Borough of Royersford, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 820, 12/9/2009]
The Borough recognizes the importance and significance of the registration of real estate transactions for the proper and effective flow of commerce within the local real estate market. Further, the Borough recognizes that there is an expense associated with retrieving, certifying and delivering records and maintaining an accurate and current real estate registry system.
[Ord. 820, 12/9/2009]
For the purpose of obtaining and securing accurate information in reference to the ownership of all real estate within the corporate limits of the Borough, a Real Estate Registry is hereby established as permitted by the Pennsylvania Borough Code, Article XXX, codified at 53 P.S. §§ 48001-48006, as amended on June 18, 2008, to show the situation, dimensions and location of each property in the Borough as well as the name and address of the owner or owners thereof, with provision for the names of future owners and dates of future transfer of title.
[Ord. 820, 12/9/2009]
The Real Estate Registry created hereunder shall be prepared and maintained by the Borough Secretary under the direction of Borough Council. The Registry shall be comprised of all necessary books, maps and plans required to maintain an accurate record of each property within the Borough. The said books, maps and plans shall be carefully preserved at Borough Hall and shall be so kept by addition, from time to time or otherwise, as to show the ownership of every lot or piece of real estate or the subdivision thereof within the municipal limits, with the successive transmission of title from the date of the commencement of such maps or plans; and certified copies, under the entries in said book or upon such maps or plans, may be furnished to any person desiring the same for the fee or compensation of $0.25 per page for the use of the Borough.
[Ord. 820, 12/9/2009]
The Registry, including the books, maps and/or plans which comprise the same, shall be carefully preserved and shall be so kept, by additions from time to time, as to show the ownership of each property within the Borough; but nothing contained therein shall, at any time, invalidate any municipal or tax claim by reason of the fact that the same is not assessed or levied against the registered owner.
[Ord. 820, 12/9/2009]
It shall be the duty of all owners of unregistered real estate within the Borough's corporate limits, within one month from the date of the approval of this Part 1 (and of any subsequent purchaser, devisee or person acquiring title, in any manner whatsoever, to any real estate therein within one month after acquiring title) to furnish to the said Secretary, at his office, descriptions of their respective properties, upon blanks to be furnished by the Borough Secretary and, at the same time, present their conveyances to be stamped by the Secretary, without charge, as evidence of the registry thereof.
[Ord. 820, 12/9/2009]
Within two days of recording a deed or conveyance with the County Recorder of Deeds, it shall be the duty of all owners of real estate, or their agent, to deliver or send a copy of the deed as submitted with the Recorder of Deeds by registered or certified mail, return receipt requested, to the Borough.
[Ord. 820, 12/9/2009]
The Sheriff of Montgomery County shall present for registry the deeds of all property within the Borough's corporate limits sold by him at judicial sales, whether in partition or otherwise.
[Ord. 820, 12/9/2009]
Any owner or owners of real estate in the Borough neglecting or refusing to comply with the provisions of this Part 1, for a period of 30 days of public notice of the requirements thereof, upon conviction before any District Magistrate, shall be sentenced to pay a fine of not more than $300 or by imprisonment of not more than 90 days, or both, provided that each day's continuance of the violation shall constitute a separate prosecutable offense.
[Ord. 820, 12/9/2009]
The fee for the registration of any deed in the Borough of Royersford by any purchaser subsequent to the enactment of this Part 1 shall be $10.
[Ord. 849, 11/29/2011]
This Part 2 shall be known as and may be cited as the "Dangerous Buildings Ordinance."
[Ord. 849, 11/29/2011]
This Part 2 shall apply uniformly to all persons, business organizations, nonprofit organizations, and all other legal entities; and it shall apply uniformly to all property and all property owners within the Borough.
[Ord. 849, 11/29/2011]
1. 
Unless otherwise specifically defined below, words or phrases used herein shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this Part 2 its most reasonable application consistent with its intent.
2. 
The word "shall" is always mandatory and not merely directory.
3. 
As used in this Part 2, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Royersford, Montgomery County, Pennsylvania.
BUILDING
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.
COUNCIL
The existing elected or appointed members of the Borough Council.
DANGEROUS BUILDINGS
All the buildings or structures that have any or all of the following defects; and all such buildings or structures shall be deemed "dangerous buildings":
A. 
Those which have been damaged by fire, wind or other cause so as to fail utterly to provide the amenities essential to decent living and are unfit for human habitation;
B. 
Those which have been damaged by fire, wind or other cause so as to have become dangerous to the life and safety, morals, or the general health and welfare of the occupants or the people of the Borough;
C. 
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;
D. 
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living and are likely to cause accidents, sickness, or disease, so as to work injury to the health, morals, safety or general welfare of those living therein as well as other citizens of the Borough;
E. 
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;
F. 
Those which have parts thereof which are so attached that they might fall and injure members of the public or adjoining property;
G. 
Those which lack electricity, 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 citizens of the Borough; or
H. 
Those which, because of their general condition or location, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Borough.
DWELLING
Any building that is wholly or partly used or intended to be used for living or sleeping by human occupants.
PERSON
Any individual, firm, corporation, limited liability company, association, organization, partnership or other legal entity.
4. 
Words used in the present tense include the future and past; words in the plural number include the singular; words in the singular number include words in the plural; and words either in the feminine, masculine or neuter shall include words of the other two genders.
[Ord. 849, 11/29/2011]
1. 
All dangerous buildings are hereby declared to be public nuisances and shall be repaired, vacated and/or demolished.
2. 
Each day a nuisance in the form of a dangerous building continues after notice is given that said dangerous building is to be repaired, vacated and/or demolished shall constitute a separate offense in violation of this Part 2.
[Ord. 849, 11/29/2011]
Whenever it is reported or comes to the attention of any person, citizen, Borough official or police officer that any building or structure completed or on the process of construction or any portion thereof is in a dangerous condition, such person shall report the same to the Borough Manager. The Borough Manager shall promptly notify the Borough Council. The Borough Council shall then designate a Borough official or a committee or a police officer to make an investigation and examine the building or structure reported. If the official, committee, or police officer making the investigation believes that the structure is a dangerous building, then a written report of the investigation, specifying the condition of the structure and in what respect it is dangerous, shall be made and presented to Borough Council. The report may recommend whether the building can be repaired or whether it shall be removed as a dangerous building.
[Ord. 849, 11/29/2011]
The Borough Council shall:
A. 
Upon receipt of a report in accordance with the investigation procedure provided hereinabove in § 205 of this Part 2, give written notice to the owner or owners of such dangerous buildings as determined by the records in the County Assessment and Recorder of Deeds offices in and for the County of Montgomery, in the Commonwealth of Pennsylvania, or failing to find any owner or owners, then notice shall be given to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building as the Borough may discover, and said notice shall inform the owner or other party to appear before the Borough Council on a date specified to show cause why the building or structure reported as a dangerous building should not be repaired, demolished or vacated in accordance with any written report to Borough Council or determination made by Borough Council.
B. 
Within not less than 10 days nor more than 60 days from the date of such notice, hold a hearing and hear such testimony as the owner, occupant, mortgagee, lessee or other person having an interest in said building shall offer related to the dangerous building.
C. 
Within 30 days of such hearing, make written findings of fact from the testimony offered pursuant to the hearing as to whether or not the building in question is a dangerous building.
D. 
Within not more than 30 days following the hearing provided for by Subsection B hereof, issue an order, based upon findings of fact made pursuant to Subsection C hereof, demanding the owner of said building to repair, demolish or vacate any building found to be a dangerous building.
[Ord. 849, 11/29/2011]
The following standards shall be followed in substance by Borough Council in ordering repair, vacation or demolition of a dangerous building:
A. 
If the dangerous building can be repaired, as determined by Borough Council, so that it will no longer exist in violation of the terms of this Part 2, 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 within such length of time, not to exceed 30 days, as is reasonable.
C. 
If a dangerous building is 50% or more damaged or decayed, or deteriorated from its original condition, or if a dangerous building cannot be repaired so that it will no longer exist in violation of the terms of this Part 2, it shall be demolished, provided that 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.
D. 
If the dangerous building is a fire hazard or is existing or erected in violation of the terms of this Part 2, any other ordinance of the Borough or any statute of the Commonwealth of Pennsylvania, it shall be demolished.
[Ord. 849, 11/29/2011]
1. 
If any structure is deemed to be a dangerous building within the standards of this Part 2 after the hearing, then Borough Council, within the time set forth in § 206D of this Part 2, shall cause notice of this order issued under § 206D of this Part 2 to be served upon the owner or owners of such dangerous building as determined by the records previously or who appeared at the hearing, or to the occupant, mortgagee, lessee, agent or any other person found with an interest in said dangerous building who can be located.
2. 
The notice and order required by this section shall be served personally upon the owner or owners of a dangerous building if such owner resides, or such owners reside, in the Borough or personally upon his agent if such agent resides within the Borough. If personal service required herein cannot be obtained, such notice shall be sent to the owner or owners of a dangerous building by certified mail at the last known address according to the records available in the Tax Assessment Office in and for Montgomery County.
3. 
The notice and order shall identify the building or structure deemed dangerous, contain a statement of the particulars which made this building or structure a dangerous building and include an order requiring the same to be put in such condition as to conform with the terms of this Part 2; provided, further, that in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the time period provided.
4. 
The notice and order shall require any person notified to repair, vacate or demolish any building to commence the work or act required by the notice within 10 days of such notice and to comply with such repair, vacation or demolition within 60 days from the receipt of such notice.
[Ord. 849, 11/29/2011]
1. 
Any owner, occupant or lessee who is in possession of any dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish any dangerous building issued under § 208 of this Part 2 or who violates any of the other provisions of this Part 2 shall, upon conviction before a District Justice, be subject to a fine not exceeding $300 plus costs, and in default of payment of the fine and costs, shall be subject to imprisonment for a period not to exceed 30 days. Each day of a violation shall be considered a separate violation and offense.
2. 
Any person having an interest in any building who fails to comply with any notice or order to repair, vacate, or demolish any dangerous building within 90 days of the receipt of such notice, by such failure, does empower Borough Council to cause such building or structure to be repaired, vacated or demolished by the Borough and to cause the costs of such repair, vacation or demolition, together with a penalty of 10%, to be charged upon the land upon which the building exists as a municipal lien, or alternatively to recover such costs and penalty in a suit at law against the owner or owners, but failing to recover same, to have the judgment therefor to be charged upon the land as a lien; and this subsection is separate from and in addition to the fine, penalty and costs which may be imposed by any other subsection of this section.
[Ord. 849, 11/29/2011]
In cases where it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building and if the property owner fails to remedy the condition promptly, the Borough Council may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected as provided for in § 209, Subsection 2, of this Part 2.
[Ord. 849, 11/29/2011]
1. 
In the event of any provision, section, sentence, clause, or part of this Part 2 being held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Part 2, it being the intent of Borough Council that such remainder shall be and shall remain in full force and effect; and for this purpose, the provisions of this Part 2 are hereby declared to be severable.
2. 
In the event of any legislation by the Commonwealth of Pennsylvania becoming effective dealing with the same or similar subject matter as that included herein, such shall remain in full force and effect if it is more restrictive and not inconsistent with such legislation; but if such legislation is more restrictive than, inconsistent with, or both, then this Part 2 shall be interpreted according to such legislation and shall be superseded to the extent necessary to give such legislation appropriate effect. However, all the remainder of this Part 2 shall be and shall remain in full force and effect; and for this purpose, the provisions of this Part 2 are hereby declared to be severable.