[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:
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.
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.
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.
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.
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.
[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.
