[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople 10-10-1994 by Ord. No. 700 (Ch. 4, Part 1, of the
1995 Code). Amendments noted where applicable.]
A.
BUILDING
DANGEROUS BUILDINGS
(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 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.
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
health.
Those which, because of their location, are unsanitary or otherwise
dangerous to the health or safety of the occupants or the public.
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, fumigation,
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 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 the 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.
Whenever the words "dwelling," "dwelling unit" and "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 § 96-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as herein provided.
If a building or other structure is deemed to be a nuisance
or dangerous structure, the Building Inspector or his designated representative
shall forthwith cause written notice to be personally served upon
the owner or his designated agent of such building or structure if
the owner or his designated agent resides in the Borough. Such notice
shall fully set forth all violations and shall require the owner of
the building or structure to commence the repair or removal of such
structure within 15 days of receipt of said notice and to complete
such repair or removal within 60 days thereof, provided that, in any
case where the notice prescribes the repair of any structure only,
the owner thereof shall have the option to remove such structure instead
of making the repairs thereto within the same time limit.
If the notice required in § 96-3 hereof cannot be personally served upon the owner of a nuisance or dangerous structure, or his designated agent, such notice shall be sent to the owner or his designated agent by registered mail at the last known address therefor.
A.
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 Zelienople
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.
B.
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 chapter shall automatically become an order if written petition
for a hearing is not filed with the Borough Manager within 10 days
after such notice is served.
C.
Any aggrieved party may appeal the final order to the court of common
pleas in accordance with the provisions of the Judicial Code.
No person shall remove or deface the notice of dangerous building, except as provided in § 96-3.
[Amended 12-11-1995 by Ord. No. 715]
If the owner of any nuisance or dangerous structure to whom a notice as provided for in § 96-3 of this chapter has been sent fails to commence to repair or remove such structure or fails to file an appeal within 15 days of such notice, such owner shall be deemed to be in violation of the provisions of this chapter and, upon conviction thereof, shall be fined not less than $300 and no more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days, provided that each day's continuance of the violation of the provisions of this chapter shall constitute a separate offense and the violator shall be fined not more than $300 per day each day that he is in violation of this chapter.
If the owner of any nuisance or dangerous structure to whom
a notice to remove such structure has been sent fails to commence
such removal or file an appeal to the decision of the Building Inspector
within 15 days from the date of such notice, the Borough Council shall
be empowered in accordance with § 1202 of the Borough Code[1] to cause such removal to be commenced and completed by
the Borough or by a designated agency or agent of the Borough, and
the costs and expenses shall be borne by the owner of such structure
and shall be collected by summary proceedings or in the manner provided
for in the collection of municipal claims or by an action in assumpsit
or in equity without the filing of a municipal claim. All costs shall
include, but not be limited to, all legal fees, engineering fees,
administrative costs, demolition costs, a penalty of 10% of all costs,
and interest at the rate of 6% per annum from the date of commencement
of the work of removal of said structure.
[1]
Editor's Note: See 53 P.S. § 46202.
