[HISTORY: Adopted by the Borough Council of the Borough of
Millvale 12-12-1995 by Ord. No. 2024. Amendments noted where applicable.]
As used in this chapter, unless the context clearly indicates
a different meaning, a word shall have the meaning set forth below:
Any residential, rental property or commercial structure located within the Borough of Millvale, whether occupied of unoccupied, as defined in the Zoning Ordinance of the Borough of Millvale, Article XII - Definitions.
[Amended 4-12-2022 by Ord. No. 2809]
Any disorderly or disruptive conduct resulting in some type
of enforcement action, written warning or citation.
[Added 4-12-2022 by Ord. No. 2809]
Any person who alone, or jointly or severally with others,
shall have legal title to any building, structure or property, with
or without accompanying actual possession thereof.
A corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as individuals. Shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person"
is used in any section prescribing a penalty or fine, as to partnerships
or association, the word shall include the partners or members thereof;
as to corporations, it shall include the officers, agents or members
thereof who are responsible for any violation of such section.
Any lot located within the Borough of Millvale, whether the
lot is vacant or has a structure erected thereon.
[Amended 8-9-2005 by Ord. No. 2299; 4-11-2017 by Ord. No. 2584; 4-12-2022 by Ord. No. 2809]
It is hereby deemed that in the event that any nuisance police,
fire or ambulance service calls are dispatched to a particular property
and/or building within a consecutive thirty-day period or less, each
and every nuisance call in excess of three is hereby deemed to be
excessive. This provision shall apply to calls that are responded
to by either the Millvale Borough Police, Fire Department, Ambulance
Service or the police, fire, or ambulance service of a neighboring
community.
[Amended 8-9-2005 by Ord. No. 2299; 12-13-2011 by Ord. No. 2488]
There is hereby imposed a fee of $250 for the first police call
that is deemed to be excessive by this chapter; a fee of $500 for
the second police call that is deemed to be excessive by this chapter;
and a fee of $1,000 for every subsequent police call that is deemed
excessive by this chapter. Said fee is to be paid by the owner of
the property and/or the building in question.
[Amended 4-11-2017 by Ord. No. 2584]
The Borough Police Department, on behalf of the Borough of Millvale,
shall invoice, collect and receive such fees imposed by this chapter,
and shall maintain records showing the amounts and dates such amounts
were received. The Police Department will forward all such fees collected
and a complete accounting thereof to the Borough Secretary. Upon the
occurrence of a third police call occurring within a consecutive thirty-day
period or less, the Borough Police Department shall notify the owner
that the next call will result in imposition of the above fee. Notice
may be served by hand delivery or certified mail, return receipt requested,
to either the owner's residence or owner's address appearing on the
property's real estate tax blotter.
[Amended 12-13-2011 by Ord. No. 2488; 4-11-2017 by Ord. No. 2584; 4-12-2022 by Ord. No. 2809]
Any person who fails to pay the fee imposed by this chapter
within 10 days of the date of the invoice shall be subject to prosecution
and/or a summary proceeding before a Magisterial District Judge under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense that shall be punishable by a fine of not more than $1,000
plus court costs and reasonable attorney's fees paid by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by a summary default of the
fine with penalty imposed and the costs, the defendant may be sentenced
or committed to the Borough lock up for a period not exceeding 10
days or to the county jail for a period not exceeding 30 days. Each
day or a portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense and each section of
this chapter that is violated shall also constitute a separate offense.
