[HISTORY: Adopted by the Borough Council
of the Borough of Kane 12-6-1982 by Ord. No. A-822 as Ch. 4, Part
2 of the 1982 Code. Amendments noted where applicable.]
All buildings or structures which have any or
all of the following defects shall be deemed "dangerous buildings":
A.
Those whose interior walls or other vertical structural
members 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.
B.
Those which, exclusive of the foundation, show 33%
or more of damage or deterioration of the supporting member or members
or 50% of damage or deterioration of the nonsupporting enclosing or
outside walls or coverings.
C.
Those which have improperly distributed loads upon
the floors or roofs in which the same are overloaded, or which have
insufficient strength to be reasonably safe for the purpose used.
D.
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety or the general
health and welfare of the occupants or the people of the Borough of
Kane.
E.
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities
essential to decent living that they are likely to cause sickness
or disease.
F.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
All dangerous buildings within the terms of § 98-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinafter provided.
The following standards shall be followed in
substance by the Building Inspector or assistants specially designated
thereto, and the Borough Council in ordering repair, vacation or demolition:
A.
If the dangerous building can reasonably be repaired
so that it will no longer exist in violation of the terms of this
chapter it shall be ordered repaired.
B.
If the dangerous building is in such condition as
to make it dangerous to the health or safety of its occupants it shall
be ordered to be vacated.
C.
In cases where a dangerous building is damaged 50%
or more from its value immediately prior to the loss, it shall be
demolished, and in all cases where a building cannot be repaired so
that it will no longer exist in violation of the terms of this chapter,
it shall be demolished. In cases where a dangerous building is a fire
hazard existing or erected in violation of the terms of this chapter
or of any ordinance of the borough or statute of the Commonwealth
of Pennsylvania, it shall be demolished.
The Borough Manager shall be and hereby is designated
as the Building Inspector, with authority to appoint such assistants
as may be necessary to administer and enforce this chapter.
The Building Inspector or assistants specially
designated thereto shall:
A.
Inspect any building, wall or structure about which
complaints are filed by any person to the effect that a building wall
or structure is or may be existing in violation of this chapter. All
complaints must be filed with the Building Inspector, in writing,
on a form prescribed by the Building Inspector.
B.
Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the files of the Recorder of Deeds of the County of McKean, or any building found by him to be a dangerous building within the standards set forth in § 98-1 of this chapter, that:
(1)
The owner must vacate or repair or demolish said building
in accordance with the terms of the notice and this chapter.
(2)
The occupant or lessee must vacate said building or
may have it repaired in accordance with the notice and remain in possession.
(3)
The mortgagee, agent or other persons having an interest
in said building as shown by the land records of the Recorder of Deeds
for McKean County, may at his own risk, repair, vacate or demolish
said building or have such work or act done; provided that any person
notified under this subsection to repair, vacate or demolish any building
shall be given such reasonable time, not exceeding 30 days as may
be necessary to do, or have done, the work or act required by the
notice provided for herein.
C.
Set forth in the notice provided for in Subsection B hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
E.
Appear at all hearings conducted by the Borough Council,
and testify as to the condition of dangerous buildings.
F.
Place a notice on all dangerous buildings reading
as follows:
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"This building has been found to be a dangerous
building by the Building Inspector, or assistants specially designated
thereto. This notice is to remain on this building until it is repaired,
vacated, or demolished in accordance with the notice which has been
given to owner, occupant, lessee, mortgagee or agent of this building,
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of the County of McKean.
It is unlawful to remove this notice until such notice is complied
with."
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The Borough Council shall:
A.
Upon receipt of a report of the Building Inspector or assistants specially designated thereto, as provided for in § 98-5D hereof, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of McKean County, to appear before Council on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Building Inspector’s notice provided for herein in § 98-5C.
[Amended 12-8-2008 by Ord. No. A-990]
B.
Hold a hearing and hear such testimony as the Building
Inspector, or assistants specially assigned thereto, or the owner,
occupant, mortgagee, lessee or any other person having an interest
in said building, as shown by the land records of the Deed Registration
file of the borough and/or the Recorder of Deeds of the County of
McKean shall offer relative to the dangerous building.
D.
Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of McKean County, to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter; and provided that any person so notified, except the owners, shall have the privilege either of vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the Recorder of Deeds of the County of McKean, may demolish said dangerous building at his own risk to prevent the acquiring of a lien by the Borough against the land upon which said dangerous building stands, as provided in Subsection E hereof.
E.
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in Subsection D hereof, within 10 days, the Council shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 98-3 of this chapter, and shall, with the assistance of the Borough Solicitor, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien, or to be recovered in a suit at law against the owner; provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of this Borough, the Borough Council shall notify the Borough Solicitor to take legal action to force the owner to make all necessary repairs or demolish the building.
A.
The owner, occupant or lessee in possession of any building who shall fail to comply with any order to repair, vacate or demolish any such dangerous building issued pursuant to § 98-6 hereof, or who violates any of the provisions of this chapter, or any regulation issued thereunder, shall upon conviction before the District Justice be subject to a fine not exceeding $300, and costs, or shall be subject to imprisonment in the McKean County Jail for a period not exceeding 30 days. Violations on separate days shall be considered separate violations. The provisions for penalties contained in this chapter are in addition to any other remedies provided by this chapter.
The Borough Solicitor shall:
B.
Appear at all hearings before Borough Council in regard
to dangerous buildings.
C.
Bring suit to collect all municipal liens, assessments
or costs incurred by the Borough Council in repairing, or causing
to be vacated or demolished, dangerous buildings.
D.
Take such other legal action as is necessary to carry
out the terms and provisions of this chapter.
In cases where it reasonably appears that there is immediate danger to life or safety of any person unless a dangerous building as defined herein, is immediately repaired, vacated or demolished, the Building Inspector, or assistants specially designated thereto, shall support such facts to the Borough Council and the Borough Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in § 98-6E hereof.
In cases, except emergency cases, where the
owner, occupant, lessee or mortgagee is absent from the borough, all
notices or orders provided for herein shall be sent by certified mail
to the owner, mortgagee, lessee and all other persons having an interest
in said building as shown on the lands records in the office of the
Recorder of Deeds for McKean County, to the last known address of
each, and a copy of such notice shall be posted in a conspicuous place
on the dangerous building to which it relates. Such mailing and posting
shall be deemed adequate service. Where desirable, the notices and
orders provided for herein may be served in the same manner a summons
is served in the courts of general jurisdiction.
No officer, agent or employee of the Borough
of Kane shall render himself personally liable for any damage that
may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this chapter. Any
suit brought against any officer, agent or employee of the Borough
of Kane as a result of any act required or permitted in the discharge
of his duties under this chapter shall be defended by the Borough
Solicitor until the final determination of the proceedings therein.
