[Adopted by Ord. No. 11-8-82E]
It shall be unlawful for any person(s), firm(s), corporation(s), association(s), municipal or quasi-municipal corporation(s) or other entity(s) (all hereinafter called "person"), either singularly or jointly, to carry on any conductor allow any condition to exist on public or private property owned, leased, occupied or controlled by such a person within the Municipality of Bethel Park, which constitutes a danger or hazard to the health, safety, tranquility, comfort or welfare of the community, thereby constituting a nuisance, where, pursuant to the procedures hereinafter provided, the Council of the Municipality of Bethel Park has declared said conduct or said condition to be a public nuisance.
The Council of the Municipality of Bethel Park, or its delegates, shall have the power to review any conduct or condition maintained or carried on, on public or private property by any person to determine if said conduct or condition constitutes a public nuisance.
The Council of the Municipality of Bethel Park, and its duly constituted agents and other municipal officers and employees shall have the power to enter upon and into any private grounds or structures for the purpose of reviewing any condition or conduct to determine whether a public nuisance exists; provided, however, that where a legitimate expectation of privacy exists, no agent shall enter onto private property without the consent of the owner or occupier thereof in the absence of a search warrant duly issued by a District Justice.
The power of the Council of the Municipality of Bethel Park relative to the declaring of conditions or conduct to be public nuisances shall be exercised in the following manner: investigate, or cause to be investigated, all complaints of activity or conditions constituting a public nuisance as described in "nuisances prohibited" section. In all cases where the matter under review involves any continuing conduct on the part of any person, Council shall direct the Municipal Manager or his designee to witness the conduct on at least three separate occasions and on different dates, and to render a written report to the Council concerning the conduct and its continuing nature.
Where, after review of the Manager's report and any other facts available to it, the Council, based upon these facts, determines that the condition or conduct under review constitutes a public nuisance, then it shall, by proper motion, declare said condition or conduct to be a public nuisance, stating in its resolution the specific findings of fact upon which its determination is based, and direct the Municipal Manager in the manner hereafter provided to notify the owner of the premises or person carrying on the conduct or allowing the condition to exist, or both, as the case may be, to abate said public nuisance within 10 days of the receipt of said notice under penalty or suit as provided herein.
The notice aforementioned shall be served personally or by certified or registered mail and shall contain the following.
The name and address of the person to whom or to which it is directed.
The dates and conditions under which the nuisance or conduct was observed.
The date upon which the Council declared the conduct or condition to be a public nuisance.
A description of the condition or conduct declared to be a public nuisance sufficient to allow the person to identify the public nuisance to be abated.
A direction to abate the nuisance within 10 days of the receipt of the notice.
A designation of the penalties or remedies which may be imposed or employed hereunder in case of default.
A copy of the Council's resolution.
After notice as herein provided and upon default of the person thereof in the complete abatement of the public nuisance, the Council may direct the Municipal Manager to abate said public nuisance and collect the cost of abatement or removal from the person so notified in the same manner as like debts are by law presently collectable.
Any person violating this ordinance by failing to abate, after due notice, any nuisance determined hereunder shall, upon conviction in summary proceedings, pay a fine of not less than $50, nor more than $250. Each day that the public nuisance exists after notice and the expiration of the ten-day abatement period shall constitute a separate violation.
Where multiple owners, lessees or occupiers or any combination thereof exist, the responsibility of abatement is joint and several, and it shall be no defense to any ordinance violation citation or collection proceeding that another was responsible for the public nuisance; provided, however, that such a person received notice as required in 47.6 above and provided further that such a person shall not be liable if he has legal action necessary to abate said nuisance or to remove the person responsible for the nuisance from the property.
The remedies provided in this ordinance are cumulative and are not intended to repeal or replace any ordinance prohibiting any specific nuisance previously or hereafter enacted by this Council, and provided further that this ordinance shall not repeal or affect in any manner whatsoever the following ordinances, as amended: