[HISTORY: Adopted by the Borough Council of the Borough of Dalton 5-12-1994 by Ord. No. 4-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 263.
Rental property reports — See Ch. 271.
All structures or existing equipment which are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. All unsafe structures shall be taken down and removed or made safe, as the Zoning Enforcement Officer deems necessary and as provided for in this chapter. A vacant structure that is not secured against entry shall be deemed unsafe.
The Zoning Enforcement Officer shall cause a report to be filed with the Dalton Borough Secretary on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
If an unsafe condition is found, the Zoning Enforcement officer shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Zoning Enforcement Officer acceptance or rejection of the terms of the order.
Such notice shall be deemed properly served if a copy thereof is delivered to the owner personally or sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Borough Solicitor shall be advised of all the facts in order to pursue recourse provided by law.
When, in the opinion of the Zoning Enforcement Officer, there is imminent danger of failure or collapse of a building or structure or any part of a structure has fallen and life is endangered by the occupation of the building or structure, the Zoning Enforcement Officer is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The Zoning Enforcement Officer shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or demolishing the same.
When, in the opinion of the Zoning Enforcement Officer, there is imminent danger due to an unsafe condition, the Zoning Enforcement Officer shall cause the necessary work to be done to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted.
When necessary for the public safety, the Zoning Enforcement Officer shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being used.
For the purposes of this section, the Zoning Enforcement Officer shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
Costs incurred in the performance of emergency work may be paid from the Dalton Borough Treasury. The Borough Solicitor shall then institute appropriate action against the owner of the premises where the unsafe structure is or was located.
Equipment deemed unsafe by the Zoning Enforcement Officer shall not be operated after the date stated in the notice unless the required repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the Zoning Enforcement Officer in writing.
In the case of an emergency, the Zoning Enforcement Officer shall have the authority to seal out of service immediately any unsafe device or equipment regulated by this chapter.
Any device or equipment sealed out of service by the Zoning Enforcement Officer shall be plainly marked with a sign or tag indicating the reason for such sealing. The sign or tag shall not be tampered with, defaced or removed except by the Zoning Enforcement Officer.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to undergo imprisonment for not more than 30 days, provided that each violation of any provision of this chapter, and each day the same is continued shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In the event any person shall violate any provision of this chapter, the Council of the Borough of Dalton may order the abatement or removal of any such dangerous structure by the owner or occupant of such grounds after 30 days' written notice to such owner. The Borough of Dalton will assess all costs associated with the abatement or removal of a dangerous structure against the owner and/or occupier, together with a reasonable attorney's fees, not to exceed 15% of the costs of removal and a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action of assumpsit.
This chapter is enacted by the Borough of Dalton under the authority of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No. 581, known as the Borough Code, § 1005, as recodified and amended (see now 8 Pa.C.S.A. § 1005), and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.