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Borough of Brookhaven, PA
Delaware County
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Table of Contents
Table of Contents
CROSS REFERENCES
Certificates of occupancy — See Ch. 1242.
Destruction and moving of buildings — See § 1272.05.
Unoccupied buildings — See Ch. 1448.
STATUTORY REFERENCES
Buildings — See Borough Code, 8 Pa.C.S.A. § 1202.
[Ord. 363, passed 11-29-1976]
The Building Inspector shall, whenever he or she finds a structure or building in such an unsafe condition as to endanger the life, limb or property of any person, give notice to the owner of such property and to the occupiers, mortgagees, judgment creditors, if any, ground rent owners, if any, and taxing authorities that such building is in a dangerous condition.
[Ord. 363, passed 11-29-1976]
The notice referred to in § 1452.01 shall state a time within which repairs to the building or structure must be made to put the building or structure in a safe condition, or within which time the building or structure must be demolished.
[Ord. 363, passed 11-29-1976]
If the owner, occupier, mortgagee, judgment creditor, ground rent owner, taxing authority or any other person having an interest or claiming to have an interest in the property has not caused the building or structure to have been put in a safe condition or demolished within the time stipulated, then the Building Inspector shall certify the proceedings to the Borough Secretary.
[Ord. 363, passed 11-29-1976]
At the next regular meeting of Council or at a special meeting called for the purpose, Council shall inquire into the condition of the building or structure and the propriety of repairing or demolishing the same.
[Ord. 363, passed 11-29-1976]
Notice of the hearing shall be given to all persons or parties interested in the property by registered mail forwarded to their last known address and by posting a copy of the notice upon the property.
[Ord. 363, passed 11-29-1976]
The owner or any other person interested may appear at the hearing and be heard in the matter.
[Ord. 363, passed 11-29-1976]
(A) 
If Council determines that the building or structure is in fact dangerous to the life, limb or property of any person, or a menace to public health or safety, it shall declare it to be and it is hereby declared to be a public nuisance and Council shall direct the repair or demolition of the whole or any part thereof.
(B) 
A notice of the determination of Council shall be forwarded by registered mail to the last known address of the owner or any other person interested and a copy of such notice shall be posted upon the building or structure.
[Ord. 363, passed 11-29-1976]
Council shall not commence the repair or demolition of the structure for a period of 10 days after the decision of Council. During such ten-day period, any party believing himself, herself or itself to be aggrieved by the finding of Council may commence an action in a court of record.
[Ord. 363, passed 11-29-1976]
At the expiration of the ten-day period provided for in § 1452.08, as aforesaid, Council shall, at the expense of the Borough, cause the building or structure in question to be repaired or demolished and the cost thereof shall be a lien upon the property and filed as such in the Court of Common Pleas of Delaware County, together with a penalty of 10% thereof, against the owner in accordance with the applicable statutes of the Commonwealth. Such remedy shall be in addition to the penalty provided in § 202.99.
[1]
Editor's Note: See § 202.99 for general code penalty if no specific penalty is provided.