103.1. General. The official in charge of enforcing
this ordinance shall be known as the "Code Official." The Code Official
may be an individual or a corporation or other organization providing
Property Maintenance Code enforcement services.
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103.5. Fees. Fees shall be as set forth in the
Borough of Mt. Oliver Fee Schedule as adopted by the Borough Council
from time to time by resolution.
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106.4. Penalties. Any person, firm or corporation
who shall violate any provision of this code shall, upon conviction
thereof, be subject to a fine of not more than $1,000. Each day that
a violation continues shall constitute a separate offense.
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111. Means of Appeal.
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111.1. Application for Appeal. Any person aggrieved
by a decision of the Code Official or a notice or order issued under
this code shall have the right to appeal, within 20 days after the
date of the decision, notice or order appealed from, to the Borough
of Mt. Oliver Borough Council. The Borough Council may hear the appeal
or may designate the Construction Code Board of Appeals ("Board"),
which Board shall have jurisdiction to hear and rule on appeals filed
hereunder. Such appeal shall be filed in writing, shall state the
grounds for appeal, shall be accompanied by the required appeal fee,
$50 or such other fee as set under the Borough of Mt. Oliver Fee Schedule
by resolution, and shall be processed and heard in accordance with
the Local Agency Law and, if assigned to the Board, the procedural
requirements of the Borough of Mt. Oliver Construction Code Board
of Appeals Rules of Procedure and Operation, provided, further, that
any substantive requirements of such Rules of Procedure and Operation
applicable only to appeals under the Uniform Construction Code shall
not apply to appeals under the Property Maintenance Code. All advertising
and court reporter costs resulting from the appeal will be paid by
the appellant prior to commencement of the appeal hearing.
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111.2. All appeals under the Property Maintenance
Code must be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly interpreted,
that the provisions of this code do not apply, that the requirements
of this code are satisfied by other means or that the strict application
of the code would cause an undue hardship due to the unique circumstances
involving the property in question such that strict application of
the code would prevent the property owner or occupant from making
reasonable use of the property.
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111.3. The appeal tribunal may consider the following
factors in deciding a claim of hardship:
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111.3.1. Whether the owner or occupant has complied
with prior orders or agreements covering maintenance of the property;
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111.3.2. Whether the owner or occupant has a history
of investment or improvement at the property;
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111.3.3. Whether the cost of repair or compliance
is reasonable in relation to the value of the property and the danger
presented by the property;
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111.3.4. Whether enforcement of the code would
result in a taking without compensation;
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111.3.5. The length of time any violations have
existed;
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111.3.6. Degree of mitigation attempted;
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111.3.7. Number and severity of violations at the
property;
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111.3.8. Visibility of violations from the street
and neighboring properties;
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111.3.9. Existence of similar conditions at neighboring
properties;
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111.3.10. Danger presented by the violations to
children or the sick or elderly.
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111.4. The appeal tribunal shall have no authority
to waive requirements of the Property Maintenance Code except upon
a finding of undue hardship made pursuant to Sections 111.1, 111.2
and 111.3.
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111.5. The appeals board shall decide appeals based
on the vote of a majority of a quorum of the board.
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308.2. Disposal of Rubbish. Both the owner and
occupant of a structure shall be responsible for the disposal of all
rubbish in a clean and sanitary manner by placing such rubbish in
approved containers.
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308.3. Disposal of Garbage. Both the owner and
occupant of a structure shall be responsible for the disposal of garbage
in a clean and sanitary manner by placing such garbage in an approved
garbage disposal facility or approved garbage containers.
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302.4. Weeds. Premises and exterior property shall
be maintained free from weeds or plant growth in excess of eight inches
in height. Noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers and gardens. Upon failure of the owner, occupant and/or agent
having charge of a property to cut and destroy weeds after service
of a notice of violation, they shall be subject to prosecution in
accordance with Section 106.3 and as prescribed by the Borough of
Mount Oliver. Upon failure to comply with the notice of violation,
any duly authorized employee of the Borough of Mount Oliver or contractor
hired by the Borough shall be authorized to enter upon the property
in violation and cut and destroy the weeds growing thereon, and the
costs of such removal shall be paid by the owner, occupant and/or
agent responsible for the property, and such costs, together with
any interest, penalty, charges, expenses and fees, and attorney fees
authorized for Borough municipal claims, may be filed as a lien against
the property in violation.
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