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§ 150.22 STANDARDS FOR REPAIR, VACATION, OR DEMOLITION.
   The following standards shall be followed in substance by the authorized representative of the borough 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 subchapter, it shall be ordered to be repaired.
   (B)   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 30 days, as is reasonable.
   (C)   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 authorized representative of the borough. The authorized representative shall remove such placard whenever the defect or defects upon which the placarding action were based have been eliminated.
   (D)   If a dangerous building is 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 subchapter; or if a dangerous building is a fire hazard existing or erected in violation of the terms of this subchapter or any ordinance of the borough or statute of the state, it shall be ordered to be demolished; provided, the cost of repairs to rectify or remove the conditions constituting the nuisance exceed 50% of the market value of the building at the time demolition is proposed.
(Prior Code, Ch. 4, Pt. 1, § 103) (Ord. 2-2001, passed 7-2-2001)
§ 150.23 DUTIES OF THE AUTHORIZED REPRESENTATIVE OF THE BOROUGH.
   (A)   The authorized representative of the borough shall inspect, on a regular basis, dwellings, buildings, and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of § 150.20.
   (B)   Whenever an inspection discloses that a dwelling, building, or structure has become a public nuisance, the authorized representative of the borough shall issue a written notice to the person or persons responsible therefor. The notice:
      (1)   Shall be in writing;
      (2)   Shall include a statement of the reasons it is being issued;
      (3)   Shall state a reasonable time to rectify the conditions constituting the nuisance or to remove and demolish the dwelling, building, or structure;
      (4)   Shall be served upon the owner or his or her agent, or the occupant, as the case may require.
         (a)   Except in emergency cases and where the owner, occupant, lessee, or mortgagee is absent from the borough, all notices shall be deemed to be properly served upon the owner, occupant, or other person having an interest in the dangerous building, if a copy thereof is served upon him or her personally or if a copy thereof is posted in a conspicuous place in or about the structure affected by the notice; or if he or she is served with such notice by any other method authorized or required under the laws of the state.
         (b)   Except emergency cases, in all other cases where the owner, occupant, lessee, or mortgagee is absent from the borough, 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.
      (5)   May contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subchapter and with the rules and regulations adopted pursuant thereto.
   (C)   Appear at all hearings conducted by the Borough Council and testify as to the condition of dangerous buildings.
(Prior Code, Ch. 4, Pt. 1, § 104) (Ord. 2-2001, passed 7-2-2001)
§ 150.24 HEARINGS.
   (A)   Any person affected by any notice which has been issued in connection with the enforcement of any provision of this subchapter, may request and shall be granted a hearing on the matter before the Borough Council; provided, that such person shall file with the Borough Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Borough Secretary shall set a 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 30 days after the day on which the petition was filed.
   (B)   After such hearing the Borough Council shall sustain, modify, or withdraw the notice. If the Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this subchapter shall automatically become an order if a written petition for a hearing is not filed with the Borough Secretary within ten days after such notice is served.
   (C)   Any aggrieved party may appeal the final order to the Court of Common Pleas in accordance with the provisions of the Judicial Code, 42 Pa.C.S.A. §§ 101 et seq.
(Prior Code, Ch. 4, Pt. 1, § 105) (Ord. 2-2001, passed 7-2-2001) Penalty, see § 150.99
§ 150.25 REMOVAL OF NOTICE PROHIBITED.
   No person shall remove or deface the notice of dangerous building, except as provided in § 150.22(C).
(Prior Code, Ch. 4, Pt. 1, § 106) (Ord. 2-2001, passed 7-2-2001)
§ 150.26 EMERGENCY CASES.
   Whenever the authorized representative of the borough finds that an emergency exists which requires immediate action to protect the public health, he or she 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 subchapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the authorized representative of the borough shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this subchapter have been complied with, the authorized representative shall continue such order in effect or modify or revoke it. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided herein for other cases.
(Prior Code, Ch. 4, Pt. 1, § 107) (Ord. 2-2001, passed 7-2-2001)
§ 150.27 ABATEMENT BY BOROUGH.
   If the owner, occupant, mortgagee, or lessee fails to comply with the order of the authorized representative of the borough within the time specified in the notice issued by him or her and no petition for a hearing is filed within ten days thereafter, or following a hearing by the Borough Council where the order is sustained thereby, the authorized representative of the borough shall cause such building or structure to be repaired, vacated, or demolished, as determined by the Borough Council in accordance with the standards hereinbefore provided. The borough may collect the cost of such repair, vacation, or demolition together with a penalty of 10% of such cost, in the manner provided by law, or the borough may seek injunctive relief in a court of competent jurisdiction pursuant to the Rules of Civil Procedure.
(Prior Code, Ch. 4, Pt. 1, § 108) (Ord. 2-2001, passed 7-2-2001)
SIGNS AND BILLBOARDS
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