[Ord. 168, 8/9/1917, § 1; as amended by Ord. 463,
10/4/1955, § 1; by Ord. 830, 2/13/1995; and by Ord. 903,
7/12/2004, §§ 1, 2]
1.
All owners or agents of owners of dwelling houses, rental units, commercial buildings and manufacturing facilities fronting on any street or highway in the Borough of Bridgeville shall cause the size of the identification number of such structure as set forth in subsection (2) hereinbelow to be attached to said building in plain view correctly numbered and maintained in legible form.
2.
The size of all identification numbers replacing an identification
number attached to any structure or attached to any new or remodeled
structure shall be no less than four inches in height.
[Ord. 168, 8/9/1917, § 2]
The Street Committee of the Borough is hereby authorized and
directed to formulate a system of numbering and to make rules and
regulations regarding the placing of numbers and their size, and do
all things necessary to carry this Part 1 into effect.
[Ord. 168, 8/9/1917, § 3; as amended by Ord. 463,
10/4/1955, § 2; and by Ord. 830, 2/13/1995]
If any building as mentioned in § 101 shall at any
time not be correctly numbered in accordance with this Part and the
rules adopted by the Street Committee, the Zoning Officer/Code Enforcement
Officer is hereby authorized and directed to cause to be correctly
numbered, and the costs thereof, together with an additional charge
of 10%, shall be collected in the manner provided by law, which costs
and additional charge shall be in addition to the penalty imposed
under § 104. All numbers shall be fixed in a conspicuous
position, according to directions of the Street Committee. All new
buildings shall be numbered with a number given by the Borough Manager.
It shall be the duty of the Code Enforcement Officer/Zoning Officer
of the Borough to report from time to time to the Street Committee
all buildings not numbered or incorrectly numbered or having numbers
not maintained as required by this Part.
[Ord. 168, 8/9/1917, § 4; as amended by Ord. 463,
10/4/1955, § 3; by Ord. 724, 5/4/1982; and by Ord. 830,
2/13/1995]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
1.
BUILDING
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 Part, 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.
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.
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 insects, 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 Part and with rules and regulations adopted pursuant
hereto, 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.
2.
Whenever the words "dwelling," "dwelling unit," or "premises," are
used in this Part, they shall be construed as though they were followed
by the words "or any part thereof."
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
All dangerous buildings within the terms of § 201
of this Part are hereby declared to be public nuisances and shall
be repaired, vacated or demolished as herein provided.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
The following standards shall be followed in substance by the
Code Enforcement Officer/Zoning Officer of the Borough 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 Part, 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 Code
Enforcement Officer/Zoning Officer. The Code Enforcement Officer/Zoning
Officer shall remove such placard whenever the defect or defects upon
which the placarding action were based have been eliminated.
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
Part; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this Part or any ordinance of the Borough
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.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
1.
The Code Enforcement Officer/Zoning 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 § 201 above.
2.
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Code Enforcement Officer/Zoning
Officer shall issue a written notice to the person or persons responsible
therefor. The notice:
A.
Shall be in writing.
B.
Shall include a statement of the reasons it is being issued.
C.
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure.
D.
Shall be served upon the owner, or his agent, or the occupant, as
the case may require:
(1)
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 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.
(2)
Except 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 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.
E.
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Part and with the rules and
regulations adopted pursuant hereto.
3.
Appear at all hearings conducted by the Borough Council and testify
as to the condition of dangerous buildings.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Part may request and
shall be granted a hearing on the matter before the Borough Council;
provided, that such person shall file with the Borough Manager 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 Manager 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
on which the petition was filed.
2.
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
Part shall automatically become an order if a written petition for
a hearing is not filed with the Borough Manager within 10 days after
such notice is served.
3.
Any aggrieved party may appeal the final order to the court of common
pleas in accordance with the provisions of the Judicial Code, Title
42, Pa.C.S.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
No person shall remove or deface the notice of dangerous building,
except as provided in § 203(3).
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
Whenever the Code Enforcement Officer/Zoning 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 Part, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the Code Enforcement Officer/Zoning Officer shall
be afforded a hearing as soon as possible. After such hearing, depending
upon the findings as to whether the provisions of this Part have been
complied with, the Code Enforcement Officer/Zoning 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.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
If the owner, occupant, mortgagee or lessee fails to comply
with the order of the Code Enforcement Officer/Zoning 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, he 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 may collect the cost of such repair,
vacation or demolition together with a penalty of 10% of such cost,
in the manner provided by law. Or, the Borough may seek injunctive
relief in a court of competent jurisdiction pursuant to the rules
of civil procedure.
[Ord. 651, 6/18/1974; as revised by Ord. 830, 2/13/1995]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 plus costs, 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.
