconsistent
with the context, words used in the present tense include the future,
words in the plural number include the singular number, words in the
singular shall include the plural, and words in the masculine shall
include the feminine and the neuter.
An individual of legal majority or entity who has been designated
by the owner as the agent of the owner, manager of the property or
legal entity under the provisions of this chapter.
Mount Holly Springs Borough.
The Building Code officially adopted by the governing body
of the Borough, or other such codes officially designated by the governing
body of the Borough for the regulation of construction, alteration,
addition, repair, removal, demolition, location, occupancy, and maintenance
of buildings and structures.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
Existing elected or appointed members of the Borough Council.
All buildings or structures which have any or all of the following defects; as set forth in § 211-3 herein.
Defined as calendar days unless otherwise specified.
A single habitable unit, providing living facilities for
one or more persons, including permanent space for living, sleeping,
eating, cooking, bathing and sanitation, whether furnished or unfurnished.
There may be more than one dwelling unit on premises.
Citizens Fire Company or any member thereof, including the
Fire Chief or his designee or any other designated fire emergency
service operating on behalf of Mount Holly Springs Borough.
Any person authorized by law, ordinance or resolution to inspect buildings or systems (e.g., zoning, housing, plumbing, electrical systems, heat systems, mechanical systems, and health) necessary to operate or use buildings within the Borough. An "inspector" would include those identified in § 211-7, Enforcement procedures.
International Property Maintenance Code standard adopted
by the Borough.
A person age 18 or older who resides at a premises either
permanently or temporarily.
The office of Code Enforcement for the Borough.
Any person or entity who has charge, care, or control of
a premises which is offered or let for occupancy.
Any person, entity, agent, or operator having a legal or
equitable interest in the property; or recorded in the official records
of the state, county, or municipality as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court of competent jurisdiction.
An owner who resides in a dwelling unit on a regular permanent
basis, or who otherwise occupies a nonresidential portion of the premises
on a regular permanent basis.
Any person, partnership, firm, association, corporation or
municipal authority or any other group acting as a single unit.
The Mount Holly Springs Borough Police Department or any
member thereof sworn to enforce laws and ordinances in the Borough,
and includes the Chief of Police or his designee.
Any parcel of real property in the Borough including the
land and all buildings and structures in which one or more rental
units are located.
Is always mandatory and not merely directory.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Zoning Ordinance as officially adopted by the Mount Holly
Springs Borough.[1]
A.
The words "dangerous buildings or structure" shall mean all the buildings
or structures which have any or all of the following defects; and
all such buildings or structures shall be deemed "dangerous buildings
or structures" as:
(1)
Those which have been damaged by fire, wind or other cause so as
to fail utterly to provide the amenities essential to living and are
unfit for human habitation;
(2)
Those which have been damaged by fire, wind or other cause so as
to have become dangerous to the life and safety, or the general health
and welfare of the occupant or the people of the Borough;
(3)
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
that they are unfit for human habitation;
(4)
Those which have become or are so dilapidated, decayed, unsafe, unsanitary
or which are likely to cause accidents, sickness, or disease, so as
to work injury to the health, safety or general welfare of those living
therein as well as other citizens of the Borough;
(5)
Those which have parts thereof which are so attached that they might
fall and injure members of the public or adjoining property; or
(6)
Those which because of their general condition are unsafe, unsanitary
or dangerous to the health, safety or general welfare of the people
of the Borough;
B.
All "dangerous buildings or structures" are hereby declared to be
public nuisances and shall be repaired, vacated and/or demolished
consistent with the requirements of this chapter.
C.
Each day a nuisance in the form of a dangerous building or structure
continues after notice is given that said dangerous building or structure
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 Council or to the Mayor or their designee. 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 Council of the Borough shall:
A.
Upon receipt of a report in accordance with the investigation procedure provided hereinabove in § 211-4 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 Cumberland County, 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 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 Council or determination made by Council;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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; and
D.
Within not more than 30 days following the hearing provided for above
shall issue an order, based upon findings of fact made pursuant demanding
the owner of said building to repair, demolish or vacate any building
found to be a dangerous building.
The following standards shall be followed in substance by the
Council in ordering repair, vacation or demolition of a dangerous
building or structure, after investigation:
A.
If the dangerous building or structure can be repaired as determined
by the 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 or structure is in such condition as to
make it dangerous to the health, safety, or general welfare of its
occupants, it shall be ordered to be vacated.
C.
If the dangerous building or structure cannot be reasonably repaired
as determined by the Council, it shall be demolished.
D.
If the dangerous building or structure is a fire hazard or 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 building or structure is deemed to be a dangerous building/structure within the standards of this chapter after the hearing, then Council within the time set forth in § 211-5 of this chapter shall cause notice of this order issued under § 211-6 of this chapter to be served upon the owner of such dangerous buildings or structures 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 of a dangerous building or structure if such owner
resides 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 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 Cumberland
County in the Commonwealth of Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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/structure and include an
order requiring the same to be put in such condition as to conform
with the terms of this chapter; provided further, 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 or structure 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 § 211-6 of this chapter or who violates any of the other provisions of this chapter, shall, upon conviction before a Magisterial District Judge, be subject to a fine not less than $300 and not to exceed $1,000 plus costs and attorney's fees accrued in enforcement, and in default of payment of the fine and costs shall be subject to imprisonment for a period not to exceed 30 days. Each day of a violation shall be considered separate violations and offenses.
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 the 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 therefore to be charged upon the land as
a lien; and this subsection is separate from 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, the Council shall 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 § 211-8 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 the chapter, it being the intent of the Borough 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
the 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.
All ordinances or parts of ordinances expressly inconsistent
herewith, or dealing with the same or similar subject matter of this
chapter, are expressly repealed.
This chapter shall be effective within five days after adopted
by the Council and approved by the Mayor.
