[HISTORY: Adopted by the Borough Council of the Borough of
Sellersville 7-12-1971 by Ord. No. 406. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any common law or statutory nuisance cognizable under the
law of the Commonwealth of Pennsylvania or federal statute and/or
constituting a situation or condition which is detrimental to or offends
the public health, safety, morals and general welfare of the community.
A.
Whenever it is reported to the Borough Manager that an owner or occupier
of property is permitting the maintenance of any activity, operation
or status which may have an adverse effect on the health, safety,
morals, general welfare, cleanliness, beauty, convenience, comfort
or safety of the Borough, the Borough Manager shall immediately cause
an investigation and/or examination to be made of such activity, operation
or status. If such investigation or examination indicates that such
activity, operation or status may be a nuisance as defined herein,
the Manager shall report, in writing, to the Mayor, specifying the
exact nature of such activity, operation or status and setting forth
in such report whether and in what respect he considers such activity,
operation or status to be a nuisance and how the maintenance of such
activity, operation or status adversely effects the health, safety,
morals, general welfare, cleanliness, beauty, convenience, comfort
and safety of the Borough.
B.
Upon receiving the report from the Borough Manager, the Mayor shall
make a similar investigation and examination and prepare a similar
report.
After the Mayor has completed his investigation, examination
and report, the Borough Manager shall cause written notice to be sent
to the owner or occupier of the property advising him that a complaint
has been made, that the matter has been investigated and that reports
have been prepared by the Mayor and Manager, enclosing, a copy of
each report and further advising that, at the next regular or special
meeting of the Borough Council or a date not sooner than 10 days from
the date of said notice, said reports will be submitted to the Borough
Council at a public meeting to determine whether said activity, operation
or status constitutes a nuisance in fact.
A.
The Borough Council shall, not sooner than 10 days from the date
of said notice, at a regular or special meeting, conduct a public
hearing and, based on said hearing and the sworn testimony presented
therein, make findings of fact as to whether the activity, operation
or status is a nuisance in fact, and what effect it has on the health,
safety, morals, general welfare, cleanliness, beauty, convenience,
comfort and safety of the Borough. At such hearing, the owner or occupier
of the property may appear in person or by counsel and be heard.
B.
If it is found that the activity, operation of status is a nuisance
in fact, the Borough Manager shall forthwith cause written notice
to be sent, by certified mail, to the owner or occupier of the property,
with a copy of the findings of fact, requiring that the owner or occupier
abate or remove the nuisance within 10 days of receipt of said notice
and to complete such abatement and/or removal within 30 days.
All notices required by this chapter shall be served either
personally or by certified mail at the last known address of the property
owner or occupant.
[Amended 7-7-1997 by Ord. No. 604; 10-12-2015 by Ord. No. 703]
If the owner or occupier of the property on which such nuisance
exists fails to commence or to complete abatement and/or removal within
the time limits prescribed by such notice, he shall be prosecuted
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure and upon conviction
shall be sentenced to pay a fine not to exceed $1,000 per violation,
plus court costs and reasonable attorneys' fees incurred by the
Borough of Sellersville, or to imprisonment for not more than 90 days,
or both. Violations of more than one provision of this section shall
constitute separate violations. Each day that a violation of any provision
of this section continues or occurs shall constitute a separate violation.
If the owner or occupier of property on which is maintained a nuisance and to whom notice to abate or remove has been sent under the provisions of this chapter fails to commence to abate or to complete such abatement within the time limit prescribed by such notice, the Borough Manager shall be empowered to cause such work of abatement and removal to be commenced or completed by the Borough, and the cost and expense thereof, with a penalty of 10%, shall be collected from the owner or occupier of such property in the manner provided by law, provided that the recovery of such cost and expenses, together with the penalty, may be in addition to the penalty imposed as provided in § 89-6 of this chapter.
