[Ord. 1579, 12/14/1987, § 5; as amended by Ord. 1705, 10/12/1992, § 1; by Ord. 1799, 4/10/1995, § 3; by Ord. 1913, 2/12/2001, §§ 3, 4; by Ord. 1965, 5/12/2003, § 2; and by Ord. 2079, 10/12/2010]
1. Procedure in Case of Violations. With the exception of any violations pertaining to inspection of property transfers or reoccupancy of rental units for which no notices are required, and with the exception of any violations pertaining to snow removal from sidewalks, abandoned motor vehicles, the cutting of grass and weeds, or the improper accumulation and/or disposal of trash, refuse or garbage, which notice shall be effectuated by posting the property as set forth in Subsection A below, whenever the Enforcement Officer determines that there are reasonable grounds to believe there has been a violation of any provisions of this Part, or any other applicable codes and ordinances, the Code Officer shall follow the procedure set forth in that specific applicable code in order to provide notice of the alleged violation and allow the period of time no less three days and no more than 60 days for the initiation and correction of the alleged violation or of the remedial action required, except where emergency conditions exist that require immediate correction, or where a property or rental unit is occupied without a permit.
A. For snow removal from sidewalks, for abandoned motor vehicles, for improper accumulation and/or disposal of trash, refuse and garbage, and/or the cutting of grass and weeds, the Code Officer shall post a notice at a prominent location in or about the structure or premises. Said notice shall be signed by the Code Enforcement Officer or his representative with the nature of the alleged violation, the section of the Code or ordinance violated, the time within to correct such violation prior to the Borough either issuing a citation and/or correcting the violation and liening the property. The failure of the property owner to abate the violation within the time period required shall entitle the Borough to correct the violation and/or issue a citation against the responsible party.
B. Chronic offender property shall be any property that has received two or more prior property maintenance citations of any nature within any twelve-month period. For any chronic offender property, no written notice of the alleged violation shall be required and no time period need be given to correct the violation. The Code Enforcement Officer, upon determination of a property maintenance code violation, may immediately issue a citation and proceed to prosecute the violation before the District Justice.
2. Penalties.
A. Any person who fails to correct a violation or institute a remedial action as ordered by the Code Enforcement Officer or who violates a provision or fails to comply with the requirements of any of the provisions of the applicable codes or Ordinances shall be subject, for each violation, to a fine as set forth in the applicable code or ordinance or in default of payment of such fine and costs, to imprisonment not exceeding 30 days, and each day's failure to comply with any such provision or requirement or any such order shall constitute a separate offense. Where the applicable code does not contain a penalty for violation, the fine shall be not less than $50 nor more than $1,000, plus costs of prosecution.
B. The imposition of the penalties herein prescribed shall not preclude the Solicitor representing the Borough 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.