Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this chapter or of the other applicable
codes and ordinances or of any rules and regulations adopted pursuant
thereto, he shall proceed as follows:
A.
Serve notice in writing of the alleged violation which
shall be signed by the Code Enforcement Officer or his authorized
representative. Said notice shall be served personally to the responsible
owner, occupant, operator or other person in charge; or served by
registered mail with a return receipt requested; or where such responsible
person in charge cannot be found, service may be made by posting a
notice in or about the structure or premises or by publishing such
notice in a newspaper of general circulation for a period of three
consecutive days; or served by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
B.
Said notice shall include a statement of the reasons
why the notice is being issued, the sections of the code and/or ordinances
which have been violated and the remedial actions required.
C.
Said notice shall allow a reasonable time, not to
exceed 60 days, for the initiation and correction of the violation
alleged or of the remedial actions required, except where emergency
conditions exist which require immediate corrective action.
D.
Said notice shall contain a statement indicating that
the notice will become an order if no request and approval for an
extension of time is made to the Code Enforcement Officer or if no
petition for an appeal or hearing is requested before the Code Hearing
Board within 15 days from the receipt of said notice.
E.
The Code Enforcement Officer may grant a request for
a reasonable extension of time where he has evidence to believe that
the responsible person is attempting to remove the alleged violation.
However, no such extension of time may exceed a period of 90 days
unless authorized by the Code Hearing Board upon appeal of the responsible
owner, operator, occupant or other person in charge.
A.
Any person who fails to correct a violation or institute
a remedial action as ordered by the Code Enforcement Officer or who
violates a provision or fails to comply with any requirements of this
chapter or of any of the other applicable codes or ordinances shall,
for each violation, upon conviction thereof, be punishable by a fine
of not more than $1,000, plus costs of prosecution, and in default
of payment of such fine and costs by imprisonment for not more than
30 days. Each day's failure to comply with any such provision or requirement
or any such order shall constitute a separate offense.
[Amended 6-12-2000 by Ord. No. 2000-10]
B.
The imposition of the penalties herein prescribed
shall not preclude the Solicitor representing the municipality from
initiating, and he is hereby ordered to initiate, appropriate actions
or proceedings at law or in equity to effect the purposes of this
chapter.
[Amended 2-12-2007 by Ord. No. 2007-6]
Structures which contain dwellings which are
unfit for human habitation or structures which are dangerous or unsafe
and structures which contain dangerous conditions or materials, as
defined by the applicable codes and ordinances of the municipality,
are hereby declared to be a public nuisance.
A.
General procedure. The Code Enforcement Officer shall
order the responsible owner, operator, occupant or person in charge
of the structure or premises which is dangerous, unsafe, or unfit
for human habitation to vacate, repair and/or demolish said structure
and to remove all structural and nonstructural debris and materials
and other parts of the structure, or attachments thereto, which may
be a danger to the public and to remove the public nuisance provided
for in this chapter and in the applicable codes and ordinances of
the municipality in accordance with the laws of the Commonwealth of
Pennsylvania. The Code Enforcement Officer may also require that a
structure be secured, the premises fenced, and signs be placed on
the premises prohibiting entry thereon except for authorized personnel.
B.
Failure to comply. Whenever an order to vacate, repair,
demolish a structure or to remove debris and materials from the premises
which is a public nuisance because unsafe, dangerous or unfit for
human habitation has not been complied with, the Code Enforcement
Officer may, in accordance with the laws of the Commonwealth of Pennsylvania,
proceed to cause the structure to be vacated, repaired, demolished
and structural and nonstructural debris and materials removed or take
such other action as is necessary to abate the nuisance. Abatement
under this section shall not commence until at least 10 days after
service of the order, except that the Code Enforcement Officer may
determine that more immediate action is required because of the special
emergency or dangerous conditions which exist.
C.
Recovery of expenses. The expenses incurred pursuant to Subsection B of this section and of the other applicable codes and ordinances shall be paid by the responsible owner, operator or occupant or by persons who caused or maintained such public nuisance. The Code Enforcement Officer shall file on his record an affidavit stating with fairness the accuracy of the items and the date of expenses incurred. The Board of Commissioners of the Township may institute a suit to recover such expenses, with a penalty of 10% of such costs to be charged against the property as a lien.
