[HISTORY: Adopted by the Borough Council of the Borough of Brookville 2-18-1975
by Ord. No. 758. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
Property maintenance — See Ch. 161.
All buildings or structures which have any or all of the following defects
shall be deemed "dangerous buildings":
A.
Those whose interior or exterior walls or other vertical
structural members lean, list or buckle to such an extent that they are 3%
or more of their longitudinal dimension from being vertically plumb or horizontally
straight.
B.
Those which, exclusive of the foundation, show 33% or
more of damage or deterioration of the surrounding member or members, or 50%
of damage or deterioration of the nonsupporting enclosing or outside walls
or covering.
C.
Those which have improperly distributed loads upon the
floors, roofs, or walls as a result of settlement or decay in which any structural
member is overloaded or has insufficient strength to be reasonably safe.
D.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety, morals or the general
health and welfare of the occupants or the people of the Borough of Brookville.
E.
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or are likely to
cause sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
F.
Those having light, air, and sanitation facilities which
are inadequate to protect the health, morals, safety, or general welfare of
human beings who live or may live therein.
G.
Those having inadequate facilities for egress in case
of fire or panic or those having insufficient stairways, elevators, fire escapes,
or other means of communication.
H.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
I.
Those which because of their condition are unsafe, unsanitary,
or dangerous to the health, morals, safety or general welfare of the people
of this Borough.
The following standards shall be followed in substance by the Building
Inspector, or assistants specially designated thereto, and the Borough Council
in ordering repair, vacation or demolition:
A.
If the dangerous building can be repaired as determined
by a committee composed of the Building Inspector, Fire Chief and Health Officer
so that it will no longer exist in violation of the terms of this chapter,
it shall be ordered repaired.
B.
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.
C.
In any case where a dangerous building cannot reasonably be repaired as determined by a committee provided in Subsection A above, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this chapter or of any ordinance of the Borough or statute of the Commonwealth of Pennsylvania, it shall be demolished.
All dangerous buildings within the terms of § 79-1 of this chapter are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
The Building Inspector, or assistants specially designated thereto,
shall:
A.
Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of § 79-1 of this chapter.
B.
With approval by Council, inspect any building, wall
or structure about which complaints are filed by any person to the effect
that a building, wall or structure is or may be existing in violation of this
chapter.
C.
D.
With approval by Council, inspect annually buildings in this Borough to determine whether they are dangerous buildings within the terms of § 79-1 of this chapter.
E.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the deed registration files of the Borough and/or the Recorder of Deeds for Jefferson County, of any building found by him to be a dangerous building within the standards set forth in § 79-1 of this chapter, that the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this chapter; the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; the mortgagee, agent or the other persons having an interest in said buildings as shown by the land records of the deed registration files of the Borough and/or the Recorder of Deeds for Jefferson County may, at his own risk, repair, vacate, or demolish said building or have such work or act done; provided that any person notified per this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding 60 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
F.
Set forth in the notice provided for in Subsection E hereof a description of the building, or structure, deemed unsafe, a statement of the particulars which make this building or structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 60 days, or as is reasonable.
H.
Appear at all hearings conducted by the Borough Council,
and testify as to the condition of the dangerous building.
I.
Place a notice on all dangerous buildings reading as
follows:
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"This building has been found to be a dangerous building by the Building
Inspector, or assistants specially designated thereto. This notice is to remain
on this building until it is repaired, vacated or demolished in accordance
with the notice which has been given to the owner, occupant, lessee, mortgagee
or agent of this building, and all other persons having an interest in said
building as shown by the land records of the deed registration filed for the
Borough and/or the Recorder of Deeds for Jefferson County. It is unlawful
to remove this notice until such notice is complied with."
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The Borough Council shall:
A.
Upon receipt of a report of the Building Inspector or assistants specially designated thereto, as provided for in § 79-4G hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown by the land records of the deed registration files of the Borough and/or the Recorder of Deeds for Jefferson County, to appear before Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in § 79-4F.
B.
Hold a hearing and hear such testimony as the Building
Inspector, or assistants specially designated thereto, or the owner, occupant,
mortgagee, lessee, or any other persons having an interest in said building,
as shown by the land records of the deed registration file of the Borough
and/or the Recorder of Deeds for Jefferson County, shall offer relative to
the dangerous building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, or any other person having any interest in said building, as shown by the land records of the deed registration file of the Borough and/or the Recorder of Deeds for Jefferson County shall order to repair, vacate, or demolish any building found to be a dangerous building within the terms of this chapter and provided that any person so notified, except the owners, shall have the privilege either of vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the deed registration files of the Borough and/or the Recorder of Deeds for Jefferson County, may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Borough against the land upon which said dangerous building stands, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in Subsection D hereof within 10 days, the Council shall cause such building or structure to be repaired, vacated, or demolished, as the facts may warrant, under the standards hereinbefore provided for in § 79-2 of this chapter and shall, with the assistance of the Borough Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Borough, the Borough Council shall notify the Borough Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
The Borough Solicitor shall:
B.
Appear at all hearings before Borough Council in regard
to dangerous buildings.
C.
Bring suit to collect all municipal liens, assessments
or costs incurred by the Borough Council in repairing, or causing to be vacated
or demolished, dangerous buildings.
D.
Take such other legal action as is necessary to carry
out the terms and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished, the Building Inspector, or assistants specially designated thereto, shall report such facts to the Borough Council and the Borough Council shall cause the immediate repair, vacation, or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 79-5E hereof.
In cases, except emergency cases, where the owners, occupant, lessee,
or mortgagee is absent from the Borough, all notices or orders provided for
herein shall be sent by certified mail to the owner, occupant, mortgagee,
lessee and all other persons having an interest in said building, as shown
on the land records of the deed registration files of the Borough and/or the
Recorder of Deeds for Jefferson County, to the last known address of each,
and a copy of such notice shall be posted in a conspicuous place on the dangerous
building to which it relates. Such mailing and posting shall be deemed adequate
service. Where desirable, the notices and orders provided for herein may be
served in the same manner a summons is served in the courts of general jurisdiction.
No officer, agent or employee of the Borough of Brookville shall render
himself personally liable for any damage that may accrue to person or property
as a result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or employee
of the Borough of Brookville as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended by the
Borough Solicitor until the final determination of the proceedings therein.
The Fire Department of the Borough shall designate a committee from
its membership, which shall make a report in writing to the Building Inspector
of all buildings or structures which are, may be, or are suspected to be dangerous
buildings within the terms of this chapter.
All employees of the Police Department shall make a report in writing
to the Building Inspector of any buildings or structures which are, may be,
or are suspected to be dangerous buildings within the terms of this chapter
within 24 hours of the discovery of such buildings by any employee of the
Police Department.
A.
The owner, occupant or lessee in possession of any building
who shall fail to comply with any notice or order to repair, vacate, or demolish
any such dangerous building, given by any person authorized by this chapter
or any regulation issued thereunder, shall, upon conviction before a District
Justice, be subject to fine not exceeding $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment for not
more than 30 days. Violations on separate days shall be considered separate
violations. The provisions for penalties contained in this chapter are in
addition to any other remedies provided by this chapter.
