[HISTORY: Adopted by the Borough Council
of the Borough of Jim Thorpe 2-10-1994 by Ord. No. 94-1. Amendments noted where
applicable.]
A.
BUILDINGS
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)
(2)
PERSON
PROPERTY
RUBBISH
STRUCTURE
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes dwelling, garage,
barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse,
school or similar structure.
All buildings or structures which have any or all of the
following defects shall be deemed dangerous buildings:
Those whose interior walls or other vertical
structural members list, lean or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle
third of its base;[1]
Those which, exclusive of the foundation, show
damage or deterioration to 33% of the supporting member or members,
or damage or deterioration to 50% of the nonsupporting enclosing or
outside walls or covering;
Those which have improperly distributed loads
upon the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe for the purpose used;
Those which have been damaged by fire, wind
or other causes so as to be dangerous to life, safety, or the general
health and welfare of the occupants or the public;
Those which are so damaged, dilapidated, decayed,
unsafe, unsanitary, vermin infested 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, safety or general welfare of those living therein;
Those which have parts thereof which are so
attached that they may fall and injure property or members of the
public;
Those which lack illumination, ventilation or
sanitation facilities or because of another condition are unsafe,
unsanitary, or dangerous to the health, safety, or general welfare
of the occupants or the public;
Those which because of their location are unsanitary
or otherwise dangerous, to the health or safety of the occupants or
the public;
Those existing in violation of any provision
of the building code, fire prevention code, or other ordinances of
the Borough of Jim Thorpe.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or sleeping by human occupants.
Control and elimination of insects, rodents or other pests
by eliminating their harborage places, removing or making inaccessible
materials that may serve as their food, poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination methods.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Presence, within or around a dwelling, of any insect, rodents
or other pests.
Person who, alone or jointly or severally with others:
Shall have legal title to any dwelling, or dwelling
unit, with or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling
or dwelling unit; as owner or agent of the owner, or as executor,
executrix, administrator, administratrix, or guardian of the estate
of the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter and with rules
and regulations adopted pursuant thereto, to the same extent as if
he were the owner.
Any individual, firm, cooperation, association or partnership,
or other legal entity.
A piece, parcel, lot or tract of land.
Combustible and noncombustible waste materials, except garbage
including residue from the burning of wood, coal, coke and other combustible
material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree, branches, yard trimmings, tin cans, metals, minerals matter,
glass, crockery and dust.
Anything constructed or erected with a fixed or ascertainable
location on the ground or in water, whether or not affixed to the
ground or anchored in the water, including buildings, walls, fences,
platforms, docks, wharves, billboards, signs and walks.
B.
Whenever the words "building", "dwelling", "dwelling
unit", or "premises" are used in this chapter, they shall be construed
as though they were followed by the words "or any part thereof".
All dangerous buildings within the terms of § 177-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
The following standards shall be followed in
substance by the Borough Health Officer or Building Enforcement Officer
of the Borough of Jim Thorpe in ordering repair, vacation or demolition:
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 condition as
to make it dangerous to the health, safety, or general welfare of
its occupants, or the public, and is so placarded, 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 placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Borough Health Officer or Building Enforcement Officer.
D.
If a dangerous building is 50% or more damaged or
decayed, or deteriorated from its original condition; if a dangerous
building cannot be repaired, so that it will no longer exist in violation
of the terms of this chapter; or if a dangerous building is a fire
hazard existing or erected in violation of the terms of this chapter
or any ordinance of the Borough of Jim Thorpe or statute of the Commonwealth
of Pennsylvania, it shall be ordered to be demolished; provided, the
cost of repairs to rectify or remove the conditions constituting the
nuisance exceed 50% of the market value of the building at the time
demolition is proposed.
A.
The Borough Health Officer or Building Enforcement Officer shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 177-1 above.
B.
Whenever an inspection discloses that a dwelling,
building or structure has become a public nuisance, the Borough Health
Officer or Building Enforcement Officer shall issue a written notice
to the person or persons responsible therefor. The notice:
(1)
Shall be in writing;
(2)
Shall include a statement of the reasons it is being
issued;
(3)
Shall state a reasonable time to rectify the conditions
constituting the nuisance or to remove and demolish the dwelling,
building, or structure;
(4)
Shall be served upon the owner, or his agent, or the
occupant, as the case may require.
(a)
Except in emergency cases and where the owner,
occupant, lessee, or mortgagee is absent from the Borough of Jim Thorpe,
all notices shall be deemed to be properly served upon the owner,
occupant or other person having an interest in the dangerous building,
if a copy thereof is served upon him personally, or if a copy thereof
is posted in a conspicuous place in or about the structure affected
by the notice; or if he is served with such notice by any other method
authorized or required under the laws of the commonwealth.
(b)
Except in emergency cases, in all other cases
where the owner, occupant, lessee, or mortgagee is absent from the
Borough of Jim Thorpe, all notices or orders provided for herein shall
be sent by registered mail to the owner, occupant, and all other persons
having an interest in said building, as shown by the records of the
County Recorder of Deeds, 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.
(5)
May contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter
and with the rules and regulations adopted pursuant thereto.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter
may request and shall be granted a hearing on the matter before the
Borough Council; provided, that such person shall file with the Borough
Secretary a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the Borough
Secretary shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing, the petitioner
shall be given opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 30 days after the day on which the petition was filed.
B.
After such hearing, the Borough Council shall sustain,
modify or withdraw the notice. If the Borough Council sustains or
modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this chapter shall automatically become an order
if a written petition for a hearing is not files with the Borough
Secretary within 10 days after such notice is served.
No person shall remove or deface the notice of dangerous building, except as provided in § 177-3C.
Whenever the Borough Health Officer or Building
Enforcement Officer finds that an emergency exists which requires
immediate action to protect the public health, he may, without notice
or hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as is necessary to meet the
emergency. Notwithstanding the other provisions of this chapter, such
order shall be effective immediately. Any person to whom such order
is directed shall comply herewith immediately, but upon petition to
the issuing Borough Health Officer or Building Enforcement Officer
shall be afforded a hearing as soon as possible. After such hearing,
depending upon the findings as to whether the provisions of this chapter
have been complied with, the Borough Officer shall continue such order
in effect, or modify, or revoke it. The costs of such emergency repair,
vacation or demolition of such dangerous building shall be collected
in the same manner as provided herein for the other cases.
If the owner, occupant, mortgagee, or lessee
fails to comply with the order of the Borough Health Officer or Building
Enforcement Officer within the time specified in the notice issued
by him and no petition for a hearing is filed within 10 days thereafter,
or following a hearing by the Borough Council where the order is sustained
thereby, the Borough Health Officer or Building Enforcement Officer
shall cause such building or structure to be repaired, vacated, or
demolished, as determined by the Borough Council in accordance with
the standards hereinbefore provided. The Borough of Jim Thorpe may
collect the cost of such repairs, vacation or demolition together
with a penalty of 10% of such cost, in the manner provided by law,
or the Borough of Jim Thorpe may seek injunctive relief in a court
of competent jurisdiction pursuant to the rules of civil procedure.
Any person who shall violate any provisions
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine not exceeding $1,000, and in default of payments thereof, to
undergo imprisonment for a term not to exceed 30 days. Each day that
a violation continues beyond the date fixed for compliance shall constitute
a separate offense.