[HISTORY: Adopted by the Borough Council of the Borough of Walnutport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 165.
Grass, weeds and other vegetation — See Ch. 219.
Nuisances — See Ch. 279.
Property maintenance — See Ch. 318.
[Adopted 3-21-1983 by Ord. No. 83-2 (Ch. 4, Part 9, of the 1983 Code of Ordinances)]
A. 
The following definitions shall apply in the interpretation and enforcement of this article:
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 structures.
DWELLING
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.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by Borough Council.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION
The presence, within or around a dwelling, of any insects, rodents or other pests.
OWNER
The 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 article, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
Includes any individual, firm, corporation, association or partnership, or other legal entity.
PROPERTY
A piece, parcel, lot or tract of land.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term shall include the 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.
STRUCTURE
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. 
Meaning of certain words. Whenever the words "dwelling," "dwelling unit," or "premises" are used in this article, they shall be construed as though they were followed by the words "or any part thereof."
The Council or their designated agent shall make periodic inspections of any dwelling, building, structure or property. Whenever an inspection discloses that a dwelling, building, structure or property by reason of its being a rat harborage or for any other reason has become a public nuisance or a hazard to the health, safety or welfare of the public, the Council shall issue a written notice requiring the owner, within a reasonable time specified in the notice, to rectify the conditions constituting the nuisance, or to remove the conditions constituting a nuisance or demolish and remove the dwelling, building or structure. Such removal or demolition of a dwelling, building or structure shall not be ordered unless the cost of such repair, alteration or improvement shall exceed 50% of the market value of the dwelling, building or structure.
A. 
Whenever the Council determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, they shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(1) 
Such notice shall:
(a) 
Be put in writing;
(b) 
Include a statement of the reasons why it is being issued;
(c) 
Allow a reasonable time for the performance of any act it requires;
(d) 
Be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, 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 this state.
(2) 
Such notice may:
(a) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with the rules and regulations adopted pursuant thereto.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter before the Borough Council; provided that such person shall file with the 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 Council 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 20 days after the day on which the petition was filed.
C. 
After such hearing, the Borough Council shall sustain, modify or withdraw the notice. If Borough Council sustains or modifies such notice, it is shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed with the Secretary within 10 days after such notice is served.
D. 
Whenever Borough Council finds that an emergency exists which requires immediate action to protect the public health, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Borough Council shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this article have been complied with, Borough Council continue such order in effect, or modify it, or revoke it.
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
A. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by Borough Council or their designated agent:
(1) 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) 
One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) 
One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public.
B. 
Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by Borough Council or their designated agent, shall be vacated within a reasonable time as ordered.
C. 
No dwelling or dwelling unit which has been condemned and 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 Council. The Borough Council shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
D. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C above.
E. 
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before Borough Council.
Any person who shall violate any provision of this article shall, upon conviction, be punished by a fine of not more than $300, or by imprisonment for not more than 30 days or both, and each day's failure to comply with any such provision shall constitute a separate violation.
A. 
In any case where a provision of this article is found to be in conflict with a provision of any ordinance existing on the effective date of this article, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this article shall be deemed to prevail, and such other ordinances are hereby declared to be repealed to the extent that they may be found in conflict with this article.
B. 
If any section, subsection, paragraph, sentence, clause, or phrase of this article should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall remain in full force and effect; and to this end the provisions of this article are hereby declared to be severable.
In addition to the penalties heretofore set forth in this article, any building or structure, constructed, created or maintained in violation of this article is hereby declared to be a public nuisance. The Borough is authorized to require the removal of any such nuisance by the owner or occupier of the land upon which such nuisance exists. If the owner or occupier fails, neglects or refuses to remove any such nuisance after being ordered to do so by the Borough, the Borough may cause the same to be done, and collect the cost thereof, together with a penalty of 10% of such cost, in the manner provided by law for the collection of municipal claims, or by an action of assumpsit, or the Borough may seek relief in equity.
[Adopted 4-1-2004 by Ord. No. 2004-01]
This article shall be known as and may be cited as "Borough Dangerous Buildings Ordinance."
This article 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.
A. 
Unless otherwise specifically defined below, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give the ordinance its most reasonable application consistent with its intent.
B. 
The word "shall" is always mandatory and not merely directory.
C. 
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Walnutport.
COUNCIL
The existing elected or appointed members of the Borough Council.
DANGEROUS BUILDINGS
All buildings or structures that have any or all of the following defects:
(1) 
Those that have been damaged by fire, wind or other cause so as to fail to provide the amenities essential to decent living and are unfit for human habitation;
(2) 
Those that 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 occupant or the people of the Borough;
(3) 
Those that are so dilapidated, decayed, unsafe, unsanitary or that fail to provide the amenities essential to decent living so that they are unfit for human habitation;
(4) 
Those that are so dilapidated, decayed, unsafe, unsanitary or that 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;
(5) 
Those that have parts thereof that might fall and injure members of the public or adjoining property; or
(6) 
Those that because of their general condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Borough.
D. 
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 whether in the feminine, masculine or neuter shall include words of the other two genders.
A. 
All "dangerous buildings" are hereby declared to be public nuisances and shall be repaired, vacated and/or demolished.
B. 
Each day a nuisance in the form of a dangerous buildings continues after notice is given that said dangerous building is to be repaired and the opportunity to cure, which shall be a period of no longer than 60 days, vacated and/or demolished, shall constitute a separate offense in violation of this article. Said opportunity to cure may be extended by Borough Council for a period up to an additional 60 days for good cause shown.
A. 
Whenever it is reported or comes to the attention of any person, citizen, Borough official or police officer that any building or structure whether completed or in the process of construction, or any portion thereof, is in a dangerous condition, such person shall report the same to the Borough Council or to the Mayor. If reported to the Mayor, then the Mayor shall notify the Borough Council.
B. 
The Borough Council shall then designate an engineer to make an investigation and examine the building or structure reported. If the Engineer 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.
The Council of the Borough shall:
A. 
Upon receipt of a report in accordance with the investigation procedure provided hereinabove in § 135-12 of this article, 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, 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 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 Council or determination made by Council or if the foregoing cannot be located after reasonable efforts, then by posting said notice at the property;
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; and
D. 
If dangerous, 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.
The following standards shall be followed in substance by the Council in ordering repair, vacation or demolition of a dangerous building:
A. 
If the dangerous building can be repaired as determined by the Council so that it will no longer violate the terms of this article, 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.
C. 
If the dangerous building cannot be reasonably repaired as determined by the Council, it shall be demolished.
D. 
If the dangerous building is a fire hazard or is existing or erected in violation of the terms of this article, any other ordinance of the Borough or any statue of the Commonwealth of Pennsylvania, it shall be demolished.
A. 
If any structure is deemed to be a dangerous building within the standards of this article after the hearing, then Council within the time set forth in § 135-13D of this article shall cause notice of this order issued under § 135-13D of this article to be served upon the owner or owners of such dangerous buildings 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, or nailed to the door.
B. 
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 this 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 the County in the Commonwealth of Pennsylvania.
C. 
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 article; provided further 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.
D. 
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 90 days from the receipt of such notice.
A. 
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 § 135-15 of this article or who violates any of the other provisions of this article, shall upon conviction before a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $1,000, plus costs, and in default of payment of the fine and costs shall be subject to imprisonment for a period not to exceed 90 days. Each day of a violation shall be considered a separate violation and offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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 failing does empower the 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 therefore 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.
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, the Council shall 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 § 135-16B of this article. Notwithstanding anything herein to the contrary, the Borough may at any time file for equitable relief with the Northampton County Court of Common Pleas.