Borough of East Stroudsburg, PA Article IV Violations

§ 73-11 Procedure in case of violation.

Whenever the Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part 1 or of the other applicable codes and ordinances or of any rules and regulations adopted pursuant thereto, he shall proceed as follows:

A. The Code Enforcement Officer shall serve notice in writing of the alleged violation, which shall be signed by the Code Enforcement Officer or his authorized representative. Said notice shall be served personally to the responsible owner, occupant, operator or other person in charge; or served by registered mail with a return receipt requested; or where such responsible person in charge cannot be found, service may be made by posting a notice in or about the structure or premises or by publishing such notice in a newspaper of general circulation for a period of three consecutive days; or served by any other method authorized under the laws of the Commonwealth of Pennsylvania.

B. Said notice shall include a statement of the reasons why the notice is being issued, the sections of the code and/or ordinances which have been violated and the remedial actions required.

C. Said notice shall allow a reasonable time, not to exceed 60 days, for the initiation and correction of the violation alleged or of the remedial actions required, except where emergency conditions exist which require immediate corrective action.

D. Said notice shall contain a statement indicating that the notice will become an order if no request and approval for an extension of time is made to the Code Enforcement Officer or if no petition for an appeal or hearing is requested before the Code Hearing Board within 15 days from the receipt of said notice.

E. The Code Enforcement Officer may grant a request for a reasonable extension of time where he has evidence to believe that the responsible person is attempting to remove the alleged violation. However, no such extension of time may exceed a period of 90 days unless authorized by the Code Hearing Board upon appeal of the responsible owner, operator, occupant or other person in charge.

F. The above Subsections A through E shall not apply:

(1) When the Code Enforcement Officer issues a stop-work order for a violation of § 73-7, which requires a permit for work. If the responsible owner, occupant, operator or other responsible person in charge continues to perform work without a permit, then the penalty provisions of § 73-12 shall apply.

(2) To § 73-23D, PM-705.5 Smoke detectors. It shall be an immediate violation of this section when the owner of a dwelling unit within the Borough fails to provide a smoke detector. In this case there is no requirement for a written warning, and failure to comply with § 73-23D, PM-705.5, shall cause the Code Enforcement Officer to initiate action with the District Magistrate.

§ 73-12 Violations and penalties.

A. Any person who fails to correct a violation or take a remedial action as ordered by the Code Enforcement Officer or who violates a provision or fails to comply with any requirements of this Part 1 or of any of the other applicable codes or ordinances shall be guilty of a summary offense and, upon conviction thereof, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 30 days, or both, and each day's failure to comply with any such provision or requirement or any such order shall constitute a separate offense.

B. The imposition of the penalties herein prescribed shall not preclude the Solicitor representing the municipality from initiating, and he is hereby ordered to initiate, appropriate actions or proceedings at law or in equity to effect the purposes of this Part 1.

§ 73-13 (Reserved) [1]

[1] Editor's Note: Former § 73-13, Unsafe structures and unfit dwellings, was repealed 6-6-2006 by Ord. No. 1178, approved 6-6-2006.