[Ord. 2010-2, 6/7/2010]
This Part may be cited as the "Burnham Borough Nuisance Property
Ordinance."
[Ord. 2010-2, 6/7/2010]
Real estate situated within the Borough of Burnham which are
"chronic nuisance properties" pose real and continuing peace, health,
safety and welfare concerns for the Borough of Burnham and its residents
and the proper management, care and control of Borough finances. Owners
of real property within the Borough as well as tenants thereof and,
otherwise, any person or persons responsible for the property are
responsible to take corrective actions to abate nuisance conditions
on the property that they own and/or where they reside and/or in relation
to which they are responsible. Properties where a chronic public nuisance
exists have a significant impact upon the Borough, its residents and
the quality of life, safety and health of the neighborhoods where
they are situated. This Part is enacted to abate nuisance activities
that are repetitive and are disruptive to the quality of life within
the neighborhood and the Borough. This Part is to provide a remedy
to abate a public nuisance which has been established, maintained,
kept or continued or has been permitted to be established, maintained,
kept or continued by the owner of the real estate and/or by the tenant
or tenants thereof and/or otherwise by persons responsible for the
property. This Part is also intended to abate chronic nuisance properties
that are a financial burden on the Borough and its residents by repeated
calls for Borough services, including, but not necessarily limited
to, police services, due to activities on the property. It is the
responsibility of the owner of the property as well as the tenant
or tenants thereof, and otherwise the person or persons responsible
for the property, to maintain the property in such a manner that such
does not affect the peace, safety and welfare of the Borough and its
residents and does not cause public inconvenience, annoyance or alarm
and excessive public expense due to such activities.
[Ord. 2010-2, 6/7/2010]
This Part is adopted pursuant to authority set forth in the
Borough Code, Act of February 1, 1965, P.L. 1656, No. 581, § 101
et seq., as amended (53 P.S. § 45101 et seq., as amended),
§ 1202(5), § 1202(20) and § 1202(74)
thereof, as amended, (53 P.S. § 46202(5), 53 P.S. § 46202(20)
and 53 P.S. § 46202(74), as amended) and otherwise per law.
[Ord. 2010-2, 6/7/2010]
The following terms shall have the meaning set forth hereinafter
for purposes of this Part:
ABATE
To repair, replace, remove, destroy, or otherwise remedy
a condition, which constitutes a violation of this Part by such means
and in such a manner and to such an extent as the applicable ordinance
enforcement officer, police officer or other designated agent of the
Borough determines is necessary in the interest of the general peace,
health, safety and welfare of the Borough and its residents.
BOROUGH
The Borough of Burnham, Mifflin County, Pennsylvania.
CONTROL
The ability to regulate, restrain, dominate, counteract or
govern property, or conduct that occurs on a property.
CHRONIC NUISANCE PROPERTY
Property on which a combination of three or more nuisance
activities occur or exist during any sixty-day period.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, or giving away of
any controlled substance as defined by State or Federal law.
NUISANCE ACTIVITY
Includes:
A.
Any nuisance, as defined by State law or local ordinance, occurring
on the said property and which is a public nuisance.
B.
Any criminal conduct as defined by Federal law, State law or
local ordinance occurring on a property, including, but not limited
to, the following activities or behaviors:
(6)
Any crimes of domestic violence.
(9)
Patronizing a prostitute.
(10)
Public disturbance noises.
(12)
Any firearms/dangerous weapons violations.
(13)
Drug-related loitering and/or drug-related activity.
(14)
Any dangerous animal violations.
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Nonetheless, for purposes of this Part, a "nuisance activity"
shall not include conduct where the person responsible is the victim
of a crime and had no control over the criminal act.
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C.
Chronic and repeated telephone calls or requests for police
services or other public services without a valid basis therefor and/or
being made merely to threaten, harass or annoy another person.
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
Unless otherwise defined, any person who has legal or equitable
ownership of the property or structure which is subject to this chapter,
who is a lessee of the property or structure or a part thereof, or
who is an occupant in control of the property or structure, or part
thereof, which is subject to this Part, a developer, builder, or business
operator or owner who is developing, building or operating a business
on the property or in a structure, or any part thereof, which is subject
to this Part and/or any person who has control over the property and
allows or permits a violation of this Part to continue or acquiesces
therein.
PERSON
Natural person, joint venture, partnership, limited partnership,
limited liability partnership, association, club, company, limited
liability company, corporation, business trust, organization, or the
manager, lessee, agent, officer or employee of any of them.
POLICE DEPARTMENT
The duly constituted police department of the Borough of
Burnham or any regional police department of which the Borough of
Burnham is a member municipality, or any police department of another
municipality which provides police services to the Borough as a result
of an intergovernmental agreement or contract, as applicable, at any
particular time.
POLICE OFFICER
A duly constituted officer of the Police Department, as defined
above, or any other municipal, State or Federal law enforcement officer
having jurisdiction and authority in the Borough from time to time.
PREMISES and PROPERTY
May be used by this Part interchangeably and means any public
or private building, lot, parcel, dwelling, rental unit, real estate
or land or portion thereof, including property used as a residential,
commercial or industrial property.
RENTAL UNIT
Any structure or that part of a structure, including, but
not limited to, a single-family home, room or apartment, which is
rented to another and used as a home residence, or sleeping place
by one or more persons.