[Ord. 416, 12/13/2015, § 1]
As used in this Part, 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, including but not limited
to a dwelling, garage, barn, stable, shed, greenhouse, mobile home,
plant, factory, warehouse, school or similar structure.
All buildings dwellings or structures which have any or all
of the following defects may be deemed dangerous buildings:
Those with interior walls or other vertical structural members
that 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 approximately 33% or more of the supporting member or members or
damage or deterioration to approximately 50% or more 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, water, infestation, wind,
land subsidence, landslide, 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 persons or property.
Those which lack illumination, ventilation or sanitation facilities
or because of any other 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 any building
code, property maintenance code, fire prevention code or other code
that has been adopted by and/or set forth in any other ordinance or
ordinances of the Borough of Rankin.
Those which have been inspected by the fire department and found
to be fire hazards by reason of age, condition, dilapidation, obsolescence
or abandonment.
Any building which is wholly or partly used or intended to
be occupied by humans for any length of time for living or sleeping.
Whenever the word "dwelling" is used in this Chapter, it shall be
construed as though it were followed by the words "or any part thereof."
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 occupying, living or sleeping by human occupants.
Whenever the words "dwelling unit" are used in this Chapter, they
shall be construed as though they were followed by the words "or any
part thereof."
The Zoning Officer, Code Enforcement Officer, Building Inspector,
Borough Engineer, Fire Official or any other person designated by
the governing body to enforce the municipality's ordinances.
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.
Unwanted, worthless or noxious materials.
The Borough Council of Rankin.
Presence within or around a dwelling of rodents, pests or
colonies or swarms of insects.
The Borough of Rankin.
Person who alone or jointly or severally with others:
Shall have legal title to any structure, building, dwelling
or dwelling unit with or without accompanying actual possession thereof.
Shall have charge, care or control of any structure, building,
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
that person were the owner.
Any individual, firm, corporation, association, partnership
or other legal entity.
A piece, parcel, lot or tract of land. Whenever the word
"property" is used in this Chapter, it shall be construed as though
it were followed by the words "or any part thereof."
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, plastics, mineral
matter, glass, crockery, containers of liquid waste 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.
[Ord. 416, 12/13/2015, § 2]
All dangerous buildings, structures and dwellings are hereby
declared to be public nuisances and shall be repaired, vacated or
demolished as herein provided.
[Ord. 416, 12/13/2015, § 3]
The following standards shall be followed in substance by the
Enforcement Officer in ordering repair, vacation or demolition:
1.
If the dangerous building, structure or dwelling can reasonably be
repaired so that it will no longer exist in violation of the terms
of this Part, it shall be ordered to be repaired.
2.
If the dangerous building, structure or dwelling is in such condition
as to make it dangerous to the health, safety or general welfare of
its occupants or the public, it shall be ordered to be repaired or
vacated within such length of time as is reasonable with said length
of time not to exceed 30 days. Said dangerous building, structure
or dwelling shall be placarded so as to place persons on notice that
it is unfit for human habitation.
3.
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 Enforcement
Officer. The Enforcement Officer shall remove such placard whenever
the defect or defects upon which the placarding action were based
have been eliminated.
4.
If the dangerous building, dwelling or structure, whether or not
vacant, has not been repaired in accordance with the notice and order
herein provided, and if it is in such condition as to make it dangerous
to the health, safety, morals or general welfare of its occupants
or of the public, and the vacation of the building, dwelling or structure
would not eliminate such condition, it shall be ordered to be demolished.
[Ord. 416, 12/13/2015, § 4]
1.
The Enforcement Officer shall inspect on a regular basis dwellings, buildings and structures to determine whether any conditions exist which cause any such dwellings, buildings or structures to qualify as a dangerous building within the terms § 4-101 of this Part.
2.
Whenever an inspection discloses that a dwelling, building or structure has become a dangerous building the dangerous building shall be deemed to be a public nuisance as provided in § 4-201 of this Part and the Enforcement Officer shall issue a written notice to the person or persons responsible therefor. The notice:
A.
Shall be in writing.
B.
Shall include a statement of the reasons the notice is being issued.
C.
Shall state a reasonable time period in which to rectify the conditions
constituting the nuisance or to remove and demolish the dwelling,
building or structure.
D.
May contain an outline of remedial action which, if taken, will remedy
the dangerous condition of the building.
E.
Shall contain notice of the right to appeal to the governing body.
F.
Shall be served upon the owner or his agent, the occupant, the local
taxing bodies and upon persons having a recorded mortgage or recorded
judgment lien interest in or against the property that is filed and
recorded in the public records of the Allegheny County Prothonotary's
Office and/or the Allegheny County Recorder's Office. Except
in emergency cases, all owners and interested parties described in
this subsection shall be personally served with notice if they reside
or have a regular place of business in the municipality. All owners
and interested parties described in this subsection who do not reside
or have a regular place of business in the municipality shall be served
notice by U.S. certified mail, return receipt requested, to be sent
to the party's last known business or residential address. Notice
to the owner shall be additionally posted in a conspicuous place on
or in the property. Any owner or interested party that, after reasonable
attempts to do so, is not successfully served by the aforementioned
methods shall be provided notice by publication published once in
the local daily newspaper in which notices of the municipality are
typically published.
3.
Appear at all hearings conducted by the governing body or Hearing
Officer designated by the governing body and testify as to the condition
of the dangerous building.
[Ord. 416, 12/13/2015, § 5]
1.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this Part may request and
shall be granted a hearing on the matter before the governing body,
or a Hearing Officer appointed by the governing body, provided that
such person shall file with the Municipal Secretary a written petition
or letter requesting such hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice was
served upon such person. The petition or letter must also set forth
the name and mailing address of the person requesting the hearing
and a phone number at which the person can be contacted. Upon timely
receipt of such petition or letter, the Municipal Secretary shall
set a time and place for such hearing and shall give the petitioner
written notice thereof, by first class, U.S. mail, postage prepaid,
sent to the mailing address provided in the petition or letter. At
such hearing the petitioner shall be given an opportunity to be heard
and to show why the notice should be modified or withdrawn.
2.
After such hearing, the governing body or Hearing Officer appointed
by the governing body, shall sustain, modify or withdraw the notice.
If the governing body, or Hearing Officer appointed thereby, sustains
or modifies such notice, it shall do so in writing and the writing
will be deemed to be a final order of the municipality. Any notice
served pursuant to this Chapter shall automatically become a final
order of the municipality if a written petition or letter for a hearing
is not filed with the Municipal Secretary within 10 days after such
notice is served.
3.
Any aggrieved party may appeal the final order of the Municipality
to the Court of Common Pleas of Allegheny County in accordance with
the provisions of the Judicial Code, 42 Pa.C.S.A. § 101
et seq.
[Ord. 416, 12/13/2015, § 6]
No person shall remove or deface the notice of dangerous building, except as provided in § 4-301 of this Part.
[Ord. 416, 12/13/2015, § 7]
Whenever the 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 Part, such order shall be effective immediately, but upon petition to the Enforcement Officer, an owner or interested party as described in § 4-104, Subsection 2F, above shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this Part have been complied with, the Enforcement Officer shall continue such order in effect, or modify or revoke it. The cost of such an emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided herein for other cases.
[Ord. 416, 12/13/2015, § 8]
1.
If the owner, occupant, mortgagee, or other interested party as listed in § 4-104, Subsection 2F, of this Part having an interest in the dangerous building fails to comply with the order of the Enforcement Officer within the time specified in the notice issued by him and no petition or letter for a hearing is filed as provided for in § 4-105 of this Part, or following a hearing by the governing body or Hearing Officer appointed thereby where the notice is sustained by order as provided for in § 4-105 of this Part, the Enforcement Officer shall cause such building, dwelling or structure to be repaired, vacated or demolished, as determined by the governing body or Hearing Officer appointed thereby in accordance with the standards hereinbefore provided.
2.
If the municipality requests that the Turtle Creek Valley Council
of Governments demolish a dangerous building, then the Solicitor shall
certify to the Turtle Creek Valley Council of Governments that the
municipality has taken all steps necessary to lawfully demolish the
dangerous building, that all proceedings to demolish the dangerous
building have occurred and have been properly conducted, that title
to properties on which such dangerous building is located has been
searched, that all required notices have been given or waivers obtained
prior to demolition of the dangerous building and that the municipality
will indemnify the Turtle Creek Valley Council of Governments for
any claims arising from the demolition of the dangerous building and
will pay any claims, suits or judgements entered with respect thereto,
except claims arising from the negligence or willful, reckless or
wanton conduct of the Turtle Creek Valley Council of Governments or
its agents or employees.
3.
The municipality hereby indemnifies the Turtle Creek Valley Council
of Governments for any claims arising from the Turtle Creek Valley
Council of Government's demolition of dangerous buildings at
the municipality's request and will pay any claims, suits or
judgements entered with respect thereto except claims arising from
the negligence or willful, reckless or wanton conduct of the Turtle
Creek Valley Council of Governments or its agents or employees.
4.
The municipality may collect the cost of such repair, vacation or
demolition together with 10% of such cost, in the manner provided
by law.
5.
The municipality may also seek injunctive relief in a court of competent
jurisdiction pursuant.
[Ord. 416, 12/13/2015, § 9]
Any person who shall violate any provision of this Chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000, and in default of payment thereof to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation continues
beyond the date fixed for a compliance shall constitute a separate
offense.
