It shall be a violation of this chapter for
any owner of a dwelling and/or dwelling unit or any other structure
or building and the premises surrounding same to maintain or otherwise
allow to exist a public nuisance in or about any such premises, dwelling
and/or dwelling unit or any other building or structure. The Housing
Officer shall enforce this section pursuant to the powers and remedies
provided for in this chapter. However, no proceedings under this chapter
shall be deemed to prohibit the Borough of Marietta from electing
to abate any such public nuisance under any other law of the Commonwealth
of Pennsylvania or by any other remedy available to the Borough.
Whenever the Housing Officer determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter or any rule or regulation adopted
pursuant thereto, he/she shall give notice of such alleged violation
to the person or persons responsible therefor, as hereinafter provided.
Such notice shall be put in writing, allow a reasonable time for the
performance of any act it requires and be served upon the owner or
his agent or upon the occupant, as the case may require, provided
that such notice shall be deemed to be properly served upon such owner
or agent or upon such occupant if a copy thereof is served upon him/her
personally, or if a copy thereof is sent by certified mail to his
last known address, or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter or of any rule or regulation thereof may request and
shall be granted a hearing on the matter before the Housing Hearing
Board, provided that such person shall file in the office of the Housing
Officer a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the Housing
Hearing Board shall, at its next regular or special meeting, grant
a hearing to the petitioner and shall give the petitioner written
notice of the time and place of this hearing. At such hearing the
petitioner shall be given an opportunity to be heard and to show why
such notice should be modified or withdrawn. Upon application of the
petitioner, the Housing Officer may postpone the date of the hearing
for a reasonable time if in his judgment the petitioner has submitted
a good and sufficient reason for such postponement. Each person, organization
or corporation requesting a hearing before the Housing Hearing Board
pursuant to this section shall, at the time of application, pay to
the Borough of Marietta a fee in an amount as established by resolution
of the Borough Council for said hearing.
After such hearing, the Housing Hearing Board shall sustain, modify or withdraw the notice. If the Housing Hearing Board sustains or modifies the notice of the Housing Officer, it shall be deemed to be an order. Any notice served pursuant to § 184-10 of this chapter shall automatically become an order if a written petition for a hearing is not filed within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter, when such notice has been sustained by the Housing Hearing Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Housing Officer within 10 days after such notice is served.
The proceedings at such hearing, including the
findings of the Housing Officer and decision of the Housing Hearing
Board, shall be summarized, reduced to writing and entered as a matter
of public record in the records of the Housing Hearing Board. Such
record shall also include a copy of every notice or order issued in
connection with the matter. Any person aggrieved by the decision of
the Housing Hearing Board may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of this commonwealth.
Whenever the Housing Officer finds that an emergency
exists which requires immediate action to protect the public health,
he/she may, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken
as he/she deems necessary to meet the emergency. Notwithstanding the
other provisions of this chapter, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the Housing Hearing Board shall be afforded a
hearing as soon as possible. After such hearing, depending upon the
finding as to whether the provisions of this chapter have been complied
with, the Housing Hearing Board shall continue such order in effect,
or modify it or revoke it.
It shall be unlawful for the owner of any dwelling
unit or other structure who has received a compliance order or upon
whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of said dwelling unit or other structure
to another until the provisions of the compliance order or notice
of violation have been complied with or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Housing
Officer or Housing Hearing Board and shall furnish to the Housing
Officer a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
The Housing Hearing Board is hereby authorized
to make and adopt such written rules and regulations as may be necessary
for the proper enforcement of the provisions of this chapter, provided
that such rules and regulations shall not be in conflict with the
provisions of this chapter. The Housing Hearing Board shall file a
certified copy of all rules and regulations which may be adopted with
the Secretary of the Borough of Marietta. Such rules and regulations,
when approved by the Borough Council and Mayor, shall have the same
force and effect as the provisions of this chapter, and the penalty
for violation thereof shall be the same as the penalty for violation
of the provisions of this chapter, as hereinafter provided.
