A.
Whenever an owner, operator or agent of a dwelling, dwelling unit
or rooming unit fails, neglects or refuses to make repairs or other
corrective action called for by a second order or notice of violation
issued pursuant to § 86-83, the Health Officer may undertake
such repairs or action when, in its judgment, a failure to make them
will endanger the public health, safety or welfare, and the cost of
such repairs and action will not exceed 50% of the fair market of
the structure to be repaired.
B.
Notice of the intention to make such repairs or take other corrective
action shall be served upon the owner, operator or agent pursuant
to Article XV or upon the Health Officer, as designated agent for
service pursuant to § 86-68A, or upon the resident agent
of the owner, as designated agent for service pursuant to § 86-68B.
C.
Every owner, operator or agent of a dwelling, dwelling unit, or rooming
unit who has received notice of the intention of the Health Officer
to make repairs or take other corrective action shall give entry and
free access to the agent of the Health Officer for the purpose of
making such repairs. Any owner, operator or agent of a dwelling, dwelling
unit or rooming unit who refuses, impedes, interferes with, hinders
or obstructs entry by such agent pursuant to a notice of intention
to make repairs or take other corrective action shall be subject to
a civil penalty of $100 for each such failure to comply with this
article.
D.
When repairs are made or other corrective action taken at the direction
of the Health Officer, cost of such repairs and corrective action
shall constitute a debt in favor of the Borough of Colwyn against
the owner of the repaired structure. In the event that such owner
fails, neglects or refuses to pay the Borough of Colwyn the amount
of this debt, it shall be recoverable in a civil action against the
owner or his successor, brought in a court of competent jurisdiction
by the Borough of Colwyn, which shall possess all rights of a private
creditor.
E.
Boarding of buildings:
[Added 5-13-2004 by Ord. No. 515]
(1)
Boarding-up procedures. No building shall have the windows or doors
blocked except to alleviate a dangerous condition which is of temporary
nature. A detailed description of the planned work, including specifications
of dangerous conditions, the name, address, and phone number of the
individual responsible for the property, and the period of time it
will take to correct the condition, must be immediately submitted
to the Borough Manager for review and approval.
(2)
If boarding is approved, all boards must be installed inside the
building, with all surfaces that face outside to be painted white.
Only in extraordinary circumstances, and with the approval of the
Borough Manager, will boards be allowed on the outside of the building.
The same painting requirements will remain in effect.
A.
Any dwelling, dwelling unit or rooming unit shall be designated as
unfit for human habitation when any of the following defects or conditions
are found and when, in the judgment of the Health Officer, these defects
create a hazard to the health, safety or welfare of the occupants
or of the public:
B.
Whenever any dwelling, dwelling unit or rooming unit has been designated
as unfit for human habitation, the Health Officer shall placard the
dwelling, dwelling unit or rooming unit, indicating that it is unfit
for human habitation and, if occupied, shall order the dwelling, dwelling
unit or rooming unit vacated within a reasonable time, such time to
be not less than two days (or 48 hours) nor more than 10 days.
C.
No dwelling, dwelling unit or rooming unit which has been designated
as unfit for human habitation and which has been placarded as such
and has been vacated shall be used again for human habitation until
written approval is secured from the Health Officer and the placard
removed by the Health Officer.
D.
The Health Officer shall rescind the designation as unfit for human
habitation and remove the placard when the defect or condition upon
which such designation and such placarding was based has been removed
or eliminated as to cause the dwelling, dwelling unit or rooming unit
to be deemed by the Health Officer as a safe, sanitary and fit place
or fit for human habitation.
E.
No person shall deface or remove the placard from any dwelling, dwelling
unit or rooming unit which has been designated as unfit for human
habitation and has been placarded as such, except as provided in Subsection
D.
F.
Any person affected by any decision of the Health Officer or by any
designation or placarding of a dwelling, dwelling unit or rooming
unit as unfit for human habitation shall be granted a hearing on the
matter before the Health Officer under the procedure set forth in
Article XIX of this chapter.
A.
The Health Officer shall order a dwelling, dwelling unit or rooming
unit to be demolished if it has been designated as unfit for human
habitation, has been placarded as such, has been vacated, has not
been put into proper repair as to rescind the designation as unfit
for human habitation and to cause the placard to be removed, and is
determined by the Health Officer not to warrant repair under § 86-88A.
B.
The owner of any dwelling, dwelling unit or rooming unit which has
been ordered demolished shall be given notice of this order in the
manner provided for service of notice in Article XV and shall be given
a reasonable time, not to exceed 90 days, to demolish such structure.
C.
Any owner aggrieved by the notice to demolish may, within 10 days,
seek a reconsideration of the matter in the manner hereinafter provided
and may seek a formal hearing in the manner provided in Article XIX.
D.
When the owner fails, neglects or refuses to demolish an unfit, unsafe
or insanitary dwelling, dwelling unit or rooming unit within the requisite
time, the Health Officer may apply to a court of competent jurisdiction
for a demolition order to undertake the demolition. The court may
grant such order when no reconsideration or hearing on the matter
is pending. The cost of such demolition shall create a debt in favor
of the Borough of Colwyn against such owner and shall be recoverable
in a civil action brought by the Borough of Colwyn, which shall possess
all the rights of a private creditor.
E.
Whenever a dwelling is demolished, whether carried out by the owner
or by the Health Officer, such demolition shall include the filling
in of the excavation remaining on the property on which the demolished
dwelling was located in such a manner as to eliminate all potential
danger to the public health, safety or welfare arising from such excavation.
F.
All demolition shall be preceded by an inspection of the premises
by the appropriate authority to determine whether or not extermination
procedures are necessary. If the premises are found to be infested,
appropriate rat extermination to prevent the spread of rats to adjoining
or other areas shall be instituted before, during and after demolition.
There is hereby created a revolving fund for the purpose of
supporting the cost of repairs and other corrective action or demolition
made by the Health Officer pursuant to §§ 86-88 and
86-89. Into this fund shall be paid:
D.
Such other revenues as this Borough of Colwyn may from time to time
authorize to be paid into this fund.
E.
All donations and grants designed to promote the purposes of this
chapter from public or private sources. The Health Officer is hereby
declared to be the authorized agency of the Borough of Colwyn to apply
for and receive all grants, loans and gifts of funds to promote the
purposes of this chapter.
