Borough of Old Forge, PA
Lackawanna County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 9-26-2011 by Ord. No. 2011-4. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 112.
Uniform construction codes — See Ch. 130.
Health and sanitation — See Ch. 189.
Housing — See Ch. 194.
Littering — See Ch. 213.
Noise — See Ch. 226.
Property maintenance — See Ch. 247.
Rodent control — See Ch. 262.
Solid waste — See Ch. 290.
Streets and sidewalks — See Ch. 299.

§ 229-1 Title.

This chapter shall be known and may be cited as the "Borough of Old Forge Neighborhood Preservation and Nuisance Abatement Ordinance."

§ 229-2 Findings.

Old Forge Borough Council and the Administration find that public nuisances exist in the Borough of Old Forge in the operation of certain buildings, structures and dwellings and in the use and occupation of certain property in flagrant and persistent violation of state and local laws or ordinances. Such nuisances substantially and seriously interfere with the interest of the public for enhancing the quality of life in the Borough and in fostering and facilitating commerce, maintaining and improving property values, and preserving and protecting the public health, safety, and welfare. Old Forge Borough Council and the Administration further find that the persistence of such activities and violations is detrimental to the health, safety, and welfare of the people of the Borough of Old Forge and of the dwellings and businesses thereof and the visitors thereto.

§ 229-3 Purpose.

It is the intent of the Borough of Old Forge to promote the health, safety and welfare of the citizens of Old Forge, Pennsylvania. Part of this responsibility includes protecting neighborhoods from blighting and deteriorating conditions that have a negative impact on property values and encourage social disorder and crime. This is achieved through ordinances and by establishing a policy to guide enforcement of the ordinances contained in the Old Forge Borough Code.

§ 229-4 Definition of "nuisance"; unlawful acts.

A. 
As used in this chapter, the term "nuisance" shall mean any use of property within the Borough of Old Forge, or any condition upon property within the Borough of Old Forge, which causes or results in:
(1) 
Annoyance or discomfort to persons beyond the boundaries of that property;
(2) 
Interference with the health, safety, and welfare of persons beyond the boundaries of that property; and/or
(3) 
Disturbance to or interference with the peaceful use of property of others within the Borough.
B. 
Maintaining or permitting the maintenance of any of the following dangerous conditions, structures or premises shall also constitute a nuisance:
(1) 
Open wells or cisterns;
(2) 
Open evacuations;
(3) 
Lakes, ponds or swimming pools not properly safeguarded;
(4) 
Stagnant water in pools or other containers in which mosquitoes, flies or other insects may multiply;
(5) 
Weeds or uncultivated vegetation which is over one foot tall.
C. 
Creating or maintaining attractive nuisances, which is the leaving of a dangerous instrumentality which, by its character, is dangerous and attractive to children at such places frequented by children, is considered to be a nuisance.
D. 
It shall be unlawful to accumulate or store:
(1) 
Junked, abandoned or discarded vehicles;
(2) 
Junk trailers;
(3) 
Boats;
(4) 
Appliances or household furnishings;
(5) 
Debris;
(6) 
Unfinished building foundations and/or structures that create a nuisance.

§ 229-5 Public nuisances.

For the purposes of this section, a public nuisance shall be deemed to exist whenever, through violations of any of the following provisions from separate incidents at a building, structure, dwelling or place. For the purpose of this chapter, an "incident" will be defined as the execution of an enforcement action by any Borough department in response to a reported violation of the law. In addition, any property that is determined to be blighted, as defined in the Pennsylvania Urban Redevelopment Law, 35 P.S. § 1712.1(c), is hereby declared to be a nuisance.

§ 229-6 Violations deemed nuisances. [1]

A. 
The following violations shall be deemed a nuisance immediately and after only one incident:
(1) 
A violation of Title 18 of the Pennsylvania Crimes Code, Firearms and Other Dangerous Articles, 18 Pa.C.S.A. § 6101 et seq.
(2) 
A riot, as defined by Title 18 of the Pennsylvania Crimes Code, occurring on the premises.
(3) 
A violation of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq.
(4) 
Gambling offenses (Title 18 of the Pennsylvania Crimes Code).
(5) 
Prostitution offenses (Title 18 of the Pennsylvania Crimes Code).
(6) 
Criminal possession of stolen property (Title 18 of the Pennsylvania Crimes Code).
(7) 
Unlawfully dealing with a child (Title 18 of the Pennsylvania Crimes Code).
(8) 
Sexual performance by a child (Title 18 of the Pennsylvania Crimes Code).
(9) 
Motor vehicle chop shop and illegally obtained and altered property act (Title 18 of the Pennsylvania Crimes Code).
(10) 
Possession, use, sale or offer for sale of any alcoholic beverage or any cigarette or tobacco products (Title 18 of the Pennsylvania Crimes Code).
(11) 
Criminal diversion of prescription medications and prescriptions (Title 18 of the Pennsylvania Crimes Code).
(12) 
Welfare fraud (Title 62, Poor Persons and Public Welfare, of the Pennsylvania Consolidated Statutes).
(13) 
Noise (Title 18 of the Pennsylvania Crimes Code).
(a) 
Suffering or permitting the premises to become disorderly, including suffering or permitting fighting and lewdness.
(14) 
Falsifying business records (Title 18 of the Pennsylvania Crimes Code).
(15) 
Frauds/forgery and food stamp program fraud (Title 18 of the Pennsylvania Crimes Code).
(16) 
Cruelty to animals (Title 18 of the Pennsylvania Crimes Code).
(17) 
Nonconformance with Act 98,[2] locally adopted via File of the Council No. 4 of 1995, whereby certain fire losses shall transfer insurance proceeds to the Borough.
[2]
Editor's Note: See 40 P.S. § 638.
B. 
The following violations shall be deemed a nuisance after two or more incidents:
(1) 
Violations of the Old Forge Borough Code, contained in the following chapters:
(a) 
Chapter 112, Buildings, Dangerous.
(b) 
Chapter 130, Construction Codes, Uniform.
(c) 
Chapter 189, Health and Sanitation.
(d) 
Chapter 194, Housing.
(e) 
Chapter 213, Littering.
(f) 
Chapter 226, Noise.
(g) 
Chapter 247, Property Maintenance.
(h) 
Chapter 262, Rodent Control.
(i) 
Chapter 290, Solid Waste.
(j) 
Chapter 299, Streets and Sidewalks.
C. 
Three or more incidents requiring a response of the Old Forge Borough Police Department or Code Enforcement Division shall be deemed a nuisance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 229-7 Conviction not required to establish violation.

For the purposes of this section, a conviction for any of the previously listed offenses in a court of competent jurisdiction shall not be required to establish that a specified violation of this chapter has occurred at a building, structure, dwelling or place. Instead, the Borough of Old Forge shall be required to prove a specified violation by a preponderance of evidence. However, a conviction in any court of competent jurisdiction shall constitute conclusive proof of such violation of law. Conviction of an attempt to commit a violation of any of the specified provisions shall be equivalent to a conviction for the violation of the specified provision.

§ 229-8 Registration of rental units; licenses.

A. 
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
DWELLING UNIT
A single, habitable living unit having its own toilet, bath or shower, sink, sleeping and cooking facilities and separate access to the outside at ground level. There may be more than one dwelling unit on a premises.
RENTAL UNIT
A dwelling unit occupied by one or more tenants.
B. 
License required. No person shall rent, lease, offer for rent or lease, or allow the occupancy of any rental unit, whether for compensation or not, without a landlord license from the Borough of Old Forge. Landlord licenses are not transferable between landlords or rental units. A separate license is required for each dwelling unit in a rental property. A landlord shall be licensed with the Borough to be entitled to collect rent or to evict tenants and occupants residing or located on the premises. Sale of the subject property results in immediate termination of any license.
C. 
The Borough of Old Forge Code Enforcement Division shall have the responsibility for administering the licensing of all rental units within the Borough as follows:
(1) 
Any person who owns one or more rental units in the Borough shall be required to obtain a landlord license for the rental units with the Code Enforcement Division. Exemption: Any property owners living in half of a double (other side rented) shall qualify for an exemption.
(2) 
The license application form shall include, but not be limited to, the name, address, telephone number, date of birth and driver's license number or state-issued ID card number of the property owner, the number of rental units, the number of occupants per unit, and the name, telephone number, date of birth, driver's license number or state-issued ID card number of any/all tenants at that particular location. The property owner shall also provide the Code Enforcement Division with the insurance information required in § 229-9 of this chapter.
(3) 
The Code Enforcement Division shall issue a landlord license to any person who is required to register their rental units after complying with all registration procedures and provisions as provided in § 229-9.
(4) 
Landlord licenses must be displayed inside the rental property, within three feet of the principal means of ingress and egress to the property. The failure to affix the license as required by this chapter shall constitute a violation hereof.
(5) 
The maximum number of occupants shall be posted in each dwelling unit. It shall be unlawful for any person, including the tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the dwelling unit. Any person violating this provision shall be subject to the penalty provisions provided herein.
(6) 
Any property owner of one or more rental units in the Borough shall notify the Code Enforcement Division within 30 days of any change in ownership of the property.
(7) 
Failure to register rental units within 90 days from the date of the passage of this chapter or within 30 days following the purchase or legal conversion of a structure to a rental property shall constitute a violation of this chapter.
(8) 
No landlord license shall be issued to a property owner whose property tax, garbage or sewer fee is delinquent as defined by each agency. (Receipts may be required at time of registration.)
(9) 
By filing a landlord license application, all property owners of one or more rental units in the Borough shall agree with the terms of this chapter and agree with the mandate of an automatic eviction of any tenant convicted of a drug-related offense, regardless of where the offense occurred.

§ 229-9 Investigation; issuance of license. [1]

Upon final passage of this chapter, all owners or operators of rental units who shall apply for a license with the Borough of Old Forge Code Enforcement Division in accordance with § 229-8 of this chapter shall be subject to a check and verification of the property and/or owner to assess whether or not either have any outstanding warnings, violations, citations or reported police incidents, as documented by the Borough of Old Forge crime analyst software program, against them. If, at the conclusion of the verification process, no outstanding records are found, the license application will be accepted with proof of property liability insurance; no fee will be assessed, no inspection shall be required, and the landlord license will be granted. If, however, the property and/or owner does in fact have a pending warning, violation, citation, or documented police incident(s), a landlord license will not be granted until an inspection of the property is completed and compliance is achieved, as certified by the Code Enforcement Officer, and a fee as set from time to time by resolution of the Borough Council is paid to the Borough of Old Forge for each unit to be inspected and licensed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 229-10 Revocation of license; renewal.

A. 
The Code Enforcement Officer is hereby empowered to revoke or suspend a license issued under this chapter if it is discovered that the applicant:
(1) 
Misrepresented himself or herself or the ownership or condition of the property;
(2) 
Is, or becomes, in violation of any of the ordinances of the Borough; or
(3) 
Is, or becomes, deemed a nuisance, as defined in §§ 229-5 and 229-6.
B. 
Renewal of rental unit licenses shall be required on an annual basis. A registration renewal fee as set from time to time by resolution of the Borough Council shall be assessed for each license renewal, payable to the Borough of Old Forge.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 229-11 Inspections.

A. 
The Code Enforcement Officer, or his/her designee, shall determine the number and type of inspections required to obtain a license and is hereby authorized to make inspections of premises licensed under this chapter:
(1) 
Upon application and before issuance of an initial license;
(2) 
Upon application and before issuance of a renewal license;
(3) 
Upon receipt of a tenant or neighbor complaint or at any other time deemed necessary by the Code Enforcement Officer.
B. 
An applicant for the license under this chapter shall consent to such inspections to determine the condition of the building and dwelling units. For the purpose of making such inspections, the Code Enforcement Officer or his/her authorized representative is hereby authorized, upon seven days' notice, to enter and inspect at all reasonable times all dwelling units. The landlord, tenant, or responsible agent for the dwelling units shall give the Code Enforcement Officer or his/her designee free access to the premises.
C. 
Exemption. Any property and/or owner who does not have a pending warning, violation, citation, or documented police incident(s) shall be exempt from inspections as authorized in this section.

§ 229-12 Responsible agents.

It shall be unlawful for any residential property, including all rental properties, to be owned or operated by any person residing outside the Borough of Old Forge, Pennsylvania, unless such owner or operator provides to the Code Enforcement Officer the name, address and twenty-four-hour telephone number of a designated responsible agent. This agent shall be an individual who shall reside or maintain a place of business within the Borough. Designation of a responsible agent shall authorize the agent to receive and accept notices and communications necessary or deemed appropriate by the Code Enforcement Officer under the terms of all laws of the Borough of Old Forge, including but not limited to each chapter of the Borough Code, Chapter 350, Zoning, Chapter 247, Property Maintenance, and this chapter, relative to the property in which said agent is designated. Nothing contained herein shall affect the right of the Code Enforcement Officer to submit notices and communications directly to the owner, rather than the responsible agent, or to serve process or initial and subsequent pleadings in any manner permitted by law. Such authorization and designation must be signed by the owner or operator and the designated responsible agent.

§ 229-13 Change of address or responsible agent.

Any owner or operator who subsequently changes his or her place of residence and resides outside the Borough of Old Forge or changes the designation of a responsible agent shall notify the Code Enforcement Officer within 30 days after such change.

§ 229-14 Repeat offenders.

A. 
Purpose. The repeat offender component of this chapter is designed to provide relief, via an expedited enforcement process, for neighborhoods experiencing problems with residents or property owners who repeatedly violate Borough ordinances and who have demonstrated an inability or unwillingness to remain a good neighbor by maintaining their respective property.
B. 
Definition.
(1) 
A "repeat offender case" is a newly opened case where there is a past history of violations involving the same owner/responsible agent. A repeat offender is any person whom or property which, within the last 24 months:
(a) 
Has been issued a certified warning; and/or
(b) 
Has had civil proceedings or a criminal citation filed/initiated; and/or
(c) 
Is continuously in violation of the Borough codes for three months or more.
(2) 
The twenty-four-month period will commence on the latest date that any warning or violation has expired or a civil action or criminal action has concluded.
(3) 
If unusual or mitigating circumstances warrant, the Borough Council or its designee may exempt a responsible party from the repeat offender designation. In such cases, Borough Council or its designee may, at its discretion, seek input from the complainant, neighborhood crime watch associations, area residents, or other staff, as appropriate, to assist in making a determination.
C. 
Notification. Persons who have been designated or identified as repeat offenders will proceed through a legal fast track. The discovery of a repeat offense will be cause to:
(1) 
Issue an immediate criminal citation (for those offenses deemed appropriate);
(2) 
Issue a certified warning in concert with a citation for offenses that warrant abatement; and/or
(3) 
Issue a criminal summons.

§ 229-15 Standard enforcement policy.

When the Borough of Old Forge receives a complaint, either verbal or written, from a person, the Code Enforcement Officer will process the complaint in the following manner:
A. 
Inspection/initial warning.
(1) 
If the alleged violation concerns a potential hazard which is deemed by the Code Enforcement Officer to be an imminent threat to the health, welfare or safety of the neighborhood or immediate neighbors, inclusive of open/vacant buildings, fire and/or health hazards, unsecured pools or other health and safety hazards, the Borough will respond with an immediate inspection.
(2) 
The Borough of Old Forge will respond to all other complaints in order of receipt.
(3) 
Following the initial inspection, the Borough will issue a letter and initial warning to the respective owner/responsible agent notifying them that specific complaints have been received and an initial inspection has been conducted at their property. Included with the initial warning will be an explanation of the inspection findings and specific corrective actions required within 10 days. They will also be advised of what further action will be taken by the Borough if they do not comply. Finally, the owner/agent will be put on notice of the Borough's repeat offender policy, whereby repeat offenders will receive only one official notice of ordinance violation. Repeat offenses of Borough ordinances may result in legal action without issuance of further notices of ordinance violation.
(4) 
An administrative fee in an amount as set from time to time by resolution of the Borough Council shall be assessed to the owner of each property requiring an initial warning. ("Blight sweep" initial warnings shall be exempt from this administrative fee.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
If the property owner is a repeat offender, as described herein, the administrative fee assessed for an initial warning shall be as set from time to time by resolution of the Borough Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Reinspection/certified warning.
(1) 
After the ten-day period allotted for corrective actions has lapsed, the Code Enforcement Officer shall reinspect the subject property. If all violations are not corrected, the Code Enforcement Officer shall issue a certified warning (via certified mail). The owner/agent will once again be advised of specific corrective action required within 10 days and the process of what further action will be taken if they do not comply.
(2) 
An administrative fee in an amount as set from time to time by resolution of the Borough Council shall be assessed to the owner of each property requiring a certified warning.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
If the property owner is a repeat offender, as described herein, the administrative fee assessed for a certified warning shall be as set from time to time by resolution of the Borough Council.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Reinspection/criminal citation.
(1) 
After the second ten-day period has lapsed, the Code Enforcement Officer shall reinspect the subject property. Owners/responsible parties who fail to correct all violations will be subject to the issuance of a criminal citation by the Borough Police Department, to be adjudicated by a Magisterial District Judge.
(2) 
An administrative fee in an amount as set from time to time by resolution of the Borough Council shall be assessed to the owner of each property requiring a criminal citation.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
If the property owner is a repeat offender, as described herein, the administrative fee assessed for a criminal citation shall be as set from time to time by resolution of the Borough Council.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Any and all court appearances by the Code Enforcement Officer shall be subject to an administrative fee as set from time to time by resolution of the Borough Council per instance.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Any further civil and/or criminal proceedings requiring the services of the Borough Solicitor that may develop as a result of a criminal citation, including, but not limited to, a summary appeal or the filing of a contempt petition, shall be subject to an administrative fee as set from time to time by resolution of the Borough Council.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
In the case of rental properties, the following general guidelines will apply:
(1) 
Tenants/occupants will be held responsible for items concerning routine maintenance and for personal property items.
(2) 
In situations where tenants/occupants have failed to fulfill their responsibility for compliance with Borough ordinances, owners/responsible parties may also be held accountable.
(3) 
In cases involving unoccupied properties, owners/responsible parties will be held accountable for all property conditions.

§ 229-16 Notice of violation.

Upon determination that a public nuisance, as defined herein, does exist at a property, the owner of said property will receive written notification from the Code Enforcement Division. This notification is intended to advise the owner of the situation(s) present at their property and serve as a final warning that the Borough is lawfully positioned to take action in order to remedy the situation(s). This warning shall not be required for any violation as described within § 229-6A.

§ 229-17 Enforcement authority; closing of rental units.

A. 
The Code Enforcement Officer or his/her designee, including authorized representatives of the Borough of Old Forge, with respect to rental unit licenses issued pursuant to this chapter, upon a determination that a public nuisance, as defined herein, does exist at a property, shall be authorized:
(1) 
To order the securing of a building, structure, dwelling erection, or place in order to abate the nuisance. The Code Official shall cause the premises to be secured by any available public agency or by contract or arrangement by private persons, and the costs thereof shall be charged against the real estate upon which the structure is located and shall be liened upon such real estate;
(2) 
To suspend for a period not to exceed six months or revoke for a period of one year any rental unit license issued by the Borough related to the property; or
(3) 
Any combination of the above.
B. 
In addition, the Code Enforcement Officer may close and secure a rental unit if:
(1) 
An occupant of a rental unit who has implied or actual knowledge of drug activity or is convicted in a court of competent jurisdiction of selling or distributing narcotics or other controlled substances, as these terms are defined in Pennsylvania statutes, in the rental unit, common areas, on the premises, or within the corporate limits of the Borough of Old Forge.
(2) 
The rental unit, common area, or the premises is condemned by the Code Enforcement Division, Fire Department, or Borough Engineer as structurally unsafe or unfit for human habitation.
(3) 
The owner has failed to designate a responsible agent or respond to warnings from the Borough of Old Forge Code Enforcement Division.
(4) 
The owner has failed to comply with all laws and ordinances of the Borough, including Chapter 247, Property Maintenance, Chapter 350, Zoning, and Chapter 130, Construction Codes, Uniform, if violations thereof are found upon inspection when an owner, after written notice of such violations, has failed to come into compliance with them in such time as prescribed by the Code Enforcement Division. Any person aggrieved by an order from the Borough for closure of a rental unit issued under this chapter relating to housing, building, health or disruptive conduct may appeal such order within 10 days from the date thereof to the Borough Council by filing an appeal and paying an appeal fee as set from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 229-18 Procedure following closing of rental unit.

A. 
Upon closure of a rental unit or units, the owner of said property will be required to submit to a complete inspection of the affected unit or units, to be conducted within 14 days of closure. This inspection, to be completed at the owner's expense, will be performed by the Borough and/or its designee.
B. 
Results of the inspection, particularly any and all property maintenance and building code violations, will be documented by the Borough of Old Forge and/or its designee. A copy of this record will be furnished to the property owner within 14 days of inspection.
C. 
An administrative fee in an amount as set from time to time by resolution of the Borough Council shall be assessed to the owner of each property requiring a complete inspection by the Borough of Old Forge and/or its designee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
A minimum resource replenishment fee in an amount as set from time to time by resolution of the Borough Council shall also be assessed to the owner of each property requiring a complete inspection by the Borough of Old Forge and/or its designee to cover hard costs related to the closure of the rental unit in question. (Any/all costs beyond the amount as set from time to time by resolution of the Borough Council shall be payable by the property owner.)[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
If the property owner is a repeat offender, as described herein, the above-referenced administrative fee and resource replenishment fees shall be as set from time to time by resolution of the Borough Council.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Upon receiving a detailed listing of all violations present in the affected unit or units, it will be the responsibility of the property owner to achieve full compliance. Costs incurred to legally reach compliance, such as permits, will also be the sole responsibility of the property owner.
G. 
Eligibility for reoccupancy of units deemed a public nuisance shall be determined based on follow-up inspections by the Borough of Old Forge and/or its designee. Failure to adhere to recommendations found within the initial inspection report shall result in the extended closure of the unit or units in question.
H. 
Additional violations that occur on/in any closed property, discovered after the initial closure of said property, shall be addressed on an individual basis.

§ 229-19 Presumption of ownership.

The owner of the property affected by the orders hereunder shall be presumed to be the person in whose name the real estate is recorded in the office of the Recorder of Deeds in and for Lackawanna County, Pennsylvania.

§ 229-20 Lack of knowledge not defense.

The lack of knowledge of participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charge of the property as agent or otherwise or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance shall not be a defense by such owners, lessors and lessees, mortgagees, and such other persons.

§ 229-21 Unlawful acts; violations and penalties.

A. 
In addition to any other remedy provided by state, federal or local law, it shall be a violation of this chapter for any person to use or occupy any building, structure, dwelling or place, or portion thereof, for which the rental unit license has been suspended or revoked hereunder.
B. 
It shall be a violation of this chapter for any person to mutilate or remove a posted order provided hereunder.
C. 
Any person who violates Subsection A or B of this section shall, upon conviction, be fined not less than $300 per offense nor more than $1,000 per offense, plus costs of prosecution, and, in default of payment thereof, shall be imprisoned for not more than six months, or both.
D. 
Any person who violates any other provision of this chapter shall be guilty of a summary offense and, for every such offense, shall, upon conviction, be sentenced to pay a minimum fine of $300 and a maximum fine as allowed by law, along with all costs of prosecution, and, in default of payment of fine and costs, imprisonment for not more than 30 days, provided each day on which a violation shall exist or continue to exist, after the certified warning was issued by the Code Enforcement Officer as provided in § 229-16 of this chapter, shall constitute a separate offense.

§ 229-22 Interdepartmental/interagency cooperation.

A. 
The Borough of Old Forge will cooperate with other departments/agencies when appropriate to further the mutual goals of nuisance abatement and public safety for the benefit of the entire community. Upon request of the Code Enforcement Officer, the Police Department and any other department in the Borough will assist and cooperate with him/her in the performance of duties related to the enforcement of ordinances.
B. 
Hazardous conditions. The Mayor or Borough Administrator may order immediate abatement of a hazard without notice. If he/she determines the hazard to be an imminent threat to the health, welfare, and/or safety of the occupants and/or neighborhood, the Code Enforcement Officer may also request cooperation from other departments. These departments or agencies include but are not limited to Police, Fire, Public Works, etc.

§ 229-23 Complaints.

A. 
Complainant. At the time a complaint is made, if the complainant discloses his/her name, address and phone number, said complainant will be entitled to the following information:
(1) 
Notification of the results of an inspection within 24 hours of said inspection.
(2) 
Notification of hearing dates relative to the original complaint.
B. 
Council. Each month the Code Enforcement Officer shall include in his/her monthly report (which shall be marked "confidential") to Council a listing of all complaints received through his/her office. The report will include the following information:
(1) 
Address of complaint.
(2) 
Nature of complaint.
(3) 
Date of inspection.
(4) 
Action after inspection.
(5) 
Status of complaint each month until resolved.