[HISTORY: Adopted by the Borough Council
of the Borough of Upland 6-27-2006 by Ord. No. 5-2006. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any house, room or premises where frequent request for police
services for noise, assaults, batteries, drinking of intoxicating
beverages, illegal drug usage and/or sale, loitering, gaming, or other
misbehavior can be documented.
More than three responses to the same address in the preceding
six-month period.
[Amended 8-10-2010 by Ord. No. 6-2010]
It shall be unlawful for any property owner,
lessee or tenant to maintain, keep, lease or allow a disorderly house,
room or other premises in the Borough of Upland.
Any such disorderly house, room or other premises
that shall be disruptive to the peace and well-being of the surroundings
and greater community is declared to be a public nuisance by either
the police or the Borough Manager or the Borough Code Officer.
After the third and final incident as defined
above, the officer in charge of the Police Department, or his or her
designee, and/or the Borough Manager and/or the Borough Code Officer
shall, within five days, notify the property owner in writing by either
certified mail, return receipt requested, posting or personal service
of the Borough's intent to initiate charges with the District Court,
and further, to allow said property owner and/or resident an additional
five-day period, commencing on the date of service, to notify the
Police Department representative and/or Borough Manager and/or Borough
Code Officer, in writing, of said property resident/owner's desire
to meet with the Police Department representative and/or Borough Manager
and/or Borough Code Officer in an attempt to rectify the condition
to be cited. Upon timely receipt of such notification, the Police
Department representative and/or Borough Manager and/or Borough Code
Officer shall meet with the property owner within five days and attempt
to reach an agreement. Should the parties not be able to reach an
agreement, the Police Department representative and/or Borough Manager
and/or Borough Code Official will proceed with the citation before
District Court.
A.
Any person, legal entity, property owner, lessee or
tenant, including but not limited to the keeper of all parties connected
with the maintenance of the disorderly house, and all parties patronizing
or frequenting same, who are found guilty under the provisions of
this chapter, shall be fined not more than $600 for each offense and
be imprisoned for not more than 30 days.
B.
Upon conviction under the terms of this chapter, the
Borough may revoke the occupancy certificate of any house or premises
found to be a disorderly house.
After the third and final incident, any property
owner, lessee or tenant who maintains, keeps, leases or allows a disorderly
house shall also be liable for the costs of police and administrative
services and shall reimburse the Borough for such costs pursuant to
the Borough's ordinance and resolution requiring reimbursement and
setting the amounts of same. Said property owner, lessee or tenant
shall not only be liable for the third and final incident but shall
also be liable for the first and second incidents and the costs associated
with all three incidents.
