The designation of dwellings or dwelling units as unfit for human habitation
and the procedure for the condemnation and placarding of such unfit dwellings
or dwelling units or structures shall be carried out in compliance with the
following requirements.
Any dwelling or dwelling unit which shall be found to have any of the
following defects shall be condemned as unfit for human habitation and shall
be so designated and placarded by the Borough Building Inspector, Engineer
and Fire Prevention Officer:
A. One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard to the health or
safety of the occupants or the public.
B. One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants or of
the public.
C. One which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health or safety of the occupants
or to the public.
Any dwelling or dwelling unit or other structure condemned as unfit
for human habitation or use and so designated and placarded by the Borough
Building Inspector, Engineer and Fire Prevention Officer shall be vacated
within a reasonable time as ordered by the Borough Building Inspector and
may be removed in whole or part by the Borough of Mount Oliver, its employees,
agents or representations.
No dwelling or dwelling unit or other structure which has been condemned
and placarded as unfit for human habitation or use shall again be used for
human habitation or use until written approval is secured from, and such placard
is removed by, the Borough Building Inspector, Engineer and Fire Prevention
Officer. The Borough Building Inspector shall remove such placard whenever
the defect or defects upon which the condemnation and placarding action were
based have been eliminated.
No person shall deface or remove the placard from any dwelling or dwelling unit or other structure which has been condemned as unfit for human habitation and placarded as such, except as provided in §
79-4 of this chapter. Any violation of this section shall subject the offender to a fine in an amount not exceeding one thousand dollars ($1,000.) plus costs of prosecution and, in default of payment of said fine or costs, to a term of imprisonment not exceeding thirty (30) days.
Any person affected by any notice or order relating to the condemning
and placarding of a dwelling or dwelling unit or other structure as unfit
for human habitation or use may request and shall be granted a hearing on
the matter before the Council of the Borough of Mount Oliver under the procedure
established by Borough Council.
All costs and expenses, together with a penalty of ten percent (10%)
of said costs, incurred by the Borough of Mount Oliver in removing a condemned
dwelling, dwelling unit or other structure, in whole or in part, shall become
a lien against the subject property as of the date said costs or expenses
are incurred.