[Adopted by Ord. No. 11-8-82E]
47.1.1.
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.
47.2.1.
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.
47.3.1.
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.
47.4.1.
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.
47.5.1.
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.
47.6.1.
The notice aforementioned shall be served personally or by certified
or registered mail and shall contain the following.
1.
The name and address of the person to whom or to which it is directed.
2.
The dates and conditions under which the nuisance or conduct was
observed.
3.
The date upon which the Council declared the conduct or condition
to be a public nuisance.
4.
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.
5.
A direction to abate the nuisance within 10 days of the receipt of
the notice.
6.
A designation of the penalties or remedies which may be imposed or
employed hereunder in case of default.
7.
A copy of the Council's resolution.
47.7.1.
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.
47.8.1.
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.
47.9.1.
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.
47.10.1.
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:
47.11.1.
Any ordinance or parts of ordinance conflicting with the provisions
of this ordinance, except as provided in 47.10 above, be and the same
are hereby repealed to the extent of such conflict.
