[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 10-2-1972 by Ord.
No. 10-2-72-A (Ch. 49 of the 1992 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform constructions codes — See Ch. 215.
Whenever it shall be reported to the Council or President thereof
that any structure, completed or in process of construction, or tree
or any portion thereof is in a dangerous condition, Council shall
immediately cause an investigation and examination to be made of such
structure or tree. If such investigation or examination indicates
such structure or tree to be dangerous in any respect, the parties
appointed to investigate shall report, in writing, to the Council
specifying the exact condition of such structure or tree setting forth
in such report whether and in what respect they consider such structure
or tree to be dangerous and, if so, whether such structure or tree
is capable of being properly repaired or trimmed or whether it should
be removed as a dangerous condition.
If any structure or tree is reported as provided in § 199-1 of this chapter to be in a dangerous condition, the Council shall forthwith cause written notice to be served upon the owner of such structure or tree. Such notice shall require the owner of such structure or tree to commence the repair or trimming or removal of such building or tree within 10 days thereof, provided that in any case where the notice prescribes the repair of any structure or trimming of any tree, the owner thereof shall have the option to remove such structure or tree instead of making repairs thereto or trimming within the said time limit.
The notice required by § 199-2 of this chapter shall be served personally upon the owner of a structure or tree if such owner resides in the Borough, or upon the agent of such owner if such agent has a residence or place of business within the Borough. If neither the owner nor the agent thereof can be served within the Borough as hereby provided, such notice shall be sent to the owner of such structure or tree, by registered mail, at the last known address thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the owner of any dangerous structure or tree to whom or which
a notice to repair or trim or remove such structure or tree shall
be sent under the provisions of this chapter, fails to commence or
to complete such repair, trimming or removal within the time limit
prescribed by such notice, he shall be guilty of a violation of this
chapter and, upon being found liable therefor, pay a fine of not more
than $600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Bradford County.
If the owner of any dangerous structure or tree to whom or which a notice to repair, trim or to remove such structure or tree shall be sent under the provisions of this chapter fails to commence or to complete such repair, trimming or removal within the time limit prescribed by such notice, the Council shall be empowered to cause such work or repair, trimming or removal to be commenced and/or completed by the Borough, and the costs and expenses thereof, with a penalty of 10%, shall be collected from the owner of such structure or tree in the manner provided by law, provided that the recovery of such costs and expense, together with the penalty, may be in addition to the penalty imposed as provided in § 199-4 of this chapter. In addition, to avoid a multiplicity of legal actions, Council may empower this Solicitor to proceed in equity for abatement of said nuisance.
