[HISTORY: Adopted by the Borough Council of the Borough of
Avalon as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2010 by Ord. No. 1330]
As used in this article, unless the context clearly indicates
a different meaning, a word shall have the meaning set forth below:
Any structure located within the Borough of Avalon, whether
occupied or unoccupied.
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.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit, as well as individuals. This
definition shall also include an executor, administrator, trustee,
receiver or any other representative appointed according to law. Whenever
the word "person" is used in any section prescribing a penalty or
fine, as to partnerships or associations, 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 Avalon, whether the
lot is vacant or has a structure erected thereon.
It is hereby deemed that in the event two calls are dispatched
to a particular property and/or building within a consecutive thirty-day
period or less, each and every call in excess of two is hereby deemed
to be excessive. This provision shall apply to calls that are responded
to by either the Avalon Borough police or the police of a neighboring
community.
There is hereby imposed a fee of $100 for each and every police
call that is excessive. Such fee is to be paid by the owner of the
property and/or building.
The Borough Police Department on behalf of the Borough of Avalon
shall invoice, collect, and receive such fees imposed by this article,
and it 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 the second 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who fails to pay the fee imposed by this article
within 10 days of the date of the invoice shall, upon being found
liable therefor, pay a fine of not more than $600, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. If the penalty is not paid, the Borough shall
initiate a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this article
in equity in the Court of Common Pleas of Allegheny County.
