[Amended 11-5-1991 by Ord. No. 422]
The owner, tenant, agent or occupant of any land or buildings,
upon any street or avenue in the Borough of Muncy, shall, after reasonable
notice, not to exceed 10 days, duly served by the Health Officer or
any agent of said Borough, remove or have removed from the sidewalk
abutting such property or along such sidewalk from the space between
the property line and the curbline along such street or avenue; and
from such land, lot, lawn or property:
A. Any accumulation of mud or dirt which has been placed there or washed
thereon from such lot, building, land, or property.
B. All grass, weeds or vines which may have grown to the height of six
inches or more along such sidewalk or between the line of such lot,
lawn, building or property and the curbline of such street or avenue.
C. All weeds, noxious vines, shrubbery, or refuse that may have grown
or accumulated on such land, lot, lawn or property that obstructs
passage thereof.
D. Accumulation of leaves that constitute a public nuisance and safety
hazard on Borough sidewalks.
Where there is no sidewalk in front of or along any such land,
lot, lawn or property, the notice as herein provided shall be served
only upon order of the Street Committee, or its Chairman. The responsibility
for removal of mud, dirt, weeds, vines, grass or refuse, as above
required, shall be upon the owner of a property or his agent where
such property is occupied by the owner, is vacant or unoccupied by
more than one tenant or occupier; the tenant or occupier shall be
responsible where the property is occupied by such tenant or occupier
only.
[Amended 11-5-1991 by Ord. No. 422; 2-7-1995 by Ord. No. 435]
Any person or persons, firm or corporation, served as aforesaid,
and failing to remove or to have removed any mud, dirt, weeds, vines,
grass or refuse, as above required, shall be guilty of maintaining
a nuisance, and for the first offense, the Borough shall issue a nuisance
violation with a fine of $10. Failure to pay the fine within 48 hours
shall result in a non-traffic citation being filed before the Magisterial
District Judge, and upon conviction thereof, be subject to a sentence
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. For second and subsequent offenses, the
Borough shall issue a non-traffic citation and upon conviction, will
be sentenced by the Magisterial District Judge as set forth above.
Every day that a violation of this article continues shall constitute
a separate offense.
If at the expiration of the time stated in §
236-5 of this article, any owner, agent, tenant or occupier, as the case may be, shall not have complied with such notice, the Street Commissioner shall cause the mud, dirt, weeds, vines, grass and/or refuse to be removed, and the expense thereof, including the cost of labor and vehicle hire, with an additional charge of 10% thereof, shall be charged against and collected from such defaulting owner, agent, tenant or occupier.
The penalties and charges imposed and provided for by this article
shall be collected in the manner provided in the law and the amounts
so collected shall be for the use of the Borough.