ORDINANCE 247

 

An ordinance of the Borough of Eldred prohibiting certain public

 

nuisances and prescribing penalties for violation.

 

The Borough of Eldred hereby ordains:

 

§1. Definitions. As used in this ordinance, the

 

following terms shall have the meanings indicated, unless a

 

different meaning clearly appears from the context:

 

BUILDING-an independent structure having a roof supported

 

by columns or walls resting on its own foundation or wheels and

 

includes dwelling, garage, barn, stable, shed, greenhouse, mobile

 

home, plant, factory, warehouse, school or similar structure.

 

DANGEROUS BUILDING - 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

 

damage or deterioration to thirty-three percent (33%) of the

 

supporting member or members , or damage or deterioration to

 

fifty percent (50%) of the nonsupporting enclosing or outside

 

walls or covering;

 

C. 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 ;

 

D. Those which have been damaged by fire , wind or other

 

causes so as to be dangerous to life, safety , or the general

 

health and we fare of the occupants or the public ;

 

E. 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 sick­

 

ness or disease , so as to work injury to the health, safety

 

or general welfare of those living therein ;

 

F. Those which have parts thereof which are so attached

 

that they may fall and injure property or members of the

 

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public;

 

G. Those which lack illumination, ventilation or

 

sanitation facilities or because of another condition are

 

unsafe, unsanitary, or dangerous to the health, safety , or

 

general welfare of the occupants or the public ;

 

H. Those which because of their location are unsanitary,

 

 or otherwise dangerous, to the health or safety of the

 

occupants or the public ;

 

I. Those existing in violation of any provision of

 

the building code, fire prevention code, or other

 

ordinances of the Borough of Eldred.

 

DWELLING - any building which is wholly or partly used or

 

intended to be used for living or sleeping by human occupants.

 

DWELLING UNIT - 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 living or sleeping by human

 

occupants.

 

EXTERMINATION - 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.

 

GARBAGE - animal and vegetable wastes resulting from the

 

handling, preparation, cooking and consumption of food.

 

INFESTATION - presence, within or around a dwelling, of any

 

insects, rodents or other pests.

 

others:

 

OWNER - person who, alone or jointly or severally with

 

1. shall have legal title to any dwelling, or dwelling

 

unit, with or without accompanying actual possession thereof; or

 

2. Shall have charge, care of control of any 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 ordinance and

 

with rules and regulations adopted pursuant thereto to the same

 

extent as if he were the owner. '

 

PERSON - any individual, firm, corporation, association or

 

partnership, or other legal entity.

 

PROPERTY – a piece, parcel, lot or tract of land.

 

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RUBBISH - 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 , excels ior , rubber , leather , tree branches , yard trimmings , tin

 

cans , metals , mineral matter , g lass crockery and dust.

 

STRUCTURE - 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.

 

Whenever the words "dwelling", "dwelling unit11, or "premises" •

 

.are used in this ordinance, they shall be construed as

 

· though they were followed by the words "or any part thereof".

 

§2. Nuisances Prohibited. It shall be unlawful for any person to

 

create or maintain any condition upon premises owned or occupied by them

 

which could directly or indirectly cause a nuisance to the general

 

public or residents of the Borough. While not necessarily intended to be

 

a comprehensive list, The establishment, maintenance, operation or

 

continuance of any of the following at any time within the Borough,

 

shall may be deemed to constitute a nuisance under the terms of this

 

Part.

 

A. Dangerous Buildings as defined in Section 1 which shall be

 

repaired, vacated, or demolished pursuant to Section 3.

 

B. The maintenance or storage by an owner or lessee of a motor

 

vehicle which is unable to move under its own power and· which motor

 

vehicle has rusted, broken or sharp edges; missing tires or other

 

components resulting in unsafe suspension of the motor vehicle; ripped

 

upholstery or other conditions which could permit vermin harborage; has

 

leaking or damaged oil pan, gas tank or other fluid container; or such

 

other defects which the Enforcement Officer may upon investigation

 

determine threaten the health, safety and welfare of the citizens of the

 

Borough.

 

C. The unsheltered storage or maintenance of junk or the storage

 

or maintenance of garbage, rubbish or any other material if any of the

 

following conditions exist with respect thereto:

 

(1) Broken glass or metal parts with sharp or protruding

 

edges.

 

(2) Openings or areas which are conducive to the harboring

 

of vermin.

 

(3) Storage in any manner which would allow the junk,

 

garbage, rubbish or material, or any part thereof, to

 

easily shift, tilt or fall from its original storage

 

position.

 

(4) The presence of any liquid or material of a hazardous or

 

potentially hazardous nature, including, but not limited

 

to, gasoline, oil, battery acids, refrigeration agents

 

or poisons.

 

(5) Any other condition which the Enforcement Officer may

 

upon investigation determine threaten the health, safety

 

and welfare of the citizens of Eldred Borough.

 

D. The setting, maintenance, operation, conduct or permitting of

 

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the establishment and maintenance of fire, combustion or any

 

manufacturing, commercial or other process which is or shall be

 

accompanied by periodic or occasional omissions of smoke, sparks, ash

 

particles, burned sawdust or debris, or the creation and spreading of

 

ash, debris or like material on surrounding or adjacent property to the

 

annoyance, disturbance and detriment of adjoining property owners,

 

residents, passersby and the traveling public.

 

E. The making of any noise or the possession, harboring or

 

controlling of any animal or bird which makes any noise, continuously

 

and/ or incessantly for a period of ten (10) minutes or makes such noise

 

intermittently for one-half (1/2)hour or more to the end that such noise

 

is excessively loud and unreasonably disturbing to the citizens of the

 

Borough or the general public.

 

F. Failure to remove the doors of abandoned appliances and

 

unfilled basements following demolition and other excavations

 

G. Grading issues that result in pooling of stagnant water

 

H. Roof, gutter, and downspout issues that may cause rotting

 

that can result in dangerous buildings over time.

 

§3. Standards for Repair, Vacation, or Demolition of Dangerous

 

Buildings

 

The following enforcement standards shall be followed in

 

substance by the Enforcement Officer of the Borough in ordering repair,

 

vacation, or demolition of Dangerous Buildings:

 

1. If the dangerous building can reasonably be repaired so that

 

it will no longer exist in violation of the terms of this ordinance, it

 

shall be ordered to be repaired.

 

2. If the dangerous building is in such condition as to make it

 

dangerous to the health, safety, or general welfare of its occupants, or

 

the public and is so placarded, it shall be ordered to be vacated within

 

such length of time, not exceeding thirty (30) days, as is reasonable.

 

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 a dangerous building is fifty percent (50%) or more

 

damaged or decayed , or deteriorated from its original condition; if

 

a dangerous building cannot be repaired , so that it will no longer exist

 

in violation of the terms of this ordinance; or if a dangerous

 

building is a fire hazard existing or erected in violation of the

 

terms of this ordinance or any ordinance of the Borough of Eldred ox

 

statute of the Commonwealth of Pennsylvania , it shall be ordered to

 

be demolished ; provided , the cost of repairs to rectify or remove the

 

conditions constituting the nuisance exceed fifty percent (50%) of the

 

market value of the building a t the time demolition is proposed.

 

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§4. Duties of Enforcement Officer.

 

1. The Enforcement Office shall inspect properties when a

 

nuisance as described in Section 2 is observed by the Enforcement

 

Official or reported to said Official

 

2. Whenever an inspection discloses that a public nuisance

 

exists as described in Section 2, the Enforcement Officer shall issue

 

a written notice to the person or persons responsible therefore. The

 

notice:

 

A. shall be in writing ;

 

.B. shall include a statement of the reasons it is

 

being issued;

 

C. shall state a reasonable time to rectify the

 

conditions constituting the nuisance or in the case of

 

dangerous buildings to remove and demolish the

 

dwelling , building or structure;

 

D. shall be served upon the owner, or his agent, or the

 

occupant, as the case may require.

 

(1) Except in emergency cases and where the owner,

 

occupant, lessee, or mortgagee is not absent from the

 

Borough of Eldred, all notices shall be deemed to be

 

properly served upon the owner, occupant or other

 

person having an interest in the property, if a copy

 

thereof is served upon him personally, and a copy thereof

 

is posted in a conspicuous place in or about the

 

property affected by the notice; or if he is served with

 

such notice by any other method authorized or required

 

under the laws of the Commonwealth.

 

(2) Except in emergency cases, in cases where the

 

owner, occupant, lessee, or mortgagee is absent from the

 

Borough of Eldred, all notices or orders provided for

 

herein shall be sent by registered mail to the owner,

 

occupant, and all other persons having an interest in said

 

building , as shown by the records of the County Recorder

 

of Deeds, 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.

 

E. shall contain an outline of remedial action which, if

 

taken, will effect compliance with the provisions of this

 

ordinance and with the rules and regulation adopted pursuant

 

thereto.

 

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J

 

§5. Hearings.

 

1. Any person affected by any notice which has been issued

 

in connection with the enforcement of any provision of this ordinance,

 

may request and shall be granted a hearing on the matter before the

 

Enforcement Officer; provided, that such person shall file with the

 

Enforcement Officer a written petition requesting such hearing and

 

setting forth a brief statement of the grounds therefore within ten

 

(10) days after the day the notice was served. Upon receipt of such

 

petition, the Enforcement Officer shall set time and place for such

 

hearing and shall give the petitioner written notice thereof. At such

 

hearing the petitioner shall be given an opportunity to be heard and

 

to show why such notice should be modified or withdrawn. The hearing

 

shall be commenced not later than twenty (20) days after the day on

 

which the petition was filed.

 

2. After such hearing the Enforcement Officer shall sustain,

 

modify or withdraw the notice. If the Enforcement Officer sustains

 

or modifies such notice, it shall be deemed to be an order. Any

 

notice served pursuant to this ordinance shall automatically become

 

an order if a written petition for a hearing is not filed with the

 

Enforcement Officer within ten (10) days after such notice is

 

served.

 

3. Any aggrieved party may appeal the final order to the

 

Borough Council in accordance with the provisions of the Local

 

Agency Law.

 

§6. Removal of Notice Prohibited. No person shall

 

remove or deface the notice of dangerous building, except as

 

provided in section 3(3).

 

§7. Emergency Cases. 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 ordinance,

 

such order shall be effective immediately. Any person to whom such

 

order is directed shall comply therewith immediately, but upon

 

petition to the Enforcement Officer shall be afforded a hearing as

 

soon as possible. After such hearing, depending upon the findings as

 

to whether the provisions of this ordinance have been complied with,

 

the Enforcement Officer shall continue such order in effect or modify,

 

or revoke it. The costs of such emergency action related to nuisances

 

be collected in the same manner as provided herein for other cases.

 

§8. Abatement by the Borough of Eldred. If the

 

owner, occupant, mortgagee, or lessee fails to comply with the order of

 

the Enforcement Officer within the time specified in the notice

 

issued by the Enforcement Officer, the Enforcement Officer shall

 

cause the nuisance to be abated. In the case of Dangerous Buildings,

 

such building or structure to be repaired, vacated or demolished as

 

the facts may warrant, under the standards'

 

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hereinbefore provided. The Borough of Eldred may collect the cost of

 

such repair, vacation or demolition together with a penalty of ten

 

perc ent (10%) of such cost, in the manner provided by law. The Borough

 

may assess the cost thereof as a lien against the premises and/or

 

recover the expenses so incurred in a manner as prescribed by law

 

§9. Penalties. Any person who shall violate any

 

provision of this ordinance shall, upon conviction thereof, be

 

sentenced to pay a fine not exceeding three hundred dollars

 

($300.00), and/or to undergo imprisonment for a term not to exceed

 

ninety (90) days. Each day that a violation continues beyond the

 

date fixed for compliance shall constitute a separate offense.

 

§10. Repealer. All ordinances or parts of ordinances

 

which are inconsistent herewith are hereby repealed. The following

 

ordinances or parts thereof are specifically repealed:

 

§11. Severability. If any sentence, clause, section,

 

or part of this ordinance is for any reason found to be

 

unconstitutional, illegal or invalid, such unconstitutionality,

 

illegality or invalidity shall not affect or impair any of the

 

remaining provisions r sentences, clauses, sections or parts of this

 

ordinance. It is hereby declared as the intent of the Borough of

 

Eldred that this ordinance would have been adopted had such

 

unconstitutional, illegal or invalid sentence, clause, section or

 

part thereof not been included herein.

 

§12. Effective Date. This ordinance shall become

 

effective five (5) days after adoption.