[HISTORY: Adopted by the Borough Council of the Borough of Middletown 3-10-1969 by Ord. No. 545, approved 3-10-1969. Amendments noted where applicable.]
Property maintenance — See Ch. 210.
[Amended 7-9-1973 by Ord. No. 629, approved 7-9-1973; 5-1-2018 by Ord. No. 1349, approved 5-1-2018]
Pursuant to the power set forth in Section 1202, Subsection 48 of the Borough Code, and for the purpose of carrying said section into effect, there is created in the Borough of Middletown an Historical Restoration Commission, which Commission shall be composed of seven persons, one of whom shall be appointed to serve for a term of one year from January 1, 1969, two persons to serve for a period of two years, one person to serve for three years, two persons to serve for four years and one person to serve for five years. Thereafter, following the original appointments, the terms of the members of the Historical Restoration Commission shall be for a term of five years. These members shall serve from the date of their appointment by the Borough Council for the terms herein stated and until their successors are duly appointed and qualified.
Editor's Note: See 8 Pa.C.S.A. § 1202.
In the event that a member of the Commission shall resign their appointment prior to the natural expiration of their term, any individual appointed in replacement thereof shall be appointed to serve the remaining period of the resigning member's term. Only upon the natural expiration of the resigning member's term shall the replacement member be eligible for subsequent appointment to a full five-year term.
The Commission shall seek out and maintain a written catalogue file of all property of historical or antiquarian interest within the Borough of Middletown.
The Commission shall encourage private property owners who own property of an historical or antiquarian value to maintain, restore and repair this property.
The Historical Restoration Commission is directed and authorized to maintain public ancient landmarks and other public property of historical or antiquarian interest located in the Borough of Middletown and to seek the technical assistance that may be provided by the Pennsylvania State Historical Commission. It shall adopt rules and regulations controlling the maintenance, restoration, repair, operation and supervision of ancient public landmarks and other property of historical or antiquarian interest.
The Commission shall have the power to promote the preservation of historic sites, landmarks and other property of an historical or antiquarian nature associated with the history of the Borough of Middletown and also to promote educational interest in all such historical matters.
The Commission shall have the power to recommend to the Borough Council that certain historical or ancient sites and landmarks be acquired by the Borough, either by gift or purchase.
The Commission shall have the power to designate historical and antiquarian sites and landmarks and to administer and control such sites and landmarks as may be acquired by the Borough of Middletown. It shall also have the power to transfer, with the approval of the Borough Council, any object of historical or antiquarian value or significance which the Commission may decide it does not desire to use or display to the proper state agency or other historical society or association which may use it for such purpose or purposes as may be needed.
The Commission shall have the power to accept on behalf of the Borough of Middletown, with the approval of the Borough Council, all gifts, consisting of documents, paintings and other objects of historical or antiquarian value, as well as money for the uses and purposes as set out in this chapter or any amendment hereto.
The Commission shall have the power to administer the operation of any museum or museums that may be established by said Commission after first receiving approval for its or their establishment from the Borough Council.
The Historical Restoration Commission shall have the right, subject to the approval of the present property owner and to Council consent, to certify various structures or sites of historical, artistic, architectural or antiquarian value and worthy of preservation. The Borough will finance all costs pertaining to certification and recording fees.
Buildings or sites thus certified shall be marked with appropriate plaques or markers. The Borough will finance the cost of the plaques or markers from Borough funds or from donations from service clubs or private interests.
Buildings or sites thus certified may not be destroyed or externally denatured without consent of the Borough Council, acting upon the advice of the Historical Restoration Commission.
The Commission shall have exclusive custody and control of all ancient public landmarks and other property of historical or antiquarian interest committed to it by the Borough Council or the Commonwealth of Pennsylvania under any statute or ordinance placing the same under the supervision and under the control of the Pennsylvania State Historical Commission. The Commission shall have no power to expend any funds of the Borough without those funds first being appropriated by the Borough Council by proper ordinance or motion. Requests for funds shall be submitted to the Borough Council by the Commission no later than September 1 of any year for inclusion in the following year's budget.
[Amended 5-1-2018 by Ord. No. 1349, approved 5-1-2018]
The Historical Restoration Commission shall meet regularly at a stated time and place at least four times annually and shall hold such other meetings as may be required to perform the duties prescribed in this chapter. The Historical Commission shall submit an annual report of its activities to the Borough Council.
Special meetings of the Historical Restoration Commission may be held at the call of the Chairman or any three members, at which meeting no other business shall be transacted except that specified in the call.
The ordinary rules of order shall govern the transaction of all business, and four members shall constitute a quorum. The order of business shall be conducted in accordance with such rules and regulations as the Historical Restoration Commission shall adopt.
The Historical Restoration Commission may, from time to time, adopt such rules and regulations and issue such reasonable orders as may be needful for the protection and care of such ancient landmarks and other property of historical or antiquarian interest which may come under its care and protection and as may be needful for the protection of said property so that its cultural aspect may be maintained for the people of the Borough, State of Pennsylvania and all others who may have interest in said ancient landmarks or other property of historical or antiquarian interest located in the Borough of Middletown. It may adopt rules as to when said property will be open for inspection by the public and when said property may be inspected by students or others studying the cultural aspect of the historical property, and said notices shall be posted in the offices of the Borough and all such ancient landmarks and other property of historical or antiquarian interest which may be opened to the public. Before these rules become operative or any amendment thereto shall become operative, they shall be approved by the majority vote by the members of the Borough Council as provided for in the Borough Code.
The Historical Restoration Commission shall have general supervision over the sanitary conditions of the ancient landmarks and other property of historical or antiquarian interest, and it shall be its duty to maintain said property in a clean and sanitary condition and allow no nuisance to be created, and if one should be created, the Commission shall abate said nuisance immediately in accordance with the Borough Code and the laws of the state and ordinances of the Borough of Middletown.