Section 127A02 - Report and investigation of public nuisance

11 PA Cons Stat § 127A02 (2019) (N/A)
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(a) Designation of department.--Council shall designate the department to which reports of the existence of a possible public nuisance shall be made.

(b) Criteria for investigating reports.--The department shall establish criteria for investigating reports to determine the existence of a public nuisance. The reports may be submitted by a member of the public, city employee or elected or appointed city official or result from inspections made by the department.

(c) Notification.--If the department, either as a result of a report or an investigation, reasonably believes the reported property involves a building that appears to be structurally unsafe, the department shall notify the city's building inspector or other appropriate official who shall cause the property to be inspected, subject to constitutional standards in a similar manner as provided in section 12308 (relating to powers of board of health) and submit a written report to the department.

(d) Determination.--Upon completing its investigation and receiving any written reports required under subsection (c), the department shall determine all of the following:

(1) If a public nuisance exists.

(2) If the public nuisance is of such a severe and substantial nature that it presents a clear, immediate and substantial danger to public health or safety or to the health or safety of any occupant of a property on which a public nuisance exists or of any property in the vicinity of the public nuisance that it is sufficient to justify extraordinary and immediate action without prior notice to the owner of the property to avoid personal injury, death or substantial loss of property.

(e) Retention of records.--Following an investigation, the department shall retain a copy of its findings, including any reports and any photographs of the property or condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

Cross References. Section 127A02 is referred to in sections 12321, 127A03, 127A04 of this title.