For the purpose of this chapter, the following definitions shall
apply:
BUILDINGS or DWELLINGS
Any building or dwelling arranged, designed or used in whole
or part to provide living facilities for one or more families or a
building or dwelling that is used for a commercial purpose, including
but not limited to single family, multifamily, boarding, lodging,
rooming, hotel, motel, offices, retail, bar, restaurant and manufacturing
building. This shall include enclosed areas within any building or
dwelling as well as exterior premises of said building or dwelling
within the boundary lines of all real property on which the building
or dwelling is located.
CITY CODE
The Code of the City of Pottsville.
OCCUPANT
Any person who lives in or has possession of, or holds an
occupancy interest in, a building or dwelling; or any person residing
in or frequenting the premises of a building or dwelling as a guest
or customer of the building or dwelling with actual or implied permission
of the owner or lessee.
OWNER
Any person, agent, operator, firm or corporation having legal
or equitable interest in the building or dwelling; or recorded in
official governmental records as holding title to the building or
dwelling; or otherwise having control of the building or dwelling,
including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession
of such property by a court.
A nuisance property designation is a building or dwelling within
which, or on the premises of which, any of the following has occurred
within a 180-day period:
A. Three or more violations of criminal statutes of the Commonwealth
of Pennsylvania and/or the ordinances of the City of Pottsville arising
out of separate and distinct facts and circumstances and which occur
in a building or dwelling or on the premises of a building or dwelling
or property in close proximity to a building or dwelling or to the
premises of a building or dwelling;
B. Three or more violations of the City Code relating to property maintenance
arising out of separate and distinct facts and circumstances;
C. Three or more violations of the City Code relating to zoning arising
out of separate and distinct facts and circumstances; or
D. A combination of three offenses from any of the above categories
arising out of separate and distinct facts and circumstances and which
have been investigated, found to have substance, and appropriately
documented by the Code Enforcement Officer or members of the Pottsville
Police Department, and regardless of whether the violation resulted
in the initiation of formal court action.
At the conclusion of the informal conference, the City Administrator
may include a list of specific actions and a specific schedule of
deadlines for said actions to abate the nuisance property designation,
or the City Administrator may recommend that the Code Enforcement
Officer or the police file a citation for violation of this chapter
with the Magisterial District Justice. The City Administrator may
impose one or more of the following conditions or requirements on
the owner and/or occupant:
A. Institution of eviction proceedings of an identified individual(s)
from the building or dwelling in question.
B. Written notification from the owner and/or occupant to an identified
individual(s) that they are prohibited from entering onto the premises
of the dwelling.
C. Utilization of written leases containing a provision(s) requiring
eviction for criminal activity.
D. The completion of improvements upon the premises of the building
or dwelling which have the impact of mitigating crime, including but
not limited to the erection of fences, installation of security devices
upon the entrances or increased lighting.
E. Any other reasonable condition or requirement designed to abate the
nuisance property designation, including but not limited to ceasing
any commercial activity in the building.
The Code Enforcement Officer or the police may commence prosecution
alleging a violation of this chapter under the following circumstances:
A. The owner and/or occupant commits a violation described in §
155-3 of this chapter.
B. The owner and/or occupant does not attend the informal conference
with the City Administrator, the Code Enforcement Officer, the Chief
of Police, or their respective designees as described previously.
C. The owner and/or occupant fails or refuses to comply with the conditions
or requirements set forth by the City Administrator within the prescribed
time period.
In addition to prosecution of the offense defined in this chapter
or pursuing any other remedies available under this Code, the Code
Enforcement Officer, upon receipt of reliable information that any
building or dwelling within the corporate limits of the City is being
maintained as a nuisance property designation, may prosecute an action
for equitable relief, in the name of the City, to abate the nuisance
and to enjoin any person(s) who may own, rent or occupy the dwelling
in question from using or permitting its use in violation of the provisions
of this chapter.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, that decision
shall not affect the validity of the chapter as a whole or any part
thereof, other than the part so declared to be invalid.