It shall be unlawful for any person to create,
continue, cause, maintain, or permit to exist any nuisance at any
place within the Borough.
Any person who creates, continues, causes, maintains, or permits to exist any nuisance at any place within the Borough, shall, within 10 days after the notice from the Borough to do so, remove or abate the nuisance. If that person fails, neglects or refuses to abate the nuisance within the time limit, the Borough shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance, and, in so doing, shall have authority to enter upon the property of the person in default. Thereupon, the Borough shall collect the cost and expense of the abatement or removal from the person who created, continued, caused, or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of the municipal claims, or by an action in assumpsit; provided, the cost and expense may be in addition to any penalty imposed under §
118-4 of this chapter.
Any person who violates any provision of this chapter shall be guilty of an offense, and for every such offense shall, upon conviction, be sentenced to pay a fine of not more than $300 and costs of prosecution; provided, each day on which a violation shall exist or continue to exist, after notice from Council as provided in §
118-3 of this chapter, shall constitute a separate offense.
This chapter shall not be construed to be the
sole means for abatement of nuisances within the Borough, and nothing
shall preclude any person from proceeding individually or with other
injured persons to effect the abatement of a private nuisance. Furthermore,
in the exercise of the powers conferred in this chapter, the Borough
may institute proceedings in equity.