[Adopted 12-13-1971 by Ord. No. 763 as
Ch. VI, Sec. 6-4, of the 1971 Revised General Ordinances]
[Amended 7-12-1982 by Ord. No. 972]
It shall be the duty of any owner or tenant
or person in possession of any lands in the Borough to keep such lands
and adjacent sidewalks, curbs and grass plots free of overgrowth,
brush, weeds, noxious growths, filth, garbage, trash and debris where
the same are inimical to the preservation of public health, safety
or general welfare of the Borough or which may constitute a fire hazard.
Overgrowth, including grass, weeds and shrubs, shall be kept trimmed
from the landowner's property line to the street curbline.
[Amended 7-12-1982 by Ord. No. 972; 9-28-1997 by Ord. No.
1291; 6-27-2018 by Ord. No. 1791]
Whenever the Property Maintenance Officer shall deem it necessary or expedient to enforce the provisions of § 162-1 herein or for the preservation of the public health, safety, general welfare or the elimination of a fire hazard, he or she shall issue a notice of such violation and mail or hand such notice to the owner, tenant or person in possession of any such lands on which said violation is deemed to exist, ordering the removal of said violation within 5 days of service of notice. The penalties for violation of the provisions of this article shall be as set forth in § 162-4 of this article.
[Amended 6-27-2018 by Ord. No. 1791]
In the event that the owner, tenant or person
in possession of the lands in question shall refuse or neglect to
abate or remedy the condition complained of within 5 days after receipt
of notice, the Property Maintenance Officer shall cause the condition
complained of to be abated and remedied and shall certify the cost
thereof to the Council, who shall examine the certificate and, if
found correct, cause the cost as shown thereon to be charged against
the lands. The amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form a part of the
taxes next to be assessed and levied upon such lands, the same to
bear interest at the same rate as taxes, which shall be collected
and enforced by the same officer and in the same manner as taxes.
Costs shall be in addition to any penalties imposed for any violation
of this article.
[Added 5-9-1988 by Ord. No. 1125]
A.
Maximum penalty. For violation of any provision of
this article, any other chapter of this Code or any other ordinance
of the Borough where no specific penalty is provided regarding the
sections violated, the maximum penalty shall, upon conviction of a
violation, be any combination of the following: a fine not exceeding
$1,000, imprisonment for a period not exceeding 90 days or a period
of community service not exceeding 90 days.
[Amended 9-28-1997 by Ord. No. 1291]
B.
Separate violations. Except as otherwise provided,
each and every day in which a violation of any provision of this article
or any other ordinance of the Borough exists shall constitute a separate
violation.
C.
Application. The maximum penalty stated is not intended
to state an appropriate penalty for each and every violation. Any
lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or a particular violation.
