[HISTORY: Adopted by the Borough Council of the Borough of Pleasant
Hills 5-16-2005 by Ord. No. 844. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 150.
Open burning — See Ch. 180.174.
Drug paraphernalia — See Ch. 186.
Dumping — See Ch. 189.
Hazardous waste — See Ch. 225.
Littering — See Ch. 234.
Nuisances — See Ch. 248.
Paintball guns — See Ch. 251.
Peace and good order — See Ch. 258.
Property maintenance — See Ch. 268.
The charges referenced in this chapter for the cost of abatement of
a nuisance property shall be charged back to the property owner. These charges
shall be the responsibility of the property owner and shall be payable within
30 days or accrue interest at the rate of 1 1/2% per month. This financial
obligation is imposed on the property owner in an effort to deter repeat violations
of state and local laws and to ensure restoration of the common health, safety
and welfare of the residents of the Borough of Pleasant Hills. These costs
shall be determined by the actual cost of abatement and shall also include
administrative costs which may be amended from time to time. The initial administrative
cost/fine for properties that are determined to be nuisance properties shall
be set at $300. Such fees will offset the administration and/or actual costs
of enforcing the chapter.
The following definitions shall apply to the interpretation of this
chapter:
Refers to the activities and costs of enforcing the chapter. This
function shall be carried out by the Police Department of the Borough of Pleasant
Hills.
The reasonable costs of abatement of one or more of the infractions set forth in § 247-3 below and as calculated by the Chief of Police, and shall include, but not be limited to, the cost of police and/or emergency personnel responding to the infraction, such as personnel/labor costs, as well as actual costs and/or actual expenses incurred to abate the infraction.
Include the cost of abatement of each of the infractions described
herein as well as fees charged to the property owner for the administration
of this chapter. The initial administrative fee/penalty shall be $300. This
charge may be amended in future fee resolutions adopted by the Borough Council.
Any residentially zoned property with five or fewer units that generates
at least a combined three or more citations for one or more of the infractions
described herein on three separate occasions within any six-month period or
any residentially zoned property with more than five units that generates
at least a combined three citations from one unit or five citations from the
entire building for infractions that occur within any six-month period.
Any person who, whenever engaged in any infraction, is physically
present at the subject property, enters, patronizes, or attempts to enter,
patronize, or visit, or waits to enter, patronize, or visit a property or
person present on a property, including any officer, director, customer, agent,
employee, or independent contractor of the record owner of the subject property.
Any person or business entity listed as the record owner of any property
within the boundaries of the Borough of Pleasant Hills as set forth in the
records of the Allegheny County Recorder of Deeds and as published on the
Allegheny County Real Estate Website.
The infractions subject to this chapter shall include any of the following
activities, behaviors or conduct, whenever engaged in by the owner(s), operator(s),
tenant(s), occupant(s) or their invitee(s):
B.
Violations of Chapter 162 of the Code of the Borough
of Pleasant Hills related to brush, grass and weeds;
C.
Violations related to Chapter 174 of the Code of the Borough of Pleasant Hills related to open burning;
D.
Violations related to Chapter 186 of the Code of the Borough of Pleasant Hills related to drug paraphernalia;
F.
Violations of Chapter 225 of the Code of the Borough of Pleasant Hills related to hazardous waste;
I.
Violations of Chapter 251 of the Code of the Borough of Pleasant Hills related to paintball guns;
J.
Violations of Chapter 258 of the Code of the Borough of Pleasant Hills related to peace and good order;
L.
Violations of any existing ordinance of the Borough of
Pleasant Hills which results in a disturbance of the quiet use and enjoyment
of the neighboring property.
M.
Violations under Pennsylvania law, which are designated
as a summary offense, misdemeanor or felony.
A.
Service of notice.
(1)
Notice of the citations referenced herein shall be reported
to the property owner within 72 hours of their discovery and/or confirmation.
Notification to the property owner shall be provided by First Class U.S. Mail
addressed to the property owner's last known address or by delivery of
a notice to the property owner's usual place of business or residence.
This notice shall be sent by the Police Department of the Borough of Pleasant
Hills with a copy provided to the Zoning Officer. The Zoning Officer and/or
Code Enforcement Officer shall promptly notify the Police Department when
they issue a citation so the number of infractions may be tracked.
(2)
The notice shall be deemed to be properly delivered if
sent either by First Class Mail to the property owner's last known address
or if delivered in person to the property owner. If the property owner cannot
be located, the notice shall be deemed to be properly delivered if a copy
of the notice is hand-delivered at the property owner's usual place of
abode in the presence of some competent member of the family at least 17 years
of age or a competent adult currently residing there and who shall be informed
of the content of the notice. If a current address cannot be located, notice
shall be deemed sufficient if posted on the potential nuisance property, and
a copy of the notice is sent via First Class Mail to the last known address
of the property owner.
B.
The Police Department of the Borough of Pleasant Hills
shall maintain a log of each of the infractions that are the subject of this
chapter. The log shall be maintained for the purpose of recording the subject
infractions from diverse sources who would not otherwise know of other departments'
activities with the subject property and/or reports of violations/disturbances
at the subject property.
C.
Whenever the Police Department determines that a residentially
zoned property with five or fewer units has been cited for one of the above-referenced
infractions on at least three separate occasions within any six-month period
or a residentially zoned property with more than five units has been cited
for one of these infractions involving one unit at least three times or at
least five times for infractions involving the entire building on separate
occasions within any six-month period, the Police Department shall notify
the property owner in writing that the property has been designated as a nuisance
property. A copy of this notice shall be provided to the Zoning Officer at
the time the notice is issued.
D.
The notice described in Subsection C above shall contain the following information:
(1)
The street address or legal description sufficient for
identification of the property;
(2)
A description of the infraction(s) that have occurred,
and the date of their occurrence at the property and a statement indicating
that the property is declared as a nuisance property due to repeated violation
of the relevant Borough ordinance and/or state laws;
(3)
Notice of the property owner's right to appeal the determination as described in § 247-6 of this chapter; and
(4)
A statement that the property owner shall, within 10
days, respond to the individual who issued the notice, in writing, with either:
(a)
The intent of the property owner to appeal the finding
referenced above; or
(b)
A proposal detailing a course of action by which the subject infractions/activities will be abated at the property. The Police Department shall, within 10 days of receipt of said proposal, either approve or disapprove of the proposal at its discretion. In the event the Police Department disapproves a proposal, the property owner may appeal by following the procedure set forth in § 247-6 below.
E.
Upon a determination by the Police Department that an
additional infraction has occurred at a property for which notice has been
issued as described in this chapter, and either the infraction has occurred
not less than 14 days after notice has been issued or an approved course of
action as described herein, has not been completed, the Police Department
shall issue a notice to the property owner setting forth the actual charge
for the cost of abatement of the subject infraction(s). This notice may also
include the cost of administration of this chapter as described herein.
A.
The cost to abate the infractions and the administrative
cost/penalty shall be charged to the property owner following the designation
of the property as a nuisance property. These charges shall become due within
30 days of the notice of the charges being mailed to the property owner. Interest
shall accrue, as described herein, if these costs are not satisfied within
30 days.
B.
The Police Department shall bill the owner of a nuisance
property the costs/penalties described herein. Any cost imposed upon the property
owner shall constitute a lien against the property and may be enforced and/or
collected in such fashion.
C.
Each subsequent incident or subsequent infraction shall
be deemed a separate violation subject to this penalty/cost.
An appeal of the determination referenced herein must be submitted to
the District Magistrate within 30 days or the recommendation/costs shall become
final.
A.
In the event any property owner, after implementation
of a plan to abate the violations, demonstrates that representatives of the
Borough have not responded to an infraction at a nuisance property for at
least a period of six months, that property shall no longer be considered
a nuisance property, until such time that the criteria to establish a property
as a nuisance property are again satisfied.
B.
Any citation issued as a result of the action of a tenant
who is already in the process of being evicted, shall not count toward the
number of citations necessary to be deemed a nuisance property if the property
owner can prove that an eviction action has been commenced in a court of law
and if the property owner is actively prosecuting said eviction action against
the nuisance tenant.
