[HISTORY: Adopted by the Borough Council of the Borough of Homestead 6-12-1997 by Ord. No. 1081. Amendments noted where applicable.]
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.
- DANGEROUS BUILDING
- All buildings or structures which have any or all of the following defects may be deemed dangerous buildings:
- (1) 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.
- (2) 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.
- (3) 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.
- (4) 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.
- (5) 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.
- (6) Those which have parts thereof which are so attached that they may fall and injure property or members of the public.
- (7) 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.
- (8) Those which because of their location are unsanitary, or otherwise dangerous to the health or safety of the occupants or the public.
- (9) Those existing in violation of any provision of the building code, fire prevention code or other ordinances of the Borough.
- (10) Those which have been inspected by the fire department and found to be fire hazards by reason of age, condition, dilapidation, obsolescence or abandonment.
- (11) Those which have missing, damaged or broken exterior windows or doors that are not boarded up or otherwise tightly secured so that, as a result of their missing, damaged or broken condition, they: a) allow or facilitate actual or possible entry into the building or structure interior by trespassers, vagrants, or others without legal authority or permission to enter; b) allow precipitation to enter the interior of the building or structure; and/or c) allow insects, vermin or other pests to gain access to the interior of the building or structure.[Added 8-8-2013 by Ord. No. 1217]
- Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
- DWELLING UNIT
- 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.
- ENFORCEMENT OFFICER
- The Zoning Officer, Building Inspector, Fire Official or any other person designated by the Borough Council to enforce Borough ordinances.
- 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.
- GOVERNING BODY
- The Borough Council of Homestead.
- Presence within or around a dwelling of any insects, rodents or other pests.
- The Borough of Homestead.
- Person who alone or jointly or severally with others:
- (1) Shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or
- (2) 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, corporation, 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, mineral 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.
Whenever the words "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 § 118-1 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 Enforcement Officer in ordering repair, vacation or demolition:
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.
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.
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 Enforcement Officer. The Enforcement Officer shall remove such placard whenever the defect or defects upon which the placarding action were based have been eliminated.
If the dangerous building, whether or not vacant, has not been repaired in accordance with the notice and order herein provided, and if it is in such condition as to make it dangerous to the health, safety, morals or general welfare of its occupants or of the public, and the vacation of the building would not eliminate such condition, it shall be ordered to be demolished.
The 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 § 118-1 above.
Whenever an inspection discloses that a dwelling, building or structure has become a public nuisance, the Enforcement Officer shall issue a written notice to the person or persons responsible therefor. The notice:
Shall be in writing.
Shall include a statement of the reasons it is being issued.
Shall state a reasonable time to rectify the conditions constituting the nuisance or to remove and demolish the dwelling, building or structure.
Shall be served upon the owner or his agent or the occupant, as the case may require.
Except in emergency cases and where the owner, occupant, lessee or mortgagee is absent from the Borough, 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 thestructure 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, including but not limited to the type of legal advertisement more fully set forth at § 118-4B(4)(b).
Except in emergency cases, in all other cases where the owner, 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 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. Although such mailing and posting shall be deemed adequate service, the governing body may, at its discretion, and based upon the particular circumstances, advertise any order or notice in a newspaper of general circulation within the Borough. Notices advertised in this fashion, with the exception of demolition programs involving multiple properties (i.e., CD programs), shall comply in all respects with § 118-4B. With respect to multiple property demolition programs, reference in the advertisement to a place within the Borough where a statement of the specific conditions constituting the nuisance may be obtained, shall be sufficient. In addition, one advertisement which identifies all of the properties and their reputed owners shall be sufficient.
May contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter and with the rules and regulations adopted pursuant thereto.
Shall contain notice of the right to appeal to the governing body.
Appear at all hearings conducted by the governing body or Hearing Officer and testify as to the condition of dangerous building.
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 governing body, or a hearing officer appointed by the governing body, provided that such person shall file with the Municipal 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 Municipal 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 an 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 of which the petition was filed.
After such hearing, the governing body or hearing officer shall sustain, modify or withdraw the notice. If the governing body or hearing officer 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 filed with the Municipal Secretary within 10 days after such notice is served.
No person shall remove or deface the notice of dangerous building, except as provided in § 118-3.
Whenever the 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 therewith immediately, but upon petition to the 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 Enforcement 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 other cases.
[Amended 12-21-1998 by Ord. No. 1095]
If the owner, occupant, mortgagee, lessee or other person having an interest in the dangerous building fails to comply with the order of the 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 governing body or hearing officer where the order is sustained thereby, the Enforcement Officer shall cause such buildings or structure to be repaired, vacated or demolished, as determined by the governing body or hearing officer in accordance with the standards hereinbefore provided.
If the Borough request the Steel Valley Council of Governments to demolish a dangerous building, then the Solicitor shall certify to the Steel Valley Council of Governments that the Borough has taken all steps necessary to lawfully demolish the building, that all proceedings to demolish the building have occurred and have been properly conducted, that title to properties on which such buildings are located has been searched, that all required notices have been given or waivers obtained prior to demolition of such buildings and that the Borough of Homestead will indemnify the Steel Valley Council of Governments for any claims arising from the demolition of the building and will pay any claims, suits or judgments entered with respect thereto, except claims arising from the negligence or willful, reckless or wanton conduct of the Steel Valley Council of Governments or its agents or employees.
The Borough of Homestead hereby indemnifies the Steel Valley Council of Governments for any claims arising from the Steel Valley Council of Governments' demolition of dangerous buildings at the Borough's request and will pay any claims, suits or judgments entered with respect thereto except claims arising from the negligence or willful, reckless or wanton conduct of the Steel Valley Council of Governments or its agents or employees.
The Borough may collect the cost of such repair, vacation or demolition together with 10% of such cost, in the manner provided by law.
The Borough may also seek injunctive relief in a court of competent jurisdiction pursuant.
[Amended 8-8-2013 by Ord. No. 1217]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000, and in default of payment 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. Each missing, damaged or broken exterior door or window existing in violation of this chapter shall constitute a separate offense, and each day that each missing, damaged or broken exterior door or window continues to exist in violation of this chapter shall also constitute a separate offense.