[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono 11-15-1999 by Ord. No. 13-1999. Amendments noted
where applicable.]
A.
Short title. This chapter shall be known as, and may
be cited as, the “Dangerous Building Ordinance.”
B.
Purpose. The purpose of this chapter is to require
the repair or removal of a dangerous building which has been declared
a public nuisance, and to protect against injury to persons and property,
thereby ensuring the health, safety, and welfare of the citizens of
the Borough of Mount Pocono.
A.
Definitions. For the purpose of this chapter, certain
terms, phrases, and words are defined as follows:
(1)
Words used in the present tense include the future;
words in the masculine gender include the feminine and the neuter;
the singular number includes the plural, and the plural, the singular.
(2)
The terms “shall,” “will,”
or “must” are always mandatory. The words “used
for” include “designed for,” “arranged for,”
“intended for,” “maintained for,” or “occupied
for.” The words “building” and “dwelling”
shall be construed as if followed by the phrase “or part thereof.”
(3)
When terms, phrases or words are not defined, they
shall have their ordinarily accepted meaning or such as the context
may apply.
B.
BOROUGH
BOROUGH COUNCIL
BUILDING
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DWELLING
OWNER
PERSON
STRUCTURE
ZONING OFFICER
Specific terms. Terms or words herein, unless otherwise
expressively stated, shall have the following meanings:
Borough of Mount Pocono, Monroe County, Pennsylvania.
The Council of the Borough of Mount Pocono, Monroe County,
Pennsylvania.
Any combination of materials forming any structure which
is erected on the ground, designed, intended or arranged for the housing,
shelter, enclosure or structural support of persons, animals or property
of any kind. Structures divided by unpierced masonry division walls
extended from the ground to the underside of the roof shall be separate
buildings for the purpose of this chapter.
Any building which meets any of the following criteria:
Those structures whose exterior or interior
wall or other vertical structural member lists, leans, deflects, bows
or buckles to such an extent that a plumb line passing through the
center of gravity falls outside or the middle third at its base.
Those structures which have been deemed by the
Borough Engineer or other appropriate professional to be structurally
unsound, such that under normal loading conditions a significant potential
for structural failure exists.
Those structures which have improperly distributed
loads upon the floor, roof or other load-bearing members resulting
in overloading or in a condition where the floor, roof or other load-bearing
members has insufficient strength to be reasonably safe as utilized.
Those structures which have been damaged by
fire, wind, flood, vandalism, or other causes so as to be dangerous
to life, safety or the general health and welfare of the occupants
or the public.
Those structures which have a component which
is improperly attached and which may fall and injure the occupants
or the public or cause damage to property.
Those structures which lack illumination, ventilation
or sanitation facilities or any other condition which is dangerous,
unsafe, unsanitary or threatens the health, safety, or general welfare
of the occupants or the public.
Those structures which are vacant buildings
which are not adequately secured against entry by animals or unauthorized
entry by the public.
Those structures which are a fire hazard under
Borough or state law or ordinance.
A building arranged, intended, designed or used as living
quarters and/or for sleeping by human occupants.
A person having legal title to the property on which a dangerous
structure is located with or without having actual possession of the
property. For the purposes of this chapter, the term “owner”
shall also include a person having legal responsibility for such property
including, but not limited to, an agent of the titled owner, executor
or administrator of an estate or guardian of the interests of a titled
owner.
Any individual, firm, trust, partnership, public or private
association or corporation or other entity.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. The term
“structure” shall include buildings or dwellings as such
terms are defined above. This definition shall include, but not be
limited to, foundations, signs, decks, porches, swimming pools and
the like.
The person or persons designated by the Borough Council to
implement and enforce this chapter.
The following standards shall be followed by
the Zoning Officer of the Borough in ordering repair, vacation, or
demolition of a building found to be a dangerous building after an
investigation and consultation with any necessary expert:
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter, it shall be ordered to be repaired.
B.
If the dangerous building is in such a condition as
to make it dangerous to the health, safety, or general welfare of
its occupants, or the public, and is so posted, it shall be ordered
to be vacated within such length of time, not exceeding 30 days, as
is reasonable.
C.
No dwelling or dwelling unit which has been posted
as unfit for human habitation shall again be used for human habitation
until written approval is secured from, and such posting is removed
by, the Zoning Officer. The Zoning Officer shall remove such posting
whenever the defect or defects upon which the posting action were
based have been eliminated.
D.
In the event the Borough, after consultation with
the Zoning Officer or the Borough Engineer, determines that a dangerous
building cannot reasonably be repaired so that it will no longer exist
in violation of the terms of this chapter, it shall be ordered to
be demolished. However, the owner may avoid demolition if he or she
can prove to the satisfaction of the Borough, with appropriate professional
evidence and/or testimony, that the structure can in fact be repaired
so as to comply with chapter and agrees in writing to make all repairs
required by the Borough within a time period not exceeding 90 days,
established by the Borough; during such repairs the Borough may require
the owner to take such precautions as the Borough deems necessary
in order to prevent such structure from becoming an attractive nuisance
or a potential danger to persons or property.
A.
When the Borough becomes aware that a building may
be dangerous, the Zoning Officer shall inspect the building to determine
whether any of the conditions exist which render such building a dangerous
building in accordance with this chapter. The property owner must
permit access to a building or structure to the Zoning Officer, and
all Borough representatives, officials and designees, where the Borough
has determined in its discretion that competent evidence exists that
a violation of this chapter exists.
B.
The Zoning Officer may seek the advice of a consultant
or expert if necessary to evaluate whether a structure is a dangerous
building. Any determination regarding the structural stability of
a structure must be made by the Borough Engineer or other appropriate
professional.
C.
Whenever an inspection reveals that a building is
a dangerous building, the Zoning Officer shall issue a written notice
to the owner or individual responsible for the property. The notice:
(1)
Shall include a statement of the reason it is being
issued.
(2)
Shall state a reasonable time to rectify the conditions
constituting the nuisance or to remove and demolish the dwelling,
building or structure and the penalty for failing to comply with the
notice as set forth in this chapter.
(3)
Shall be served upon the owner, or his or her agent,
or other persons responsible for the property.
(a)
The notice of violation shall be deemed to be properly
served upon the owner, or his or her agent, or other person responsible
for the property if served by certified mail, return receipt requested,
restricted delivery to the owner; or by personal service, at the address
of the owner on file at the Monroe County Assessor’s Office.
(b)
If service as above described cannot be effected,
service by publication may be accomplished after a good faith effort
is documented of attempts to locate the owner, agent or other responsible
party.
(c)
The notice shall also be prominently posted on the
premises by the Zoning Officer.
(4)
May contain an outline of remedial action which, if
taken, will effect compliance with provisions of this chapter.
(5)
May include a fine, which if not paid, shall be a
summary offense under Pennsylvania law.
D.
The Zoning Officer, and/or an expert or designee of
the Borough, shall appear at all hearings conducted by Borough Council
and testify as to the condition of a dangerous building.
E.
The Zoning Officer or Borough designee shall post
a copy of the notice of violation on the dangerous building in a conspicuous
location. It shall be a violation of this chapter for any person to
remove the posted notice.
A.
Any owner aggrieved by any action of the Zoning Officer
hereunder shall have a right of appeal directly to the Mount Pocono
Borough Council.
B.
Any owner may appeal in writing to the Council. All
appeals shall state the basis of the relief requested.
C.
Any appeal shall be filed within 10 days of receipt
by the owner of notice from the Zoning Officer. An appeal shall either
be personally delivered to the Borough Secretary or mailed to the
Borough Secretary by certified mail, return receipt requested. The
appeal must actually be received by the Borough Secretary within 10
days of receipt by the owner of notice of violation, unless mailed
as above stated, wherein such appeal shall be considered timely filed
if postmarked within said ten-day period.
D.
Upon receipt of a notice of appeal, a hearing shall
be scheduled before Borough Council within 10 days of receipt of such
notice.
E.
The Zoning Officer shall be present at the hearing
and present evidence supporting the notice of violation. The owner
may present evidence supporting the appeal, as well as cross-examine
any Borough witnesses. The local agency shall govern all proceedings
before the Borough Council.
F.
Any appeal shall act as a stay of any action of the
Zoning Officer hereunder unless the Zoning Officer certifies that
there is an immediate threat to the health, safety and welfare of
any occupant or adjacent property owner. Such certification shall
appear in the notice of violation, in what event any appeal shall
not act as a stay of the Zoning Officer’s action.
A.
Abatement by Borough. If the owner and/or occupant
fails to comply with the order of the Zoning Officer within the time
specified in the notice, and no request for a hearing is filed within
30 days, or following a hearing by the Borough Council sustaining
the notice of violation, the Zoning Officer, upon receiving the approval
of the Borough, shall cause such a building or structure to be repaired,
vacated and/or demolished as determined by the Borough Council. The
Borough may collect the cost of such repair, vacation or demolition
together with a penalty determined by Borough Council, in the manner
provided by law; and/or the Borough may seek injunctive relief in
a court of competent jurisdiction.
B.
Penalties. Any person who violates any provision of
this chapter, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 per offense, plus
costs, and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days. Each day that a violation of
this chapter continues shall constitute a separate offense.
A.
Owners severally responsible. If the building or structure
is owned by more than one owner, such owners shall severally be subject
to prosecution for the violation of this chapter.
B.
Remedies not mutually exclusive. The remedies provided
herein for the enforcement of this chapter, or any remedy provided
by law, shall not be deemed mutually exclusive; rather, they may be
employed simultaneously or consecutively, at the option of the Borough
Council.
