[Ord. 738, 2/10/2004]
1. 
The purposes of this Part are to:
A. 
Safeguard public health, safety and general welfare.
B. 
Preserve the value of property within the Borough of Beaver.
C. 
Protect the municipal tax base by preventing the decline of property values.
[Ord. 738, 2/10/2004]
1. 
The provisions of this Part shall be interpreted according to the following principles:
A. 
Words used in this Part which are not specifically defined in § 6-403 shall have their common or ordinary meanings, as shown by a standard dictionary.
B. 
The various provisions of this Part shall be severable from each other, so that if any provision is finally determined to be illegal or invalid, either generally or in a particular application, the efficacy of the remaining provisions shall not be impaired.
[Ord. 738, 2/10/2004]
As used in this Part, the following words and phrases shall have the meanings specified:
ABANDONED
In a state where use for the designed and intended purpose has ceased. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
A. 
Present operability and functional utility.
B. 
The date of last effective use.
C. 
The condition of disrepair or damage.
D. 
The last time an effort was made to repair or rehabilitate the item.
E. 
The status of registration or licensing of the item.
F. 
The age and degree of obsolescence.
G. 
The cost of rehabilitation or repair of the item in relation to its market value.
H. 
The nature of the area and location of the item.
ABATE
To remedy a condition or activity by removal, repair, replacement, cessation or other appropriate conduct.
BOROUGH
The Borough of Beaver.
BUILDING
A roofed structure enclosed by walls intended for human occupancy or storage of personal property.
GARBAGE
Putrescible animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INOPERATIVE
Not capable of currently functioning in the customary manner because of disassembly, damage, defect or lack of an essential component.
NUISANCE
Any continuing physical condition of, or activity on, property which constitutes a danger to the health or safety of the general public or to the physical integrity, comfortable occupancy or use, or value of adjacent property. The term includes but is not limited to the following:
A. 
Storage in a yard of abandoned or inoperative machinery, equipment, household appliances or furniture.
B. 
Storage in a yard of unregistered and inoperative motor vehicles or vehicle parts.
C. 
Infestation of a structure by termites or carpenter ants.
D. 
A building abandoned for at least 180 consecutive days.
E. 
A tree which is dead or diseased.
F. 
Shrubbery which is diseased.
G. 
Accumulation in a yard of uncontained garbage, rubbish or other waste.
H. 
Accumulation in a yard of combustible material of such quantity or quality as to pose a substantial fire hazard.
I. 
A pool or pools of standing water conducive to the breeding of mosquitoes or other disease-carrying insects.
J. 
Carrying on any building or road construction, excavation or trenching, or the operation of heavy equipment or trucks in connection therewith, at any time on a Sunday or a legal holiday, or on any other day at any time between 7:00 p.m. and 7:00 a.m., without a special permit issued by the Borough Manager. Such a permit shall be issued only if it is shown that the construction work must proceed as a matter of emergency or that it can be carried on in such a manner or place that the public or residents will not be annoyed or disturbed by such construction work.
K. 
Carrying on construction work in such a manner that dust is carried by wind onto adjacent property.
L. 
Washing, tracking or otherwise depositing dirt, mud, stone or other debris upon or onto the pavement of any street without removing the material before 5:00 p.m. of the day on which it was deposited.
M. 
Loud playing of radios, television sets, amplifiers and other sound devices so as to be heard beyond the property from which the sound emanates.
N. 
Operation of power lawn mowers or chain saws on any day before 8:00 a.m. or after 9:00 p.m.
O. 
Operation of model airplanes equipped with gasoline engines on any public street or on any public ground, including any playground or park.
P. 
Production of offensive odors or noxious gases or fumes perceptible beyond the property on which generated.
OCCUPANT
The person occupying or using a property.
OWNER
The person having legal title to a property.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, government unit or agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this Part prescribing a fine, imprisonment or civil penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROPERTY
Any lot or parcel of land within the Borough.
RUBBISH
Combustible and noncombustible waste materials, except garbage.
STRUCTURE
Anything constructed or built on or affixed to property, including but not limited to buildings, walls and fences.
WASTE
Any garbage, rubbish or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments. The term does not include source-separated recyclable materials.
YARD
The open space on a lot or parcel of land.
[Ord. 738, 2/10/2004]
It is unlawful for any person to create, maintain or permit to exist any nuisance within the Borough.
[Ord. 738, 2/10/2004]
1. 
The owner of a property shall be deemed responsible for its condition and the activity thereon, even if not in occupancy thereof. Any agreement between an owner and a tenant or other occupant regarding the condition of and/or activity on the property shall not affect the application of this Part to the owner.
2. 
The occupant of a property shall likewise be deemed responsible for its condition and the activity thereon. Any agreement between an occupant and the owner regarding the condition of and/or activity on the property shall not affect the application of this Part to the occupant.
3. 
If a property has more than one owner, each owner shall be deemed responsible for the condition of the property and the activity thereon and shall be subject severally to the provisions of this Part.
4. 
If a property has more than one occupant, each occupant shall be deemed responsible for the condition of the property and the activity thereon and shall be subject severally to the provisions of this Part.
[Ord. 738, 2/10/2004]
1. 
The Code Enforcement Officer shall conduct property inspections on a regular basis to determine whether any nuisance exists.
2. 
Whenever an inspection discloses that a nuisance exists, the Code Enforcement Officer may either commence a criminal proceeding, issue an enforcement notice, or both. The enforcement notice shall:
A. 
Be in writing;
B. 
Include a statement of the reason(s) it is being issued;
C. 
State a reasonable time to abate the nuisance; and
D. 
Be served upon the owner and or occupant.
3. 
An enforcement notice shall be sent by certified mail, return receipt requested, to the last known address of the owner and occupant. If the mailing is returned with the notation as refused or unclaimed, the notice shall be conspicuously posted on the subject property, and service shall be deemed to have occurred upon such posting.
[Ord. 738, 2/10/2004]
1. 
Any person affected by an enforcement notice may request a hearing on the matter before the Borough Council by delivering to the Borough Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within 10 days after the date the notice was served. Upon receipt of such petition, the Borough Secretary shall set a time and place for the Council hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed.
2. 
After such hearing, the Council shall either sustain, modify or withdraw the notice. If the Council sustains or modifies such notice, it shall be deemed to be an order. Any enforcement notice served pursuant to this Part shall automatically become a final order if a written petition for a hearing is not filed with the Borough Secretary within 10 days after such notice is served.
3. 
Any aggrieved party may appeal the final order to the Court of Common Pleas in accordance with the provisions of the Judicial Code.
[Ord. 738, 2/10/2004]
1. 
Offense defined.
A. 
Any person who violates § 6-404 of this Part is guilty of a summary offense.
B. 
Each day a violation is continued shall be deemed a separate offense.
2. 
Penalties. A person convicted of an offense under this section shall be sentenced to pay a fine of not less than $200 nor more than $600, plus all costs of prosecution, or, in default of payment, to undergo imprisonment for not less than 10 nor more than 30 days.
[Ord. 738, 2/10/2004]
1. 
In addition to the criminal penalties provided for § 6-408 above, the Borough shall have the right to abate the nuisance if the responsible person refuses or fails to do so. In so acting, employees or contractors of the Borough shall have the authority to enter the subject property.
2. 
In addition to the criminal penalties provided for in § 6-408 above, the Borough shall have the right to obtain equitable relief by a civil action in court.
3. 
All remedies of the Borough pursuant to state law and this Part shall be nonexclusive and cumulative, so that the pursuit of any particular course of action shall not constitute an election of remedies. Remedies may be pursued simultaneously or consecutively and in such number or order as the Borough sees fit.
[Ord. 738, 2/10/2004]
1. 
The Borough shall be entitled to recover from the person or persons responsible for a nuisance all expenses paid or incurred by the Borough relating to the abatement thereof and the enforcement of this Part. Such expenses shall include but not be limited to:
A. 
Costs of inspections or investigations.
B. 
Costs of preparing and mailing notices, orders or other documents.
C. 
Costs of abatement.
D. 
Attorneys' fees relating to preparation for and attendance at any legal proceedings.
E. 
Court costs.
F. 
An additional amount of 10% of the total of all other expenses, as a penalty.
2. 
Such costs shall be collected by the Borough in the manner provided by state law for the collection of municipal claims, or by a civil court action, as the Borough may see fit.