[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg 5-29-1990 by Ord. No. 2354. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 200.
As used in this chapter, the following terms
shall have the meanings indicated:
Any employee of the Borough who has been designated or who
has been assigned the duties of code enforcement under the BOCA Building
Code, the Wilkinsburg Housing Code or Fire Code, or who has been assigned
the duties of building inspection within the Borough.
Any structure or building within the Borough of Wilkinsburg
that, as a result of a deteriorated condition, constitutes a danger
to public health, safety or welfare; or constitutes an attractive
nuisance to children; or, as a result of neglect, nonrepair, fire
or other casualty or act of God, is capable of collapse; or, as a
result of a deteriorated condition, may cause injury to persons or
property; or has remained in a state of neglect or disrepair for a
period of one year or longer.
A.
Code enforcement employees of the Borough shall have
the right to enter upon any property within the Borough and shall
have the right to enter any structure within the Borough for the purpose
of conducting an inspection of the property and structure. Code enforcement
officers shall have the right and duty to file a report and order
for any property for violations of the BOCA Building Code, the Wilkinsburg
Housing Code or Fire Code; and, further, shall have right and duty
to require the owner of any structure within the Borough to repair
or to remove any dangerous structure or condition.
B.
The Code Enforcement Officer shall file a report with
the Borough concerning the condition of any dangerous structure. Said
report shall specify the reasons why the structure is deemed to be
dangerous or a nuisance. Said report shall specify all violations
of the BOCA Building Code, the Wilkinsburg Housing Code or Fire Code.
Said report shall specify what conditions need to be repaired or removed
in order to abate the nuisance.
C.
The Code Enforcement Officer shall serve a copy of
said report upon the owner of the property, either by personal service
or by certified mail. The Code Enforcement Officer shall also, at
the same time, serve an order upon the owner of the property ordering
the owner of the property to begin the repair or removal of any dangerous
structure or condition within 15 days of the date of the order and
to complete the repair or removal of the dangerous structure or condition
within 30 days of the date of the order.
All unsafe or dangerous structures within the
Borough are hereby declared to be public nuisances and shall be repaired,
vacated and/or demolished pursuant to the report and order of the
Code Enforcement Officer. If an unsafe building can reasonably be
repaired so that it will no longer constitute a violation of this
chapter, the property owner shall be ordered to repair the structure.
If an unsafe or dangerous structure is in such condition that it cannot
be repaired, the Code Enforcement Officer shall order it to be vacated
and demolished.
A.
If a property
owner fails to comply with an order of the Code Enforcement Officer
to repair a structure, the Code Enforcement Officer shall file a complaint
or citation with the District Magistrate having jurisdiction, and
the property owner shall be subject to a fine of not less than $100
nor more than $1,000 for each offense, plus costs. Each day's continuation
of any violation of the provisions of this chapter shall constitute
a separate offense. Upon failure to pay such costs and fine, the owner
shall be subject to imprisonment not exceeding 30 days.
B.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
Any owner of property who has been ordered by
the Code Enforcement Officer to remove a dangerous structure shall
have the right to appeal the decision of the Code Enforcement Officer
to the Codes, Zoning and Community Planning Committee of Borough Council
within 30 days of the service of the order by the Code Enforcement
Officer.
If, after the expiration of 30 days following
the service of the order, the owner has not removed a dangerous structure
or has not appealed to the Codes, Zoning and Community Planning Committee,
the Code Enforcement Officer shall have the authority to remove or
demolish said structure, or any part thereof or any appurtenance thereto,
at the expense of the owner. The cost of the demolition shall include
all engineering and construction costs, together with a penalty of
10% of such costs. Said costs and penalty shall be collected in the
manner provided by law for the collection of municipal claims, together
with an attorney's fee of 5%.
If a vacant structure is so dilapidated that it constitutes an immediate hazard to life, limb or property or an immediate danger to the safety of children, it shall be ordered to be demolished immediately by the Code Enforcement Officer, and the costs of demolition shall be assessed and collected as provided above in § 125-6.
