[Ord. 768, 2/7/2011]
This Ordinance shall apply uniformly to all persons, business
organizations, non-profit organizations, and all other legal entities;
and it shall apply uniformly to all property and all property owners
within the Borough.
[Ord. 768, 2/7/2011]
Unless otherwise specifically defined below, words or phrases
used herein shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the Ordinance its most
reasonable application consistent with its intent.
The Borough of Nazareth.
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, plant, factory, warehouse,
school, or similar structure.
All the buildings or structures which have any or all of
the following conditions or defects:
Those which have been damaged by fire, wind, flood, deterioration,
neglect, abandonment, vandalism or other cause so as to fail to provide
the amenities essential to decent living or are unfit for human habitation;
Those which have been damaged by fire, wind, flood, deterioration,
neglect, abandonment, vandalism or other cause so as to have become
dangerous to the life, safety, or the general health and welfare of
the occupants or the public;
Those which are in such a state or condition as to cause an
offensive odor or unsanitary condition, or have become so dilapidated,
decayed, unsafe that they fail to provide the amenities essential
to decent living;
Those which have parts thereof which are so attached that they
might fall and injure members of the public or adjoining property;
[Ord. 768, 2/7/2011]
All dangerous buildings as defined in § 10-402 of this Ordinance are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
[Ord. 768, 2/7/2011]
The following standards shall be followed in substance by the
Code Enforcement Officer in ordering repair, vacation or demolition
of a dangerous building:
1.
If the
dangerous building can be repaired, as determined by the Code Enforcement
Officer, so that it will no longer exist in violation of the terms
of this Ordinance, it shall be ordered repaired.
2.
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.
3.
If the
dangerous building cannot be reasonably repaired as determined by
the Code Enforcement Officer, it shall be demolished.
[Ord. 768, 2/7/2011]
1.
If any
structure is deemed to be a dangerous building within the standards
of this Ordinance the Code Enforcement Officer shall cause notice
of this order to be served upon the owner or owners of such dangerous
buildings or to the occupant, mortgagee, lessee, agent or any other
person found with an interest in said dangerous building who can be
located.
2.
The notice
and order required by this section shall be served personally upon
the owner of a dangerous building 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 for the County of Northampton, Commonwealth
of Pennsylvania.
3.
The notice
and order shall identify the building deemed dangerous; contain a
statement of the particulars which made this building a dangerous
building and include an order requiring the same to be put in such
condition so as to conform to the terms of this Ordinance; in any
case where the notice prescribes the repair of any building, the owner
thereof shall have the option to remove such building in lieu of making
repairs thereto within the time period provided.
4.
The notice
and order shall require any person notified to repair, vacate or demolish
any dangerous building 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.
[Ord. 768, 2/7/2011]
1.
Any owner, occupant or lessee who is in possession of any dangerous building who shall fail to comply notice or order to repair, vacate or demolish any dangerous building issued under § 10-405 of this Ordinance, shall upon conviction before a District Justice, be subject to a fine not exceeding $600 plus costs, 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.
2.
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 receipt of such notice, by such failure does empower the
Code Enforcement Officer 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 and in addition to the
fine, penalty and costs which may be imposed by any other subsection
of this section.
[Ord. 768, 2/7/2011]
The Borough hereby authorizes the procedure described in 40
P.S. § 638 to be implemented providing no insurance company doing
business in the State shall pay a claim of a named insured for fire
damage to a structure located within the Borough unless the applicable
provisions of 40 P.S. § 638 are fully complied with. The Code
Enforcement Officer is hereby designated as the municipal official
responsible for compliance with this section.
[Ord. 768, 2/7/2011]
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 Code Enforcement Officer may 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 in § 10-406, Subsection 2, of this Ordinance.
