[HISTORY: Adopted by the Borough Council of the Borough of Kutztown as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-12-1993 as Ord. No. 1-1993]
This chapter shall be known as, and may be cited as, the "Public Health/Nuisance Ordinance."
The Code Enforcement Officer shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration. Such rules and regulations shall not be in conflict with this chapter and shall be submitted to the Council of the Borough of Kutztown for approval by resolution. If the rules and regulations so submitted to Council are approved by Council, the same shall be filed in the office of the Code Enforcement Officer of the Borough of Kutztown and in the office of the Secretary of the Borough of Kutztown as an addenda to this chapter.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
AGENT
A person representing and acting on behalf of an owner.
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH COUNCIL
The Council of the Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH MANAGER
The corporate official appointed by the Borough Council as the Borough Manager or such official's properly designated representative.
[Amended 12-26-1995 by Ord. No. 12-1995]
CODE ENFORCEMENT OFFICER
The person designated as such by the Council of the Borough of Kutztown, and shall include a duly authorized representative of the Borough, community service officer, or sworn police officer.
[Amended 11-16-2021 by Ord. No. 5-2021]
NOTICE
The notice of any violation of this chapter which is provided for in § 168-13 of this chapter.
OCCUPANT
Any person other than the owner who resides upon a property and has control of the same.
OWNER
Any person who, alone or jointly or severally with others:
(1) 
Shall have legal or equitable title to any property, with or without actual possession thereof; or
(2) 
Shall have charge, care or control of any property as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.
PERSON
Includes any individual, firm, corporation, association, partnership, trust or other entity.
PROPERTY
Any lot or part thereof or any land or part thereof located within the Borough of Kutztown, whether public or private.
SIDEWALK
The area within the street right-of-way between the curb or edge of paving and the right-of-way line of the street.
STREET
A public or private right-of-way intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, service street or alley, lane and road or similar terms.
B. 
Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; and the singular number includes the plural, and the plural the singular. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
A. 
No person owning or occupying any property shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such property so as to exceed a height of six (6) inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen.
B. 
No person owning or occupying any property shall permit any hedges or brush to grow or remain upon any property which obstructs any street, sidewalk, fire hydrant or traffic control device.
C. 
Any property utilized for agricultural purposes or property which consists of wooded areas shall be maintained in compliance with Subsection A and B of this section and § 168-6C and § 168-5 of this chapter within the street right-of-way, but in no case shall such maintenance be less than ten (10) feet from the edge of the street paving.
D. 
Any hedges, brush, grass, weeds or other vegetation growing upon any property in violation of any of the provisions of Subsection A, B or C of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the borough.
E. 
The owner of any property, whether or not vacant, and/or the occupant of any property, in cases of property occupied by any person other than the owner thereof, shall remove, trim or cut all hedges, brush, grass, weeds or other vegetation growing or remaining upon such property in violation of the provisions of Subsection A, B or C of this section.
A. 
All trees within the borough shall be kept trimmed by the owner or occupant of the property on or in front of which they are located so that the minimum clearance of any overhanging portion thereof shall not be less than fourteen (14) feet above the cartway of any street and not less than eight (8) feet above the sidewalk area of any street.
B. 
Any tree upon a property which is dead or substantially diseased shall be removed by the owner of the property on or in front of which the same is located.
A. 
No person shall place and maintain upon any of the streets or sidewalks of the borough, unless such person shall have prior approval of the Borough Council, any goods, wares or merchandise for display, storage or sale; provided, however, that the provisions of this chapter shall not affect the provisions of any other ordinance regulating the placing of building materials and the procuring of a permit therefor.
B. 
No person shall permit any door of any structure to project into any street or sidewalk so as to create an obstruction to traffic, whether vehicular or pedestrian.
C. 
No person shall erect or permit any structure or sign or place any plant or permit any plant at a street intersection so as to impede vision between a height of two and one-half (21/2) feet and ten (10) feet above the center-line grades of the intersecting streets in the area bounded by the street center line of each such intersecting streets and a line joining the street center line at a distance of seventy-five (75) feet from the point of intersection, except that in the case of a service street, said line shall be drawn at a distance of twenty-five (25) feet along the service street from the point of intersection.
[Amended 12-26-1995 by Ord. No. 12-1995; 6-18-2019 by Ord. No. 1-2019]
A. 
No person shall append or affix or cause to be appended or affixed by nailing, tacking, hanging or otherwise appending any sign, notice or advertisement of any kind whatsoever upon any tree, post, pole, electric pole or pillar of any description within a street.
B. 
No person shall deliver or distribute newspapers or advertising matter to any premises unless it is handed to the recipient, placed on the driveway, porch, stoop or entranceway of the building or firmly affixed to a building so as to prevent the newspaper or advertising matter from being blown about, becoming scattered or in any way causing litter. It shall be unlawful to distribute these materials as described above if the owner or occupant has informed the person delivering or causing delivery that he/she does not wish to receive it.
C. 
Borough Council or a duly authorized representative may authorize the placement of temporary direction signs to facilitate traffic during special events.
D. 
Requests for temporary placement of signs as noted in Subsection C of this section must be submitted to the Borough Manager or Code Enforcement Officer no less than 24 hours prior to the time proposed for the placement of the signs.
E. 
Such signs as permitted by Subsection C of this section shall be removed by the owner of the signs or person placing such signs within 24 hours after the end of such special event.
F. 
Signs posted in violation of this chapter or signs permitted by Subsection C of this section which have not been removed as required by Subsection E of this section shall be removed by the Borough.
A. 
No person shall place or cause to be placed or permit any glass, metal, refuse and/or debris, including but not limited to grass clippings, stone from driveways and like matter, upon any street within the borough.
B. 
No person shall keep or suffer to remain on any property any odorous, offensive or unwholesome matter of any kind or any garbage, rubbish, paper, refuse, litter, wood or other matter or substance or substances which attract rats, mice or other rodents or insects or create odorous conditions.
C. 
No person shall throw, place, discard or be a party to the throwing, placing or discarding of any odorous, offensive or unwholesome matter of any kind or any garbage, rubbish, paper, refuse, wood or litter of any kind on, upon or adjacent to any street, sidewalk or property within the borough.
A. 
No person shall:
(1) 
Ignite or feed an open fire for the destruction of refuse, the conduct of a salvage operation or any other purpose on any property;
(2) 
Cause, suffer, allow or permit the maintenance of any open fire for the destruction of refuse, the conduct of a salvage operation or any other purpose on any property under his control; or
(3) 
Make any bonfire or bonfires or set fire to any wood shavings, paper, hay, straw or any other inflammable substance on any street or sidewalk or public or private property unless approval for such bonfire or bonfires is granted by Borough Council upon recommendation of the Code Enforcement Officer and/or the Fire Chief of the Kutztown Fire Company No. 1.
B. 
The following are exceptions to the aforesaid provisions of Subsection A of this section:
(1) 
Open fires may be set as provided for in Subsection B(2) of this section in the performance of an official duty of any public officer if the fire is necessary for:
(a) 
The prevention of a fire hazard which cannot be abated by other means.
(b) 
The protection of public health.
(2) 
Open fires may be set with the approval of the Code Enforcement Officer and the Fire Chief of the Kutztown Fire Company No. 1, provided that:
(a) 
There is no practical or available alternate method for the disposal of the material to be burned; and
(b) 
No hazardous or other objectionable condition will be created by such burning.
No person shall permit or cause any vehicles, boats or trailers of any kind or type without current license plates and registration to be parked or stored on any property other than in a completely enclosed building, unless the vehicles are for sale at a permitted sales agency dealing in vehicles, boats or trailers.
A. 
All off-street parking areas and access drives shall either be paved or stone as required by applicable ordinances of the borough. No person shall permit the parking of vehicles on any other surface.
B. 
Stone driveways and parking areas shall be maintained by the occupant and/or owner so as to prevent ponding of water or the migration of any loose stone onto any street.
A. 
No person shall perform any work or cause any work to be performed which creates a nuisance at night, on Sundays or legal holidays except upon written authorization of the Code Enforcement Officer. When any person desires to work at night, on Sundays or legal holidays, said person shall notify the Code Enforcement Officer at least two (2) days in advance requesting written permission. "Night" shall be defined as one-half (1/2) hour before sunset and one-half (1/2) hour after sunrise.
B. 
Emergency work by public utilities or as ordered by the borough shall be excluded from the regulations of Subsection A of this section.
A. 
Whenever the Code Enforcement Officer believes, or has cause to believe, that there has occurred and/or is continuing any violation of the provisions of this chapter or any rules or regulations adopted pursuant to this chapter, the Code Enforcement Officer shall give notice of such violation to each person responsible therefor, and such notice shall:
(1) 
Be in writing and state the place and location of the violation.
(2) 
State the nature, condition and manner of the violation.
(3) 
State the determination of the Code Enforcement Officer with respect to the violation.
(4) 
State the name of each person deemed responsible by the Code Enforcement Officer for such violation, together with the name of the owner of the property upon which the violation occurred and/or is located.
(5) 
State the date of the notice and the period of time, if any, allowed for compliance with this chapter, as such period of time is specified in Subsection C of this section.
(6) 
Be served upon the owner of the property involved and all other persons, if any, named in the notice pursuant to Subsection A(4) of this section, and service of such notice shall be made upon the owner and each such other person, if any, in accordance with Section 107.3 of the International Property Maintenance Code of 2009 as adopted by reference in § 136-1 of this Code.
[Amended 11-16-2021 by Ord. No. 5-2021]
B. 
The requirements for service of notice as contained in this chapter shall apply only as to notification of the first occurrence of any violation. The issuance of a notice thereafter regarding any repeated occurrence of the same violation shall not be required prior to imposition of penalties as provided for in this chapter.
C. 
The period of time within which a person determined to be responsible, pursuant to Subsection A(4) of this section, for any violation shall comply with the specific provisions of this chapter, following the issuance of a notice, shall be as follows:
(1) 
As to violations of § 168-4 of this chapter, within five (5) days following the date of issuance of the notice;
(2) 
As to violations of § 168-10 of this chapter, within ten (10) days following the date of issuance of the notice;
(3) 
In all other cases, within the period of time determined by the Code Enforcement Officer and set forth in the notice; and
(4) 
Notwithstanding the time periods set forth in Subsection C(1), (2) and (3) set forth hereinabove, the notice of any violation may require immediate compliance with this chapter when it is determined by the Code Enforcement Officer that the violation in question presents an immediate and present danger or nuisance to the health, safety and welfare of the public, and, in such case, notice of the violation may be verbal (which verbal notice shall thereafter be confirmed with a written notice) and shall be served personally upon the person, if available, who has caused, is responsible for or in control of said violation, and such notice may require the immediate correction and discontinuance of the violation and compliance with this chapter.
D. 
Notwithstanding any such notice requirements of this § 168-13, when it is determined by an officer of the Kutztown Police Department that an immediate present danger exists to the health, safety and welfare of the public, said officer shall enforce the provisions of this chapter being violated without need for the issuance of any notice of any violation.
E. 
It shall be unlawful for the owner of any premises who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such premises to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Enforcement Officer and shall furnish to the Code Enforcement Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
[Added 11-16-2021 by Ord. No. 5-2021]
A. 
Any owner, occupant or tenant who violates any provision of this Chapter 168 shall pay to the Borough an administrative penalty set forth in the fee schedule approved from time to time by resolution of the Borough Council.[1] If the owner, occupant or tenant fails to pay the administrative penalty set forth in the resolution within 10 days, they may be prosecuted for violation of a summary offense and, upon conviction thereof, shall pay a fine of not less than $50 nor more than $1,000 and, in default of the payment thereof, undergo imprisonment in the Berks County Prison for a period not exceeding 30 days.
[Amended 11-16-2021 by Ord. No. 5-2021]
[1]
Editor's Note: See Ch. A231, Fees.
B. 
Notwithstanding the imposition of any penalty hereinabove prescribed, upon the neglect, failure or refusal of any person to comply with the requirements of this chapter, following the expiration of the period of time, if any, set forth in any notice of violation of this chapter, the borough may, but shall not be required to, perform, or cause the performance of, work or other actions necessary to remove, correct, remedy, alter or otherwise abate the conditions which constitute the violation of this chapter. Any person who is found to have violated any provisions of this chapter shall, in addition to the penalties provided for herein, bear all costs incurred by the borough in the event that the borough has elected to perform, or cause to be performed, any such remedial action. Any such costs may be collected by the borough from any such person in the manner provided by law.
C. 
Nothing contained in this chapter shall be deemed to preclude the borough from instituting an appropriate civil action or proceeding, whether at law and/or in equity, to prevent the performance of work or acts declared to be unlawful under the provisions of this chapter or to restrain, correct or abate a violation of this chapter or to seek injunctive or other equitable relief to remedy or prevent any violation under this chapter or to recover the cost of any remedial action which the borough elects to undertake to correct any violation of this chapter.
D. 
Any aggrieved person may appeal the decision of the Code Enforcement Officer to the Borough of Kutztown Code Appeals Board in accordance with the requirements contained in Chapter 12 of the Code of the Borough of Kutztown.
[Added 7-13-1999 by Ord. No. 9-1999]
[Adopted 1-18-2022 by Ord. No. 1-2022]
This ordinance shall be known and may be cited as the "Borough of Kutztown Air Pollution Control Ordinance of 2022."
The Borough Council of the Borough of Kutztown, under, and by virtue of and pursuant to the authority granted by the Air Pollution Control Act at 35 P.S. § 4001 et seq. to the Borough Council do hereby enact and ordain this article.
The following words, terms, and phrases, when used in this article, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
COUNCIL
Borough Council of the Borough of Kutztown.
DUST PALLIATIVE
A substance used to abate the dispersion of particulate matter into the air. Dust palliatives for use on roads and other surfaces may be water or other substances approved by PennDOT and the Department of Environmental Protection.
FRACKING WASTE
Wastewater or solid waste produced through the hydraulic fracturing process to extract natural gas or oil.
FUGITIVE AIR CONTAMINANT
An air contaminant of the outdoor atmosphere not emitted through a flue, including, but not limited to, industrial process losses, stockpile losses, re-entrained dust, and construction/demolition activities.
MUNICIPALITY
A city, incorporated town, township, borough, county, municipal authority, or other public body created under state law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.
PERSON
Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth or the federal government, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
ROADS AND STREETS
This includes public and private roadways, paved and unpaved parking areas, racetracks of any kind, and land used for recreational purposes.
USE OIL
A petroleum-based or synthetic oil which is used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears, or axles which, through use, storage, or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
WASTE OIL
Oil refined from crude oil or synthetically produced, used, and as a result of the use, contaminated by physical or chemical impurities. The term includes used oil or oil whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed.
A. 
After (the effective date) a person responsible for any of the following activities or sources of fugitive air contaminants shall take all reasonable actions to prevent particulate matter from becoming airborne:
(1) 
Construction or demolition of buildings or structures.
(2) 
Construction, grading, paving, and maintenance of roads and streets.
(3) 
Use of roads and streets. Emissions from material in or on trucks, railroad cars, and other vehicular equipment are not considered as omissions from use of roads and streets.
(4) 
Clearing of land.
(5) 
Stockpiling of materials.
B. 
A person may not permit fugitive air contaminants to:
(1) 
Be emitted into the outdoor atmosphere from a source listed in § 168-18A if the emissions are visible at the point the emissions pass outside the person's property; or
(2) 
Adversely affect any other person, their property, or their reasonable enjoyment of their property.
A person responsible for any source specified in § 168-18 shall take all reasonable actions to prevent fugitive air contaminants from becoming airborne. These actions include, but are not limited to, the following:
A. 
Use, where possible, of water or approved dust palliatives for control of dust in the demolition of buildings or structures, construction operations, the grading or use of roads or streets, or the clearing of land. The dust palliative used must be one which is approved by PennDOT and by the Department of Environmental Protection. The method of application must be one which is approved by PennDOT and by the Department of Environmental Protection. The use of waste oil and fracking waste as a dust palliative is prohibited.
B. 
Application of asphalt, water, or approved dust palliatives on dirt roads, material stockpiles, and other surfaces which may give rise to airborne dusts. The dust palliative used must be one which is approved by PennDOT and by the Department of Environmental Protection. The method of application must be one which is approved by PennDOT and by the Department of Environmental Protection. The use of waste oil and fracking waste as a dust palliative is prohibited.
C. 
Paving and maintenance of roadways.
D. 
Immediate removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth-moving equipment, erosion by water, or other means.
The requirements of this article do not apply to fugitive air contaminants arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
A. 
The Borough of Kutztown Code Enforcement Officer shall have the power and duty to enforce the provisions of this article.
B. 
The Borough of Kutztown may issue such orders as are necessary to aid in the enforcement of the provisions of this article. These orders shall include, but shall not be limited to: orders requiring persons to cease unlawful activities or cease operation of a fugitive air contaminant source which, in the course of its operation, is in violation of any provision of this article; orders to take corrective action or to abate a public nuisance; orders requiring the testing, sampling, or monitoring of any fugitive air contaminant source; or orders requiring production of information. Such an order may be issued if the Borough of Kutztown finds that any condition existing in or on the facility or source involved is causing or contributing to fugitive air contaminants or if the Borough of Kutztown finds that any person is in violation of any provision of this article.
C. 
The Borough of Kutztown may, in its order, require compliance with such conditions as are necessary to prevent or abate fugitive air contaminants or effect the purposes of this article.
D. 
An order issued under this section shall take effect upon notice, unless the order specifies otherwise. An appeal to the Berks County Court of Common Pleas of the Borough of Kutztown's order shall not act as a supersedeas; provided, however, that, upon application and for cause shown, the Berks County Court of Common Pleas may issue such a supersedeas under rules established by the Berks County Court of Common Pleas.
E. 
The authority of the Borough of Kutztown to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this article. The failure to comply with any such order is hereby declared to be a public nuisance.
A. 
Whenever the Code Enforcement Officer finds that fugitive air contaminants are or may be resulting from a fugitive air contaminant source in the Borough of Kutztown, the Code Enforcement Officer may order the owner or operator to take corrective action in a manner satisfactory to the Borough, or the Code Enforcement Officer may order the owner or operator to allow access to the land by the Code Enforcement Officer or a third party to take such action.
B. 
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing the cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, the Borough of Kutztown may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 168-26 of this article.
Any person who violates any provision of this article or any order of the Borough of Kutztown issued pursuant to this article commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $2,500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the Borough of Kutztown authorized to conduct inspections or investigations are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this article, and the Borough Solicitor is hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any district justice having jurisdiction over the Borough of Kutztown. There is no accelerated rehabilitative disposition authorized for a summary offense.
A. 
In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this article or any order issued pursuant to this article, the Borough of Kutztown may assess a civil penalty for the violation. The penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $10,000 per day for each violation. In determining the amount of the penalty, the Borough of Kutztown shall consider the willfulness of the violation; damage to air, soil, water, or other natural resources of the Borough of Kutztown or their uses; financial benefit to the person in consequence of the violation; deterrence of future violations; cost to the Borough of Kutztown; the size of the source or facility; the compliance history of the source; the severity and duration of the violation; degree of cooperation in resolving the violation; the speed with which compliance is ultimately achieved; whether the violation was voluntarily reported; other factors unique to the owners or operators of the source or facility; and other relevant factors.
B. 
When the Borough of Kutztown proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full; or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Prothonotary of Berks County within the thirty-day period for placement in an escrow account with the State Treasurer or any commonwealth bank or post an appeal bond to the Prothonotary of Berks County within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth and is satisfactory to the Borough of Kutztown. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the Prothonotary of Berks County shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to prepay the penalty or to post the appeal bond. The Prothonotary of Berks County shall conduct a hearing to consider the appellant's alleged inability to pay within 30 days of the date of the appeal. The Prothonotary of Berks County may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Prothonotary of Berks County finds that the appellant is financially unable to pay. The Prothonotary of Berks County shall issue an order within 30 days of the date of the hearing to consider the appellant's alleged inability to pay. The amount assessed after administrative hearing or after waiver of administrative hearing shall be payable to the Borough of Kutztown and shall be collectible in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. 51, et seq.) from the date of assessment of the penalty. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a debt of such person, as may be appropriate, to the Borough of Kutztown. The debt shall constitute a lien on all property owned by said person when a notice of lien incorporating a description of the property of the person subject to the action is duly filed with the prothonotary of the court of common pleas where the property is located. The prothonotary shall promptly enter upon the civil judgment or order docket, at no cost to the Borough of Kutztown, the name and address of the person, as may be appropriate, and the amount of the lien as set forth in the notice of lien. Upon entry by the prothonotary, the lien shall attach to the revenues and all real and personal property of the person, whether or not the person is solvent. The notice of lien, filed pursuant to this section, which affects the property of the person shall create a lien with priority over all subsequent claims or liens which are filed against the person, but it shall not affect any valid lien, right, or interest in the property filed in accordance with established procedure prior to the filing of a notice of lien under this section.
It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this article or to fail to comply with any order or other requirement of the Borough of Kutztown; or to cause a public nuisance; or to cause air, soil, or water pollution resulting from a fugitive air contaminant incident; or to hinder, obstruct, prevent, or interfere with the Borough of Kutztown or its personnel in their performance of any duty hereunder, including denying the code enforcement officer access to the source or facility; or to violate the provisions of 18 Pa.C.S.A. § 4903 (relating to false swearing) or 18 Pa.C.S.A. § 4904 (relating to unsworn falsification to authorities) in regard to papers required to be submitted under this article. The owner or operator of a fugitive air contaminant source shall not allow pollution of the air, water, or other natural resources of the Borough of Kutztown to result from the source.
A violation of this article or of any order issued by the Borough of Kutztown under this article shall constitute a public nuisance. The Borough of Kutztown shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, the Borough of Kutztown may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 168-24. Whenever the nuisance is maintained or continued contrary to this article or any order issued pursuant to this article, the nuisance may be abatable in the manner provided by this article. Any person who causes the public nuisance shall be liable for the cost of abatement.