[HISTORY: Adopted by the Borough Council of the Borough of
Muncy 11-4-1975 by Ord. No. 347; amended in its entirety 11-5-1991 by Ord. No.
422 (Ch. 10, Part 2, of the 1993 Code). Subsequent
amendments noted where applicable.]
A.Â
BUILDING
DANGEROUS BUILDING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
INFESTATION
OWNER
(1)Â
(2)Â
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;
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 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 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.Â
Whenever the words "dwelling," "dwelling unit," or "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 § 107-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.
The following standards shall be followed in substance by the
Mayor, Chief of Police, Health Officer or Code Enforcement Officer
of the Borough of Muncy in ordering repair, vacation, or demolition:
A.Â
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this chapter, it shall
be ordered to be repaired.
B.Â
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.Â
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 Mayor,
Chief of Police, Health Officer or Code Enforcement Officer. The Mayor,
Chief of Police, Health Officer or Code Enforcement Officer shall
remove such placard whenever the defect or defects upon which the
placarding action were based have been eliminated.
D.Â
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
chapter; or if a dangerous building is a fire hazard existing or erected
in violation of the terms of this chapter or any ordinance of the
Borough of Muncy 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.
A.Â
The Mayor, Chief of Police, Health Officer or Code Enforcement 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 § 107-1 above.
B.Â
Whenever an inspection discloses that a dwelling, building or structure
has become a public nuisance, the Mayor, Chief of Police, Health Officer
or Code Enforcement Officer shall issue a written notice to the person
or persons responsible therefor. The notice:
(1)Â
Shall be in writing;
(2)Â
Shall include a statement of the reasons it is being issued;
(3)Â
Shall state a reasonable time to rectify the conditions constituting
the nuisance or to remove and demolish the dwelling, building or structure;
(4)Â
Shall be served upon the owner, or his agent, or the occupant, as
the case may require.
(a)Â
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.
(b)Â
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.
(5)Â
May contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
C.Â
Appear at all hearings conducted by the Mayor, Chief of Police, Health
Officer or Code Enforcement Officer and testify as to the condition
of dangerous buildings.
A.Â
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 Mayor, Chief
of Police, Health Officer or Code Enforcement Officer; provided, that
such person shall file with the Mayor, Chief of Police, Health Officer
or Code Enforcement Officer 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 Mayor, Chief of Police, Health Officer or Code Enforcement
Officer 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.
B.Â
After such hearing, the Mayor, Chief of Police, Health Officer or
Code Enforcement Officer shall sustain, modify or withdraw the notice.
If the Mayor, Chief of Police, Health Officer or Code Enforcement
Officer 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 a written petition for a hearing is not filed with
the Mayor, Chief of Police, Health Officer or Code Enforcement Officer
within 10 days after such notice is served.
No person shall remove or deface the notice of dangerous building, except as provided in § 107-3C.
Whenever the Mayor, Chief of Police, Health Officer or Code
Enforcement 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 chapter, such
order shall be effective immediately. Any person to whom such order
is directed shall comply therewith immediately, but upon petition
to the Mayor, Chief of Police, Health Officer or Code Enforcement
Officer, shall be afforded a hearing as soon as possible. After such
hearing, depending upon the findings as to whether the provisions
of this chapter have been complied with, the Mayor, Chief of Police,
Health Officer or Code Enforcement 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.
If the owner, occupant, mortgagee, or lessee fails to comply
with the order of the Mayor, Chief of Police, Health Officer or Code
Enforcement Officer within the time specified in the notice issued
by the Mayor, Chief of Police, Health Officer or Code Enforcement
Officer, the Mayor, Chief of Police, Health Officer or Code Enforcement
Officer shall cause such building or structure to be repaired, vacated,
or demolished as the facts may warrant, under 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.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$300, and/or to undergo imprisonment for a term not to exceed 90 days.
Each day that a violation continues beyond the date fixed for compliance
shall constitute a separate offense.