[HISTORY: Adopted by the Borough Council of the Borough of
Masontown 8-9-2016 by Ord. No. D-5-8-9-2016, approved 8-9-2016. Amendments
noted where applicable.]
As used in this Chapter, certain terms are defined as follows:
Borough of Masontown.
A lot, plot or parcel of land including any structures thereon.
Stagmint water in pools in which mosquitos, flies or other
insects may multiply, including, but not limited to, open containers,
sewage, lagoons, ditches, roof gutters, wheelbarrows, bird baths,
ornamental pools, swimming pools, vegetation weeds, and grass in excess
of eight inches in height (except as may be otherwise provided in
wetlands and environmental ordinances and statutes).
That which is built or constructed or a portion thereof.
Any person, firm, partnership or corporation having legal
title or equitable interest in a structure and/or premises as recorded
in the official records of the state, county or municipality; or guardian
of the estate of any such person, or the executor. or administrator,
of the estate of such person if in possession of real property as
a fiduciary or heir.
Any stagnant water pool:
It shall be unlawful for any titled owner to permit or maintain
a stagnant water pool upon any premises or structure as defined herein
in the Borough and upon conviction for a violation thereof shall be
subject to the penalties provided under this chapter.
The Borough Code Enforcement Officer or other designee shall
enforce this chapter.
A.
Whenever a violation of this chapter is found or believed .to exist,
the Enforcement Official shall give written notice to the titled owner
personally, or by mail addressed to his/her last known address, or
by posting said written notice thereof upon the premises involved.
B.
Required notice shall identify the premises, specifically state the
reason why notice is being issued with relevant section(s) of the
chapter, include a correction order allowing a reasonable time to
achieve compliance with this chapter, and set forth that any appeal
must be in writing to the Borough Secretary, within the time set forth
for compliance. Failure to timely request an appeal in writing will
be deemed a waiver of the appeal.
Upon failure, neglect or refusal of any titled owner to comply
with any and all applicable sections of this chapter, the Enforcement
Official is authorized to prepare appropriate work orders for performance
of work by authorized Borough employees or contracted workers to effect
compliance and abatement of any nuisance on the subject premises,
including entry onto private property. After said compliance work
is completed, statements for work performed shall be prepared by the
Borough Secretary. Said statements shall indicate the description
of the premises, titled owner, the cost of work performed, administrative
charge, disposal costs, and all other costs, if any, shall be filed
as a lien against the premises affected, and such lien shall continue
in force until the full amount thereof, together with interest at
the rate of 6% per annum, is paid in full.
In addition to the lien provided for herein, whoever violates
or fails to comply with the provisions of this chapter shall be, upon
conviction thereof, sentenced to pay a fine not less than $600, nor
more than $1,000, plus costs and restitution as determined for work
performed and charges assessed and/or paid by the Borough, and in
default of payment of said fine, costs and restitution, to a term
of imprisonment not to exceed 30 days. All fines, restitution and
Borough charges imposed and collected under the provisions of this
chapter shall be paid to the Borough. Each day that an offense/violation
continues shall constitute a separate offense/violation.
