[HISTORY: Adopted by the Borough Council of the Borough of Moosic at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Moosic.
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer of the Borough of Moosic.
- HEALTH INSPECTOR
- The duly appointed Health Inspector of the Borough of Moosic.
- Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc, and other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tin foil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils; used lumber; used boxes or crates, used pipe and pipe fittings, used tires and other manufactured goods that are so worn or deteriorated or obsolete so as to make them unusable in their existing condition.
- Any individual, corporation, partnership, association or business.
It shall be unlawful for any person to store any rags, bones or junk, excepted properly permitted and zoned, which may prove detrimental to health within the limits of the Borough of Moosic. If any person shall maintain or continue the storage or detention of rags, bones or junk, contrary to the provisions of this section, the house or place of storage or detention shall be declared a nuisance and the person maintaining or continuing such nuisance shall be liable, upon conviction, to the punishment hereinafter provided. This section shall not apply to temporary storage of rags, bones or junk by private families or householders if the same be removed each and every week.
It shall be unlawful for any person to maintain his/her property in such a condition so as to be detrimental to the health and welfare of other persons or the general public.
It shall be the duty of the Health Inspector and/or Code Enforcement Officer of the Borough of Moosic to investigate all nuisances, either upon written complaint or upon his own initiative, and report to Moosic Borough Council as to what action might be necessary. The said Code Enforcement Officer and/or Health Inspector shall give the location of the property or properties where the nuisance exists, together with the nature, character and causes of the nuisances.
At the expiration of the time for compliance by notice served in accord with § 206-5, for the abatement of the nuisance, the Code Enforcement Officer and/or Health Inspector shall reinspect the condition and report what action has been taken on the premises.
The Health Inspector and/or Code Enforcement Officer shall have the power and authority to enter upon any premises in the Borough upon which there is reasonably suspected to exist any nuisance detrimental to the public health and/or welfare for the purpose of examining and/or abating the same.
Whenever any nuisance is found to exist by the Code Enforcement Officer and/or Health Inspector, he shall issue an order to abate such nuisance. Such order shall be directed to the owner of the premises upon which the nuisance exists or to the person committing or responsible for such nuisance.
The order to abate a nuisance shall specify the time within which the nuisance is to be removed or otherwise abated by the person to whom the order is directed.
In all case of nuisances to be removed by the agent, occupiers or owners of property who have been notified to that effect, it shall be understood that he or she shall commence the removal within the time prescribed in the order or notice.
The Code Enforcement Officer and/or Health Inspector shall serve all notices and orders concerning the abatement of nuisances upon the property owners or agents. In the case of failure to find the property owner or agent after diligent search, the Code Enforcement Officer and/or Health Inspector shall leave such notice or order on the premises prominently displayed.
Any person who disagrees with the decision of the Code Enforcement Officer and/or Health Inspector may appeal to the Borough Council of the Borough of Moosic for a review of the decision and hearing if so requested. Such appeal must be filed to the Borough Council in writing within 10 days after receipt of the notice or order of the Code Enforcement Officer and/or Health Inspector. If said appeal is timely filed, compliance with the order or notice shall not be required while the appeal is pending, except as hereinafter provided.
The Borough Council, after review and hearing, if requested, may modify any order or notice or authorize a variance from the terms of the order or notice when, because of special conditions, undue hardship would result from literal enforcement and when such variance substantially meets the spirit of this chapter.
If the Code Enforcement Officer and/or Health Inspector finds that there exists a violation of this chapter which creates an emergency requiring immediate correction to protect the health, welfare and safety of the residents of the Borough of Moosic, the Code Enforcement Officer and/or Health Inspector may take immediate corrective action to abate the nuisance, in accordance with procedures hereinafter described.
Any person aggrieved by a decision of the Borough Council may appeal said decision to the Court of Common Pleas of Lackawanna County within 30 days of receipt of the decision of said Borough Council.
The Code Enforcement Officer and/or Health Inspector may reexamine the property which is the subject matter of the order of abatement after the expiration of time for compliance and if there are no appeals pending or there exists a situation which creates an emergency requiring immediate correction to protect the health, welfare and safety of the residents of the Borough of Moosic, the Code Enforcement Officer and/or Health Inspector then may then abate such nuisance by authorizing the nuisance to be corrected or removed in accordance with the Borough Code, and all costs and expenses of abatement, together with a surcharge of 20%, shall be collected either by filing of a lien against the properties which are the subject matter of the abatement or by action in assumpsit or otherwise in accordance with proper procedures as provided by law.
Any person, firm or corporation who shall violate any provision of this chapter shall be, upon conviction thereof, sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.