[HISTORY: Adopted by the Council of the Borough of Darby 10-2-1967 by Ord. No. 480, approved 10-12-1967. Amendments
noted where applicable.]
Whenever it shall be reported to the Building Inspector and
the Building Committee that any structure is in a dangerous or poorly
maintained condition, the Building Inspector and the Building Committee
shall immediately cause an investigation and examination to be made
of such structure. If such investigation or examination indicates
such structure to be in a dangerous condition or poorly maintained
in any respect, the Building Inspector and the Building Committee
shall report in writing to the Borough Council, specifying the exact
condition of such structure, and shall set forth in such report whether
and in what respect they consider such structure to be dangerous or
poorly maintained. The report shall state whether such structure is
capable of being properly repaired or whether it should be removed
as a dangerous structure. Council shall accept or reject the report
of the Building Inspector and the Building Committee. All reports
submitted by the Building Inspector and the Building Committee shall
at all times be a joint written report.
If any structure is reported by the Building Inspector and the Building Committee as provided in § 127-1 of this chapter to be in a dangerous or poorly maintained condition, the Borough Council shall forthwith cause written notice to be served upon the owner of such structure. Such notice shall require the owner of such structure to commence the repair or removal of such building within 10 days of such notice and to complete such repair or removal within 60 days thereof, provided that in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option of removing such structure instead of making the repair thereto, within the said time limit.
The notice required by § 127-2 of this chapter shall be served personally upon the owner of the structure if such owner resides in the Borough, or upon the agent of such owner if such agent has a residence or place of business within the Borough. If neither the owner nor the agent thereof can be served within the Borough as hereby provided, such notice shall be sent to the owner of such structure by registered mail at the last known address thereof.
If the owner of any dangerous or poorly maintained structure, to whom a notice to repair or remove such structure shall be sent under the provisions of this chapter, fails to commence or to complete such repair or removal within the time limit prescribed by such notice, the Borough Council shall be empowered to cause such work of repair or removal to be commenced and/or completed by the Borough, and the cost and expense thereof, with a penalty of 10%, shall be collected from the owner of such structure in the manner provided by law, provided that the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 127-5 of this chapter.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
