[HISTORY: Adopted by the Borough Council of the Borough of Honesdale 9-12-1977
by Ord. No. 434. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Honesdale Borough
Fire Prevention and Nuisance Ordinance."
A.
Purpose. The purpose of this chapter is to specify measures
which will provide that degree of public safety from fire which can be reasonably
required. This chapter endeavors to avoid requirements which might involve
unreasonable hardships or unnecessary inconvenience or interference with the
normal use and occupancy of a building, but insists upon compliance with a
minimum standard for firesafety necessary in the public interest, even though
a financial hardship may be involved in some individual cases. This includes
prohibiting and removing any nuisance, including but not limited to accumulations
of garbage and rubbish and the storage of abandoned or junked automobiles,
and prohibiting and removing any dangerous structure on public or private
grounds or requiring the removal of any such nuisance or dangerous structure
by the owner or occupier of such grounds, in default of which the borough
may cause the same to be done and collect the cost thereof, together with
a penalty of 10% of such costs, in the manner provided by law for the collection
of municipal claims or by action of assumpsit or may seek relief by bill in
equity.
B.
Scope. This chapter deals with standards and procedures
for ensuring that unsafe buildings which would constitute either a nuisance
or a fire hazard are either repaired or demolished.[1]
C.
Application. This chapter covers both new and existing
construction.
As used in this chapter, the following terms shall have the meanings
indicated:
A structure enclosed within exterior walls or fire walls, built and
erected and framed of component structural parts, designed for the housing,
shelter, enclosure and support of individuals, animals or property of any
kind.
The officer or other designated authority charged with administration
and enforcement of this chapter or his or her duly authorized representative.
A building unfit for human habitation and beyond repair or which
constitutes a fire hazard.
A.
Duties of Building Official. The Building Official shall
enforce and administer all of the provisions of this chapter. The Building
Official shall also supervise such other employees or assistants as shall
be necessary for the administration and execution of the responsibilities
of said office, as appointed and approved by the Council of Honesdale Borough.
Said Building Official and other personnel may consist of employees directly
hired and compensated by the municipality.
B.
Entry. Except in the case of an emergency or a mutually
convenient time agreed to by the Building Official and the owner, operator
or occupant or the person in charge of any structure or premises, the Building
Official or the Building Official's authorized representative, in discharging
his or her duties and upon showing proper identification where requested,
is hereby authorized to enter and inspect, between the hours of 9:00 a.m.
and 4:00 p.m., any structure or premises in the municipality to enforce the
provisions of this chapter and of those other applicable codes and ordinances.
The assistance and cooperation of all other municipal officials, including
Police and Fire Departments, shall be available to the Building Official to
assist in the performance of his or her duties and in securing right of entry.
C.
Procedures.
(1)
The Building Official will inspect each property and
determine its conformance with standards of this chapter. The Building Official
shall also make a written report and retain records of the inspection.
(2)
If nonconformance is found, the owner will be served
a written notice of the unsafe conditions, specifying the required repairs,
etc., or requiring that unsafe buildings or portions thereof be demolished.
The work shall be done at the owner's expense. The notice shall require
the owner notified to declare, within five days, his or her acceptance or
rejection of the terms of the order. Failure of the owner to respond shall
be considered a rejection of the terms of the order.
(3)
Should the owner elect to repair the structure, said
owner shall have 30 days from the date of initial notification to submit an
acceptable time schedule for repairs. The Building Official shall, within
five days thereafter, notify the owner of the acceptability or unacceptability
of the schedule. If unacceptable, a revised schedule must be resubmitted within
10 days.
(4)
Should the owner reject the terms of the order, elect
not to repair the structure, fail to submit an acceptable repair time schedule
or fail to comply with an approved time schedule, the Building Official shall
submit to the Borough Council a report and recommendation for demolition.
The Borough Council may then take the required steps necessary to condemn
the property, authorize its demolition and place a lien on the land for the
actual cost of demolition plus 10%.
(5)
The owner will be notified in writing within five days
of the action taken by Council, and the Building Official will proceed to
carry out all appropriate actions, including but not limited to posting of
the property, advertising for demolition, etc.
D.
Request for appeals or variances. Any person requesting
a variance or aggrieved by a decision of the Building Official or by any other
employee or official charged with the administration and enforcement of this
chapter may take an appeal to the Board of Appeals. All appeals shall be made
in writing, stating the grounds upon which the appeal is based, and shall
be transmitted to the office of the Building Official. An appeal must be taken
within 15 days of the action or on the receipt of written notice of any decision
or ruling which is being appealed.
E.
Board of Appeals. There is hereby established a Board
of Appeals, appointed by the Council of the municipality, consisting of not
fewer than three members nor more than five members, who shall serve without
compensation but may be reimbursed for necessary and reasonable expenses.
Their terms of office shall be for three years, except for those first appointed,
so fixed that the term of office of at least one member shall expire each
year. Appointments to fill vacancies shall be only for the unexpired portion
of the term.
A.
Unsafe buildings. All buildings or structures that are
or hereafter shall become unsafe, unsanitary or deficient in adequate exit
facilities or which constitute a fire hazard or are otherwise dangerous to
human life or the public welfare or by reason of illegal or improper use,
occupancy or maintenance shall be taken down and removed or made safe and
secure, as the Building Official may deem necessary and as provided in this
chapter. A vacant building unguarded or open at door or window shall be deemed
a fire hazard and unsafe within the meaning of this chapter.
B.
Examination and record of damaged building. The Building
Official shall examine every building or structure reported as dangerous,
unsafe structurally or constituting a fire hazard and shall cause the report
to be filed in a docket of unsafe structures and premises, stating the use
of the building and the nature and estimated amount of damages, if any, caused
by collapse or failure.
C.
Determining standards. In determining whether a building
or structure is unsafe, unsanitary or deficient in adequate exit facilities
or constitutes a fire hazard or nuisance, the Building Official shall also
apply the standards of the Life Safety Code, 1973, prepared by the National
Fire Protection Association.
Any person or member of any partnership or corporation who or which
shall violate the provisions of this chapter or shall fail to comply with
any requirement thereof or who or which shall erect, construct, alter, repair
or demolish a building or structure in violation of an approved plan or directive
of the Building Official or of a permit or certification issued under the
provisions of this chapter shall be guilty upon conviction thereof and be
sentenced to pay a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment for not
more than 30 days. Each day that a violation is continued shall constitute
a separate offense.
