Borough of Burnham, PA
Mifflin County
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Table of Contents
Table of Contents
[Ord. 1980-4, 6/25/1980, § 1]
This Part shall be known as the "Dangerous Structure Ordinance of 1980."
[Ord. 1980-4, 6/25/1980, § 2]
The following words and phrases, when used in this Part, shall have the meaning subscribed to them in this Section, except where the context clearly indicates or requires a different meaning:
DWELLING
A building or structure, except temporary house, which is wholly or partly used or intended to be used for living or sleeping quarters by human occupants. The term "dwelling" as used herein shall include rooming houses and multifamily dwellings as well as single-family dwellings.
OWNER
Any person who, alone or jointly or severally with others, shall have legal title to any structure, with or without accompanying actual possession thereof, or shall operate, have charge, care, or control of any structure under an article of agreement or as executor, executrix, administrator, administratrix, trustee, attorney-in-fact, or guardian of the estate of the person having legal title. Any person representing the owner, as heretofore defined, as agent, shall be bound to comply with the provisions of this Part to the same extent of the owner; provided, however, that no agent of such owner shall be held personally responsible for the failure of the owner to make expenditures to comply with the terms of this Part, on condition that the said agent has notified the owner of the provisions of this Part with which he is required to comply and has not been authorized by the owner to make the expenditures required.
PERMIT
To suffer, allow, consent, let; to give, leave or license; to acquiesce by failure to prevent, or to expressly accept or agree to the doing of any act.
PERSON
A natural person, a partnership, a corporation, a fiduciary or an association. Whenever used in any Section prescribing and imposing a penalty, the term "person" as applied to any partnership, corporation, association or other entity shall also mean the partners, officers of the corporation or members of the association.
STRUCTURE
Buildings of all kinds, excluding dwellings, and including, but not limited to, partial or incomplete buildings, foundations, whether being built or demolished, buildings damaged by fire or otherwise, physically deteriorated buildings, sheds, storage buildings, warehouses, commercial or industrial buildings and garages.
[Ord. 1980-4, 6/25/1980, § 3]
It shall be unlawful for any owner to maintain on public or private property any dangerous or dilapidated or decayed or unsafe structure of such a nature that it:
A. 
Interferes with the health and/or safety of persons beyond the boundaries of such property or of persons who might reasonably be expected to enter upon or be in such property.
B. 
Disturbs, interferes and endangers the peaceful use of the property of others within the Borough, taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood.
[Ord. 1980-4, 6/25/1980, § 4]
Any owner who shall create, continue, maintain or permit to exist any such dangerous or dilapidated or decayed or unsafe structure at any place within the Borough shall, within 10 days, or such greater reasonable time as determined by Borough Council, after notice from Borough Council to do so, remove or repair such structure so as to correct the structure's dangerous, dilapidated, decayed or unsafe condition. If such owner shall fail, neglect or refuse to remove or satisfactorily repair such structure within such time limit, the Borough Council shall have authority, in person or by its agents and/or employees, to remove said structure, and in so doing, shall have authority to enter upon the property of such person in default and, thereupon, the Borough Council shall collect the cost and expense of such removal from any owner who created, continued, caused, maintained or permitted the said structure to exist, such owner having failed, neglected or refused to remove or repair such structure when so requested, with an additional amount of 10%, in the manner provided by law, for the collection of municipal claims, or by an action in assumpsit, provided such cost and expense so levied on any owner shall be in addition to any penalty imposed under § 105 of this Part.
[Ord. 1980-4, 6/25/1980, § 5; as amended by Ord. 1995-2, 3/14/1995]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that violation of this Part continues after the expiration of 10 days or such longer reasonable time is provided by Borough Council, after issuance of the notice referred to in § 104, shall constitute a separate offense.
[Ord. 1980-4, 6/25/1980, § 6]
The Borough may further seek relief by instituting proceedings in equity.
[Ord. 2004-2, 5/3/2004]
This Part 2 shall be known and may be cited as the "Uniform Construction Code Election Ordinance."
[Ord. 2004-2, 5/3/2004]
This municipality hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act of November 10, 1999, Act 45 of 1999, 35 P.S. § 7210.101-7210.1103, as amended from time to time, and its regulations, as amended from time to time.
[Ord. 2004-2, 5/3/2004]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, inclusive, and as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of the Borough of Burnham, Mifflin County, Pennsylvania.
[Ord. 2004-2, 5/3/2004]
Administration and enforcement of the Code within this municipality shall be undertaken in any of the following ways as determined by the governing body of this municipality, from time to time, by resolution:
A. 
By the designation of an employee of the municipality to serve as the municipal code official to act on behalf of the municipality;
B. 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the municipality;
C. 
By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
D. 
By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this municipality;
E. 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 2004-2, 5/3/2004]
A Board of Appeals shall be established by resolution of the Borough Council of the Borough of Burnham in conformity with the requirements of the relevant provisions of the code, as amended from time to time, and for the purposes set forth therein.[1] At any time, if enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
[1]
Editor's Note: See Chapter 1, Part 3C.
[Ord. 2004-2, 5/3/2004]
The following shall apply as to existing building code ordinances or portions of ordinances, if any, heretofore adopted by the Borough of Burnham, Mifflin County, Pennsylvania:
A. 
All building code ordinances or portions of ordinances which were adopted by this municipality on or before July 1, 1999, and which equal or exceed the requirements of the code, shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
B. 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part 2 and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
C. 
All relevant ordinances, regulations and policies of this municipality not governed by the code shall remain in full force and effect.
[Ord. 2004-2, 5/3/2004]
Fees assessable by the municipality for the administration and enforcement undertaken pursuant to this Part and the Code shall be established by the governing body, by resolution from time to time.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Borough Secretary.
[Ord. 2004-2, 5/3/2004]
The effective date of this Part shall be May 15, 2004.