[HISTORY: Adopted by the Council of the Municipality of Murrysville 11-17-2021 by Ord. No. 1050-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 87, Dangerous Buildings, adopted 2-14-1967 by Ord. No. 21-67, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
DANGEROUS BUILDINGS
All buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:
A. 
Those whose interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
B. 
Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members, or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
C. 
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.
D. 
Those which have been damaged by fire, wind, or other causes have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the residents of the Municipality of Murrysville.
E. 
Those which have become or are so dilapidated, decayed, unsafe, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, to work injury to the health, morals, safety, or general welfare of those living therein.
F. 
Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
G. 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
H. 
Those which have parts thereof which are so attached that they may fall and Injure members of the public or property.
I. 
Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety, or general welfare of the people of this Municipality.
J. 
Those buildings existing in violation of any provision of the Building Code of this Municipality or in violation of the fire prevention code, or other ordinances of this Municipality.
DWELLING
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.
EXTERMINATION
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.
GARBAGE
Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
Presence, within or around a dwelling, of any insects, rodents, or other pests.
OWNER
Person who, alone or jointly or severally with others:
A. 
Shall have legal title to any dwelling, or dwelling unit, with or without accompanying actual possession thereof; or
B. 
Shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and with the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
A piece, parcel, lot, or tract of land.
RUBBISH
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.
STRUCTURE
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. Whenever the words "dwelling, "dwelling unit, or "premises," are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
The following standards shall be followed in substance by the Building Inspector or assistants specially designated thereto and the Municipal Council 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 ordinance, 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.
C. 
In any case where a dangerous building is 50% damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance of the Municipality or statue of the Commonwealth of Pennsylvania, it shall be demolished.
All dangerous buildings within the terms of § 87-1 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided. Further, the owner, mortgagor, agents, or other persons having an interest in any dangerous buildings as shown by the land records of the Recorder of Deeds of the County of Westmoreland, shall not receive compensation, monetary or otherwise because of said building being declared dangerous from the Municipality of Murrysville, any of its employees, or any of its agents.
The Building Inspector or assistants specially designated thereto, shall:
A. 
Inspect or cause to be inspected annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purposes of determining whether any conditions exist which render such places a dangerous building within the terms of § 87-1 of this chapter.
B. 
Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building wall or structure is or may be existing in violation of this chapter.
C. 
Inspect any building, wall, or structure reported (as hereinafter provided for) by the Fire or Police Departments of this Municipality as probably existing in violation of the terms of this chapter.
D. 
Inspect buildings in the Municipality to determine whether they are "dangerous buildings" within the terms of § 87-1 of this chapter.
E. 
Notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building as shown by the Recorder of Deeds of the County of Westmoreland of any building found by him to be a dangerous building within the standards set for in § 87-1 of this chapter, that:
(1) 
The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this chapter.
(2) 
The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession.
(3) 
The owner, mortgagor, agents or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Westmoreland may at his own risk repair, vacate, or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
F. 
Set forth in the notice provided for in Subsection E hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which made the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
G. 
Report to the Municipal Council any noncompliance with the notice provided for in Subsections E and F hereof.
H. 
Appear at all hearings conducted by the Municipality and testify as to the condition of dangerous buildings.
I. 
Place a notice on all dangerous buildings reading as follows:
"This building has been found to be a dangerous building by the Building Inspector, or assistants specially designated thereto. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagor or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Westmoreland. It is unlawful to remove this notice until such notice is complied with."
The Municipal Council shall:
A. 
Upon receipt of a report of the Building Inspector, or assistants specially designated there to, as provider for in § 87-4G hereof, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Westmoreland County, to appear before Council on that date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 87-4F.
B. 
Hold a hearing and hear such testimony as the Building Inspector, or assistants specially assigned thereto, or the owner, occupant, mortgagor, lessee, or any other person having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Westmoreland, shall offer relative to the dangerous building.
C. 
Make written findings of fact from the testimony offered pursuant to Subsection B as to whether the building in question is a dangerous building within the terms of § 87-1 hereof.
D. 
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagor, lessee, agent, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Westmoreland County, to repair, vacate, or demolish any building found to be a dangerous building within the terms of this chapter and provided that any person so notified, except the owners shall have the privilege either of vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the Recorder of Deeds of the County of Westmoreland, may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Municipality against the land upon which said dangerous building stands, as provided in Subsection E hereof.
E. 
If the owner, occupant, mortgagor, or lessee fails to comply with the order provided for in Subsection D hereof, within 10 days, the Municipal Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 87-2 of this chapter and shall, with the assistance of the Municipal Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Municipality, the Municipal Council shall notify the Municipal Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
F. 
Report to the Municipal Solicitor the names of all persons not complying with the order provided for in § 87-5D thereof.
If the owner, occupant, mortgagor, or lessee fails to comply with the order of the Building Inspector within the time specified in the notice issued by the Building Inspector, the Building Inspector shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided. The Municipality may collect the cost of such repair, vacation or demolition together with a penalty of 10% of such cost and lien the property in the manner provided by law.
A. 
The owner, occupant, or lessee in the possession of any building who shall fail to comply with any notice or order to repair, vacate or demolish any such dangerous building, given by any person authorized by this chapter to give such notice or order, or who violates any of the provision of this chapter, or any regulation issued thereunder, shall upon conviction before any magistrate of the Municipality of Murrysville be subject to a fine not exceeding $300 and costs, and in default in payment of the fine and costs shall be subject to imprisonment in the Westmoreland County Jail for a period not exceeding 90 days. Violations on separate days shall be considered separate violations. The provisions for penalty contained in this chapter are in addition to any other remedies provided by this chapter. Any person removing the notice provided for in § 87-4I thereof, shall upon conviction be fined not exceeding $300 and costs, for each offense, and in default of payment of the fine and costs shall be subject to imprisonment in the Westmoreland County Jail for a period not exceeding 90 days.
The Municipal Solicitor shall:
A. 
Prosecute all persons failing to comply with the terms of the notices provided for herein in § 87-4E and F and the order provided for in § 87-5D.
B. 
Appear at all hearings before Municipal Council regarding dangerous buildings.
C. 
Bring suit to collect all municipal liens, assessments, or costs incurred by the Municipal Council in repairing or causing to be vacated or demolished, dangerous buildings.
D. 
Take such other legal action as in necessary to carry out the terms and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to life or safety or any person unless a dangerous building as defined herein, is immediately repaired, vacated, or demolished, the Building Inspector, or assistants specially designated thereto, shall report such facts to the Municipal Council, and the Municipal Council shall cause the immediate repair, vacation, or demolition of such dangerous building. The cost of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided in § 87-5E hereof.
In cases, except emergency cases, where the owner, occupant, lessee, or mortgagor is absent from the Municipality all notices or orders provided for herein shall be sent by certified mail to the owner, occupant, mortgagor, lessee, and all other persons having an interest in said building as shown on the land records of the Recorder of Deeds of the County of Westmoreland, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. Where desirable, the notices and orders provided for herein may be served in the same manner a summons is served in the courts of general jurisdiction.
No officer, agent or employee of the Municipality of Murrysville shall render himself personally liable for any damage that may accrue to persons or property because of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any office, agent, or employee of the Municipality of Murrysville because of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Municipal Solicitor until the final determination of the proceedings therein.
The appointees of the Fire Department shall report in writing to the Building Inspector of all buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this chapter. Such reports must be delivered to the Building Inspector within 24 hours of the discovery of such buildings by any individual of the Municipal Fire Departments.
All employees of the Police Department shall make a report in writing to the Building Inspector of any buildings or structures which are, may be, or are suspected to be dangerous buildings within the terms of this chapter. Such reports must be delivered to the Building Inspector within 24 hours of the discovery of such buildings by any employee of the Police Department.
Except as modified by this chapter, all provisions of all other ordinances of the Municipality of Murrysville shall remain in full force and effect without altercation.
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 affect or impair any of these remaining provisions, sentences, clauses, sections or part of this chapter. It is hereby declared as the intent of the Municipal Council that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
This chapter shall be in full force and effective 10 days from and after its publication, passage, and approval.