Borough of Mahanoy City, PA House Nuisances

Any building arranged, designed or used in whole or part to provide living facilities for one or more families. "Dwelling" shall include boarding (lodging) and/or rooming houses. "Dwelling" shall also include both the enclosed area within a dwelling, as well as the exterior premises of the dwelling, within the boundary lines of any real property on which the dwelling is located.

OCCUPANCY

Any person who lives in or has possession of, or holds an occupancy interest in, a dwelling; or any person residing in or frequenting the premises of the dwelling with the actual or implied permission of the owner or lessee.

OWNER

Any person, agent, operator, firm or corporation having legal or equitable interest in the dwelling; or recorded in official governmental records as holding title to the dwelling; or otherwise having control of the 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.

§ 119-2 Disorderly house nuisances.

A disorderly house nuisance is a dwelling within which, or on the premises of which, any of the following has occurred within a 365-day period.

Three or more violations of criminal statutes of the Commonwealth of Pennsylvania and/or the ordinances of the Borough of Mahanoy City, arising out of separate and distinct facts and circumstances, and which occur in a dwelling or on the premises of a dwelling or on property in close proximity to a dwelling or to the premises of a dwelling.

Three or more violations of the Borough Code relating to property maintenance, arising out of separate and distinct facts and circumstance.

Three or more violations of the Borough Code relating to zoning, arising out of separate and distinct facts and circumstances.

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 Mahanoy City Police Department, and regardless of whether the violation resulted in the initiation of formal court action.

§ 119-3 General provisions.

No owner or occupant of any dwelling shall allow or permit such dwelling to be, or become, a disorderly house nuisance.

An owner and/or occupant, as the case may be, shall be deemed to have allowed or permitted a dwelling to be, or become, a disorderly house nuisance, if:

(1)

The owner or occupant has personally committed the acts set forth in § 119-2;

(2)

Such acts were committed by invitees of the occupant or owner;

(3)

Such acts were committed by persons attending events or functions sponsored, permitted or allowed by the occupant or owner;

(4)

Such acts were committed by a combination of Subsection B(1), (2) or (3); or

(5)

The owner or occupant has been provided with the written notice of a disorderly house nuisance pursuant to § 119-4, below, the facts alleged therein are true, and the owner or occupant fails or refuses to abate the disorderly house nuisance.

§ 119-4 Written notice.

No person shall be prosecuted for a violation of § 119-3 until the Code Enforcement Officer shall serve such person with the notice provided herein, and the person has either failed or refused to abate the disorderly house nuisance. The Code Enforcement Officer and the Chief of Police shall jointly sign and give the notice provided herein to the owner or occupant after the second occurrence of a violation of the provisions of § 119-3 herein. Said notice shall advise the owner or occupant of the specific acts which constituted the disorderly house nuisance and that a third violation will result in an informal conference with Borough Council. In the event of a third violation of § 119-3 herein, an informal conference will be scheduled with Borough Council, at which time the owner or occupant will have an opportunity to present his or her arguments to Borough Council as to why Borough Council should not allow the Code Enforcement Officer or the Chief of Police to file a citation for violation of this chapter with the Magisterial District Judge. Such notice may be served on any person by personal service, or, in the case of an occupant, by restricted mail addressed to the address of the dwelling, or, in the case of a nonoccupant owner, by restricted mail to his/her last-known address, or, if none, to the address to which any tax statement is provided to such owner for the dwelling, or by posting of the dwelling, either on the structure or at a location on the exterior premises, or by any other method of service reasonably calculated to give actual notice. Such notice shall contain, at a minimum, the following:

That a disorderly house nuisance exists, as defined by § 119-2, at the location specified in the notice.

The date of the commission of the acts which constitute the basis of the disorderly house nuisance, the name(s) of the person(s) committing such acts, if known, and all other facts and circumstances that the Borough relies upon to allege that such acts form the basis for the disorderly house nuisance.

The date, time and place where the person is to appear and meet with Borough Council prior to a citation being filed.

That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time, place and manner designated in the notice may result in prosecution of a violation of § 119-3 and the imposition of penalties, as proscribed by this chapter.

§ 119-5 Informal conference.

At the informal conference with Borough Council, the owner and/or occupant shall discuss the facts constituting the disorderly house nuisance and shall attempt to explain why Borough Council should not recommend that the Code Enforcement Officer file a citation for violation of this chapter with the Magisterial District Judge.

§ 119-6 Decision of Council.

At the conclusion of the informal conference, Borough Council may include a list of specific actions and a specific schedule of deadlines for said actions to abate the disorderly house nuisance or Borough Council may recommend that the Code Enforcement Officer file a citation for violation of this chapter with the Magisterial District Judge. Borough Council may impose one or more of the following conditions or requirements on the owner and/or occupant:

Institution of eviction proceedings of identified individual(s) from the dwelling in question.

Written notification from the owner and/or occupant to an identified individual or individuals that they are prohibited from entering onto the premises of the dwelling.

Utilization of written leases containing a provision or provisions requiring eviction for criminal activity.

The completion of improvements upon the premises of the 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.

Any other reasonable condition or requirement designed to abate the disorderly house nuisance.

§ 119-7 Commencement of prosecution.

The Code Enforcement Officer may commence prosecution alleging a violation of this chapter under the following circumstances:

The owner or occupant commits a violation described in § 119-3 of this chapter.

The owner and/or occupant does not attend the informal conference with Borough Council within the time period described previously.

The owner and/or occupant fails or refuses to comply with the conditions or requirements set forth by Borough Council within the prescribed time period set forth in this chapter.

§ 119-8 Action for equitable relief.

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 dwelling within the corporate limits of the Borough is being maintained as a disorderly house nuisance, may prosecute an action for equitable relief, in the name of the Borough, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the dwelling in question from using or permitting its use in violation of the provisions of this chapter.

§ 119-9 Violations and penalties.

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Upon finding a guilt under this chapter, the court may, in addition to other remedies permitted by the Code, impose any or all of the following conditions:

(1)

The completion of improvements upon the premises of the dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting;

(2)

Requirement of a written lease for occupants, which includes provisions requiring eviction for criminal activity;

(3)

Submitting tenancy lists on a periodic basis to the Police Department; and

(4)

Any other condition reasonably related to the objective of abating the disorderly house nuisance.