[HISTORY: Adopted by the Borough Council of the Borough of
Verona 6-12-2018 by Ord. No. 03-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 110.
Nuisances — See Ch. 154.
Property maintenance — See Ch. 174.
[1]
Editor's Note: This ordinance also superseded former Ch. 118,
Buildings, Unsafe, adopted 6-8-1999 by Ord. No. 3-1999 (Ch. X, Part
3, of the 1976 Code of Ordinances).
This chapter shall be known as and may be cited as "Borough
Dangerous Buildings Ordinance."
This chapter 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 chapter its most reasonable
application consistent with its intent.
B.
The word "shall" is always mandatory and not merely directory.
C.
BOROUGH
COUNCIL
DANGEROUS BUILDING
(1)
(2)
(3)
(4)
(5)
(6)
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Verona, County of Allegheny, Commonwealth
of Pennsylvania.
The existing elected or appointed members of the Borough
Council.
All the buildings or structures which have any or all of
the following defects; and all such buildings or structures shall
be deemed "dangerous buildings" as:
Those which have been damaged by fire, wind or other cause so
as to fail utterly to provide the amenities essential to decent living
and are unfit for human habitation;
Those which 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;
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly fail to provide the amenities essential
to decent living so that they are unfit for human habitation;
Those which have become or are so dilapidated, decayed, unsafe,
unsanitary or which so utterly 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;
Those which have parts thereof which are so attached that they
might fall and injure members of the public or adjoining property;
or
Those which 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 text 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 building continues
after notice is given that said dangerous building is to be repaired,
vacated and/or demolished shall constitute a separate offense in violation
of this chapter.
A.
Whenever it is reported or comes to the attention of any person,
citizen, Borough official or police officer that any building or structure
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 a Borough official or a
committee or a police officer to make an investigation and examine
the building or structure reported. If the official, committee, or
police officer 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 § 118-5 of this chapter, 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.
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.
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 exist in violation of the terms of this
chapter, 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 chapter, any other ordinance of
the Borough or any statute of the Commonwealth of Pennsylvania, it
shall be demolished.
Prior to excavation or demolition of a building, the owner shall
comply with the following guidelines for pest and rodent control:
A.
Hire a licensed, reputable pest control operator to assess and survey
the property to identify pest and rodent activity and develop a pest
control plan as needed.
B.
Provide the Borough of Verona with a copy of the pest control plan
that details strategies to eliminate pest activity on site and prevent
off-site migration of pests, as follows:
(1)
Full site assessment and survey detailing areas detailing evidence
of general pest activity on site, if any;
(2)
Methods for eliminating activity prior to demolition including rodenticides,
traps, etc., used as well as dates of service;
(3)
Plan for preventing pest migration off site during demolition and
construction - baiting, trapping, perimeter trapping, and/or other
methods as well as proposed frequency of service;
(4)
Last pest control site visit shall be no later than two weeks prior
to demolition.
C.
The pest control operator should continue to monitor the demolition
site for the duration of the project and take whatever action necessary
to control the pest infestation.
D.
The pest control operator shall implement predemolition plan and
shall file a report with the Borough of Verona every one to two weeks
summarizing the operator's findings.
A.
If any structure is deemed to be a dangerous building within the standards of this chapter after the hearing, then Council within the time set forth in § 118-6D of this chapter shall cause notice of this order issued under § 118-6D of this chapter 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.
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 his 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 chapter; 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 60 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 § 118-7 of this chapter or who violates any of the other provisions of this chapter, shall upon conviction before a District Justice, be subject to a fine not exceeding $300 plus costs, and in default of payment of the fine and costs shall be subject to imprisonment for a period not to exceed 30 days. Each day of a violation shall be considered separate violations and offenses.
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 failure
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 therefor to be charged upon the land as
a lien; and, this subsection is separate from 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 and pest control measures of such dangerous building shall be collected as provided for in § 118-9B of this chapter.
A.
In the event of any provision, section, sentence, clause, or part
of this chapter being held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of the chapter, it being the intent of the Borough that such
remainder shall be and shall remain in full force and effect and for
this purpose the provisions of this chapter are hereby declared to
be severable.
B.
In the event of any legislation by the Commonwealth of Pennsylvania
becoming effective dealing with the same or similar subject matter
as that included herein, such shall remain in full force and effect
if it is more restrictive, and not inconsistent with such legislation,
but if such legislation is more restrictive than, inconsistent with,
or both, then this chapter shall be interpreted according to such
legislation and shall be superseded to the extent necessary to give
such legislation appropriate effect. However all the remainder of
the chapter shall be and shall remain in full force and effect and
for this purpose the provisions of this chapter are hereby declared
to be severable.
All ordinances or parts of ordinances expressly inconsistent
herewith, or dealing with the same or similar subject matter of this
chapter, are expressly repealed.
This chapter shall be effective within five days after adopted
by the Council and approved by the Mayor.
