[Ord. 450 (2008-02), 5/21/2008, § 1]
The purpose and intent of this Part is:
[Ord. 450 (2008-02), 5/21/2008, § 2; as amended
by Ord. 490 (2017-05), 10/18/2017]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future and past, words in the plural number include the
singular number, and words in the singular number include the plural
number, words in the feminine, masculine or neuter shall include words
of the other two genders, and the word "shall" is always mandatory
and not merely directory.
Vegetation that is edible or planted for some useful, legal, or ornamental purpose, and grass that is not of a height in excess as that specified in § 5-202, Subsection 1D.
The Borough of Glen Rock, which is located within York County,
Pennsylvania.
The Borough Council of Glen Rock, York County.
Buildings or structures or condition occurring on real property
or structures or buildings that have any or all of the following defects;
and, all such buildings, structures or conditions shall be deemed
"dangerous":
Any building, shed, fence or other structure, occupied or unoccupied,
which due to faulty design or construction, failure to keep such structure
in proper repair, lack of proper sanitary facilities, lack of adequate
lighting or ventilation, inability to heat properly, improper management
or any combination of these factors that as a result thereof has become
or are so dilapidated, decayed, unsafe, blighted, overcrowded, unsanitary
or are likely to cause fire, accidents, injury, or damage, so as to
harm the health, morals, safety, or general welfare of the occupants,
citizens of the Borough, or public at large.
Those that have been damaged by fire, wind, rain, or the elements
so as to become dangerous to the life, safety, and/or health of the
occupants, citizens of the Borough, or the public at large.
Those that have parts thereof that are so attached that they
might fall and injure persons or property, the occupants, the citizens
of the Borough, or the public at large.
Dangerous conditions shall also include any quarry, sinkhole,
accumulation of stagnant water, accumulation of materials, open pits
or excavations or any other feature of any premises which is dangerous
to public health, safety or welfare and which may cause or aid in
the spread of disease or may cause injury to the occupants or any
other persons. Such dangerous conditions within the Borough of Glen
Rock are declared to be a nuisance.
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
A vehicle consisting of a footboard mounted on two wheels
and a long steering handle, propelled by resting one foot on the footboard
and pushing the other against the ground.
Any person under the age of 18 years.
Any vehicle that is self-propelled and any trailer or semi-trailer
designed for use with such vehicles.
A vehicle consisting of a footboard mounted on two wheels
and a long steering handle, propelled by a small motor. This vehicle
is considered a motor vehicle under the Pennsylvania Vehicle Code,
75 Pa.C.S.A. § 101 et seq., and shall be subject to regulations
governing motor vehicles.
Generally defined as the unreasonable, unwarrantable, or
unlawful use of public or private property that causes injury, damage,
hurt, inconvenience, annoyance or discomfort to any person or resident
of the Borough in the enjoyment of his reasonable rights as a person
or in the reasonable use of his property.
Eastern Standard Time, except during such periods as Eastern
Daylight Savings Time may be set as the official time of the Commonwealth
of Pennsylvania by the state or federal law when the latter shall
be the official Borough time.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment; and, whenever
used in any clause or prescribing a penalty the term "operator," as
applied to associations or partnerships, shall include the members
and partners thereof and, as applied to corporations, shall include
the officers thereof.
A person owning, leasing, occupying or having charge of any
property.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any
kind.
Any property held by private interests which is used primarily
for business, commercial, retail, office space, business park, religious,
multifamily or recreational purposes. This shall also include the
sidewalks contained within the private property, parking lots, alleys
and parking facilities for these private property areas.
Any plot, tracts, premises or parcel of land, with or without
improvements thereto, owned or occupied within Glen Rock Borough.
Any property owned or maintained by the Borough of Glen Rock
or any other public entity or public utility within the police power
jurisdictional boundaries of the Borough of Glen Rock including public
streets, highways, road, sidewalk, alley, trail, park, playground,
public building, or lot.
Any footwear or device which may be attached to the foot
or footwear, to which wheels are attached, including wheels that are
in line and where such wheels may be used to aid the wearer in moving
or propulsion.
A vehicle propelled by human power and gravity consisting
of material or portion of material formed in thin firm sheet with
wheels attached to the underside.
Any precipitation depositing any accumulations on the streets
including snow, sleet, hail, ice and freezing rain.
[Ord. 450 (2008-02), 5/21/2008, § 3; as amended
by Ord. 490 (2017-05), 10/18/2017]
1.
Nuisances Declared Illegal.
A.
A person or owner shall not cause, conduct, permit, tolerate, or
otherwise allow any nuisance on property that they own, possess or
exercise control over. Nuisances, including but not limited to the
following, are hereby declared to be illegal:
(1)
Storing or accumulating the following:
(a)
Garbage. Wastes resulting from the handling, preparation, cooking
and consumption of food; wastes from the handling, storage and sale
of produce. It shall be unlawful to place or to permit to remain anywhere
in the Borough any garbage or other material subject to decay other
than leaves or grass, excepting in a tightly covered container; excepting
that a mulch and/or compost heap is permitted, which is properly maintained
for gardening purposes and does not materially disturb or annoy persons
of reasonable sensitivity. Such items may not be maintained and accumulated
on a property in excess of 30 days.
(b)
Refuse/Rubbish. Combustible trash, including paper, cartons,
boxes, barrels, wood, excelsior, tree branches, yard trimmings, leaves,
wood, furniture, bedding, noncombustible trash, including metals,
tin cans, metal furniture, dirt, small quantities of rock and pieces
of concrete, glass, crockery, other mineral waste, street rubbish,
including street sweeping, dirt, catch-basin dirt, and contents of
letter receptacles. Provided, refuse shall not include earth and wastes
from building operations, nor shall it include leaves, cornstalks,
stubble or other vegetable material generated in the course of harvesting
agricultural crops. Except in a covered container, it shall be unlawful
to cause or permit to accumulate any dust, ashes or trash of such
a material that it can be blown away by the wind anywhere in the Borough.
Such items may not be maintained and/or accumulated on a property
in excess of 30 days.
(c)
Ashes. Cooled residue from fire used for cooking and for heating
buildings.
(d)
Junk material including, but not limited to, unused or abandoned
machinery, equipment, appliances, and all forms of waste and refuse
of any type of materials, including scrap metal, glass, industrial
waste and other salvageable materials, unless for resale, that can
be seen from any public highway, road, street, avenue, lane or alley
that is maintained by the Borough, or by the Commonwealth of Pennsylvania.
(2)
Draining or flowing, or allowing to drain or flow, by pipe or
other channel, whether natural or artificial, any foul or offensive
water or drainage from sinks, bathtubs, washstands, lavatories, water
closets, swimming pools, privies, or cesspools of any kind or nature
whatsoever, or any foul or offensive water or foul or offensive drainage
of any kind, from property along any public highway, road, street,
avenue, lane or alley, or from any property into or upon any adjoining
property.
(3)
Draining or flowing, or allowing to drain or flow, any water
or drainage from within a dwelling situate upon property along a public
highway, road, street, avenue, lane, or alley in the Borough into
or upon the cartway or traveled portion for said drainage by means
of a drainage ditch or otherwise.
(4)
Burning of tires, tar products or garbage.
(5)
Permitting any grass or weeds or any vegetation whatsoever not
edible or planted for some useful or ornamental purpose to grow or
remain upon such premises that exceed 10 inches in height.
[Amended by Ord. No. 509, 6/15/2022]
(6)
Permitting or allowing any well or cistern to be, or remain,
uncovered.
(7)
Allowing or permitting any excavation, material excavated or
obstruction on or adjoining any highway, street, or road, to remain
opened or exposed without the same being secured by a barricade, temporary
fence, or other protective materials.
(8)
Any noise or other disturbance that occurs continuously or intermittently
for an extended period, which annoys or disturbs a reasonable person
of normal sensitivities, including, without limitation:
(a)
The loud playing of radios, televisions, amplifiers, and other
sound devices so as to be heard beyond the boundaries of the property
from which that same shall emanate.
(b)
The operation of gasoline powered lawn mowers, chain or electric
sawing, outside construction, excavation, or well drilling before
7:00 a.m., nor after 8:00 p.m., the emptying of dumpsters or other
trash containers before 7:00 a.m.
(9)
Any other activity, conduct, use, or condition of a property
that shall cause annoyance or discomfort beyond the boundaries of
such property, which disturbs a reasonable person of normal sensitivities.
B.
Duty to Serve Notice.
(1)
It shall be the duty of Borough Council to serve or cause to be served a notice upon any owner who is in violation of the provisions of Subsection 1 and to demand the abatement of the nuisance within 20 days. Provided, however, if the violation requires immediate corrective measures, such notice shall require the owner to immediately comply with the terms thereof and demand the immediate abatement of the nuisance. Notice shall be served in one of the following manners:
(a)
By making personal delivery of the notice to the owner.
(b)
By handing a copy of the notice at the residence of the owner
to an adult member of the family with which he resides, but if no
adult member of the family is found, then to an adult person in charge
of such residence.
(c)
By fixing a copy of the notice to the door at the entrance of
the property in violation.
(d)
By mailing a copy of the notice to the last known address of
the owner by certified mail.
(2)
The owner shall not be entitled to written notice pursuant to Subsection 1B(1) for any subsequent or similar violations of Subsection 1 that occur within 365 days of the service of the first notice. The first notice shall be deemed to be ongoing for any violations within that time period, and the Borough may proceed immediately with enforcement.
C.
Penalty for Violation. Enforcement of Subsection 1 of this Part shall be as follows:
(1)
Enforcement thereof shall be by an action before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 454 (relating to trial and summary cases). The Borough Council hereby sets a criminal fine at no less than $100 and no more than $1,000 per violation, plus the costs of prosecution, including reasonable attorneys' fees, and the costs of any removal, repair or alteration as described below in Subsection 1C(2), and, in default of payment of such fine and costs, to undergo imprisonment of not more than 30 days.
(2)
The Borough Council may direct the removal, repair, or alteration
of any nuisance as defined herein, as the case may be, to be done
by the Borough and to certify the costs thereof to the Borough Solicitor,
and the cost of such removal, repairs or alterations, together with
a penalty of 10%, shall be a lien upon such property from the time
of such removal, cutting, repairs and/or alterations, which date shall
be determined by the certificate of the person doing such work, and
filed with the Borough Secretary.
(3)
The Borough, by means of a complaint in equity, may compel the
owner of the property to comply with the tenors of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
2.
Storage of Certain Motor Vehicles Prohibited.
A.
Unlawful to Abandon a Motor Vehicle for Certain Period of Time.
(1)
The storage of certain motor vehicles, as further described in this Chapter 10, Part 1, § 10-103, Subsection 2, of the Glen Rock Borough Code of Ordinances, is hereby declared to be a nuisance. It shall be unlawful for any owner or person to park or store on any street, or in the open on any property, all of the following for a period longer than 15 days:
[Amended by Ord. No. 497, 3/20/2019]
(a)
Any motor vehicle, or the parts thereof, which is not in running
condition, and which is left or stored in the open.
(b)
Any motor vehicle, or the parts thereof, which has been voluntarily
relinquished by its owner, with the intention of terminating his ownership,
possession and control, without resting ownership in any other person.
(c)
Any motor vehicle disabled by reason of an accident.
(d)
Any motor vehicle that is inoperable on public property.
(2)
The failure of any motor vehicle to bear a current state registration
or a current official state inspection emblem shall be prima facie
evidence that such motor vehicle is abandoned under the above provisions
and is violative of this section, except that each property shall
be allowed one motor vehicle having a legal Pennsylvania title for
restoration or hobby purposes and state inspection or registration
tags shall not be required, provided the said vehicle is stored in
the rear yard area, covered or protected by a barricade or fence so
that children cannot play on or around said motor vehicle.
(3)
A motor vehicle shall not be considered abandoned or otherwise
violative of the provisions of this section if it is in an enclosure
as is reasonably calculated to prevent children from playing on or
about such motor vehicle.
B.
Duty to Serve Notice.
(1)
It shall be the duty of Borough Council to serve or cause to be served a notice upon any person who is in violation of the provisions of Subsection 2 and to demand the abatement of the nuisance within 15 days. Notice shall be served in one of the following manners:
(a)
By making personal delivery of the notice to the owner of the
property or the owner of the motor vehicle, which ever is applicable.
(b)
By handing a copy of the notice at the residence of the owner
of the property or owner of the motor vehicle, which ever is applicable,
to a family member for which he resides, but if no adult member of
the family is found, then to an adult person who is in charge of such
residence.
(c)
By fixing a copy of the notice to the door at the entrance of
the residence of the owner of the motor vehicle in violation.
(d)
By mailing a copy of the notice to the last known address of
the owner of the property or the owner of the motor vehicle, which
ever is applicable, by certified mail.
(2)
There shall not be required written notice pursuant to Subsection 2B(1) for any subsequent or similar violations of Subsection 2 that occur within 365 days of the service of the first notice. The first notice shall be deemed to be ongoing for any violations within that time period, and the Borough may proceed immediately with enforcement.
C.
Violations and Penalties.
(1)
If the person so served does not abate the nuisance within 15
days, he shall be guilty of an offense and, upon conviction thereof
before the magisterial district judge, shall be sentenced to a fine
of not less than $100 nor more than $1,000 plus costs of prosecution,
including reasonable attorneys' fees, and in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
D.
Abatement Procedure. If the person served with notice under this
section does not abate the nuisance within 15 days, the Borough Council
may proceed to abate such nuisance, keeping an account of the expense
of the abatement, and such expense of the abatement shall be charged
and collected from said person in a manner provided by law, either
by the filing of a municipal lien or claim by the institution of an
action in assumpsit or by relief by bill in equity. The recovery of
such cost and expense may be in addition to any other penalties imposed
under this section.
3.
Use of Skateboards, Rollerblades, Kick Scooters and Motorized Scooters. The use of skateboards, rollerblades, kick scooters, and motorized scooters in certain situations, as further described in this Chapter 10, Part 1, § 10-103, Subsection 3, of the Glen Rock Borough Code of Ordinances, is hereby declared to be a nuisance.
[Amended by Ord. No. 497, 3/20/2019]
A.
Prohibited Locations. It shall be unlawful to operate any vehicle,
including, but not limited to, motor vehicles and motorcycles, on
or upon any sidewalk or any of park grounds, tennis courts, or recreational
fields owned or operated by the Borough within the Borough.
B.
Prohibited Times. It shall be unlawful for any person to engage in
skateboarding or ride upon, or propel any skateboard, rollerblade,
or kick scooter upon any public thoroughfare, street or sidewalk in
the Borough:
C.
Regulation of Persons Engaged in Skateboarding, Rollerblading, or
Propelling a Kick Scooter to Traffic-control Devices and Regulations.
(1)
A person engaged in skateboarding, rollerblading, or propelling
a kick scooter shall obey the instructions of a police officer or
other Borough designee or representative authorized to direct, control
or regulate traffic.
(2)
A person engaged in skateboarding, rollerblading, or propelling
a kick scooter shall obey traffic and pedestrian control signals as
provided under Pennsylvania Motor Vehicle Code, §§ 3112
(relating to traffic-control signals) and 3111 (relating to pedestrian
control signals), 75 Pa.C.S.A. §§ 3112, 3111.
D.
Right-of-Way to Pedestrians. The person engaged in skateboarding,
rollerblading, or propelling a kick scooter shall yield the right-of-way
to any pedestrian and may not overtake or pass a pedestrian while
riding upon or propelling the skateboard, rollerblades, or kick scooter.
The operator of such skateboard shall dismount from the skateboard
and shall pass or overtake a pedestrian on foot, or wait until the
pedestrian passes, prior to remounting the skateboard.
E.
Right-of-Way to Motor Vehicles. No person engaged in skateboarding,
rollerblading, or propelling a kick scooter shall suddenly leave a
curb, sidewalk, berm or street or any other place of safety and ride
upon or propel any skateboard, rollerblades or kick scooter into or
toward the path of a vehicle which is so close as to constitute a
hazard. Where there are no pedacycle lanes, persons engaged upon skateboarding,
rollerblading, or propelling a kick scooter upon a roadway shall ride
as near to the right of the roadway as practical, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
F.
Ramps and Devices. No person shall place a ramp, half-pipe or other
structure used for skateboarding, rollerblading or propelling a kick
scooter in a public thoroughfare, street, upon a sidewalk or municipal
parking lot within the Borough.
G.
Violations and Penalties. Any person, who shall violate any of the
provisions of this Part shall upon conviction thereof:
(1)
First Offense. The skateboard, rollerblades or kick scooter
used in violation of this Part shall be impounded by the Police Department
of the Borough for a period not exceeding 15 days. If the person violating
this Part is a minor, in addition to the confiscation of the skateboard,
rollerblades or kick scooter as aforementioned, the Borough Police
shall notify the parents, guardian, or other person having legal custody
of said minor of the violation of this Part and the impounding of
the skateboard, rollerblades or kick scooter. In addition, said individual
shall be provided with a copy of this Part.
(2)
Second and/or Subsequent Offense. The skateboard, rollerblades,
or kick scooter of any person violating the provisions of this Part
for the second and/or subsequent time shall be impounded by the Police
Department of the Borough for a period not exceeding 30 days and said
person shall, upon conviction, be sentenced to pay a fine of $15 per
violation and costs. In the event said person is a minor, the skateboard,
rollerblades or kick scooter of said minor shall be impounded by the
Police Department of the Borough for a period not exceeding 30 days
and the parent, upon conviction, be sentenced to pay a fine of $15
and costs for each violation.
H.
Motorized Scooter.
(1)
A motorized scooter that is registered, titled, inspected, and
insured may be operated on the roadways and highways of Pennsylvania.
(2)
A motorized scooter that is unregistered, untitled, uninspected
and/or fails to pass inspection shall only be operated on private
property.
(3)
Penalties and violations are set forth in the Pennsylvania Motor
Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
4.
Curfew.
A.
The violation of curfew, as further described in this Chapter 10, Part 1, § 10-103, Subsection 4, of the Glen Rock Borough Code of Ordinances, is hereby declared to be a nuisance. No minor shall remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:00 a.m.
[Amended by Ord. No. 497, 3/20/2019]
B.
The provisions of this section shall not apply to any minor accompanied
by a parent, or to any minor who is engaged in gainful lawful employment
during the curfew hours.
C.
No parent shall permit any minor to remain in or upon any public
place or any establishment between the hours of 11:00 p.m. and 6:00
a.m., official Borough time.
D.
No operator of an establishment or their agents or employees shall
permit any minor to remain upon the premises of said establishment
between the hours of 11:00 p.m. and 6:00 a.m., official Borough time.
E.
The provisions of this section shall not apply to any operator of
an establishment or their agents or employees with regard to a minor
employed by the operator and engaged in gainful lawful employment
by the operator during the curfew hours.
F.
Enforcement and Penalties.
(1)
Any property owner or Borough official who finds a minor violating
any provisions of section of this Part may obtain information from
such minor as to his name and address, age, and the name of his parent
or parents and file a complaint with the Borough enforcement officer
and/or police. The minor shall thereupon be instructed to proceed
to his home forthwith. The information obtained from the minor shall
be mailed to the parent or parents of the minor advising of the violation
of this Part.
(2)
Any person violating any of the provisions of this Part shall
be subject to the following penalties:
(3)
The above penalties may be collected by suit or summary proceeding
brought in the name of the Borough before any magisterial district
judge. Each day in which such person shall violate the provisions
of this Part shall be deemed as a separate offense.
5.
Snow Removal.
A.
The failure of any citizen or entity to properly remove snow from his sidewalk, as further described in this Chapter 10, Part 1, § 10-103, Subsection 5, of the Glen Rock Borough Code of Ordinances, is hereby declared to be a nuisance. It shall be unlawful for any owner of any property to fail to remove snow from his sidewalk. This subsection shall take effect for snow accumulation of two inches or more within any twenty-four-hour period. The owner of the property shall have a period of 24 hours from when the snow stopped falling to comply with the provisions of this section.
[Amended by Ord. No. 497, 3/20/2019]
B.
No individual shall be permitted to shovel, blow, plow, or otherwise
deposit snow onto any street after the street has been plowed, and
no individual shall shovel, blow, plow, or otherwise deposit or cause
to be deposited snow upon or against any fire hydrant.
C.
Written Notice to Violator Required.
(1)
It shall be the duty of Borough Council to serve or cause to be served a notice upon any person who is in violation of the provisions of Subsection 5 and to demand the abatement of the nuisance within 12 hours. Notice shall be served in one of the following manners:
(a)
By making personal delivery of the notice to the owner.
(b)
By handing a copy of the notice at the residence of the owner
to an adult member of the family with which he resides, but if no
adult member of the family is found, then to an adult person in charge
of such residence.
(c)
By fixing a copy of the notice to the door at the entrance of
the property in violation.
(2)
The owner shall not be entitled to written notice pursuant to Subsection 5(C)(1) for any subsequent or similar violations of this Subsection 5 that occur within 120 days of the service of the first notice. The first notice shall be deemed to be ongoing for any violations within that time period, and the Borough may proceed immediately with enforcement.
D.
Penalty for Violation. Enforcement of Subsection 5 of this Part shall be as follows:
(1)
Enforcement thereof shall be by an action before a magisterial district judge in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Civil Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 454 (relating to trial and summary cases). The Borough Council hereby sets a criminal fine in the amount of $100 per violation, plus the costs of prosecution, including reasonable attorneys' fees, and the costs of any removal, as described below in Subsection 5D(2), and, in default of payment of such fine and costs, to undergo imprisonment of not more than 30 days.
(2)
The Borough Council may direct the removal of the snow as a
nuisance as defined herein, as the case may be, to be done by the
Borough and to certify the costs thereof to the Borough Solicitor.
The cost of such removal, together with a 10% penalty, shall be a
lien upon such property from the time of such removal, which date
shall be determined by the certificate of the person doing such work,
and filed with the Borough Secretary.
(3)
The Borough, by means of a complaint in equity, may compel the
owner of the property to comply with the terms of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
(4)
Each day's continuance of a violation on any provision of this
section shall constitute a separate event.
6.
Dangerous Buildings as Nuisances.
A.
All dangerous buildings are hereby declared to be public nuisances
and shall be repaired, vacated or demolished in accordance with the
terms and conditions of this subsection.
B.
Each day a nuisance in the form of a dangerous building continues
to exist, after notice is given that said dangerous building is to
be repaired, vacated or demolished, shall constitute a separate offense
in violation of this Part.
C.
Standards for Repair, Vacation or Demolition of Dangerous Buildings.
The following standards shall be utilized when remedying dangerous
buildings pursuant to this Part:
(1)
If the dangerous building can be repaired through reasonable
efforts, then it shall be ordered repaired.
(2)
If the dangerous building is in such condition as to make it
dangerous to the health, morals, safety, or general welfare of its
occupants, then it shall be ordered vacated and repaired.
(3)
If the dangerous building cannot be repaired, then it shall
be ordered to be demolished.
(4)
If the dangerous building exists in violation of the terms of
this subsection or any other ordinance of the Borough, ordinance of
the County of York, or Statute of the Commonwealth of Pennsylvania,
then it shall be ordered demolished.
D.
Identification of Dangerous Buildings and Notification of Owner.
(1)
Any official designated by the Borough Council from time to
time (collectively the "enforcement officer") is empowered to enforce
this subsection.
(2)
If a structure or building is reported to the enforcement officer
or the enforcement officer otherwise becomes aware of such a building
or structure, then the enforcement officer shall investigate the building
or structure to determine if it is a dangerous building. If it is
a dangerous building, the enforcement officer shall prepare and serve
upon the owner of such dangerous building an enforcement notice pursuant
to the terms and provisions herein ("enforcement notice").
(3)
The enforcement notice required by this subsection shall be
served in one of the following manners:
(a)
By making personal delivery of the notice to the owner of such
dangerous building.
(b)
By handing a copy of the notice at the residence of the owner
of the dangerous building to an adult member of the family with which
he resides, but if no adult member of the family is found, then to
an adult person in charge of such residence.
(c)
By fixing a copy of the notice to the doors at the entrances
of the dangerous building.
(d)
By mailing a copy of the notice to the last known address of
the owner of the dangerous building by certified mail.
(4)
The owner shall not be entitled to written notice pursuant to
Subsection 6D for any subsequent or similar violations of this subsection
that occur within 365 days of the service of the first notice. The
first notice shall be deemed to be ongoing for any violations within
that time period, and the Borough may proceed immediately with enforcement.
(5)
The enforcement notice shall identify the dangerous building(s),
contain a statement of the particulars that make the building or structure
a dangerous building, and include an order requiring the property
owner or owners to put the dangerous building in such a condition
so as to conform with the terms of this Part.
(6)
In any case where the notice prescribes the repair of any dangerous
building, the owner thereof shall have the option to remove such structure
in lieu of making the repairs thereto within the time period provided.
(7)
If the owner is of the opinion that the enforcement officer's
determination of the structure or building as a dangerous building
is incorrect, then the owner may seek and obtain a verification from
a professional engineer or architect, licensed in the Commonwealth
of Pennsylvania, that the building or structure is either habitable
or structurally sound. Said verification must be obtained and provided
to the enforcement officer within the time period prescribed by the
enforcement notice. The enforcement officer shall review the verification,
and if the enforcement officer deems it acceptable, the enforcement
officer shall consider the owner to be in compliance with this Part
until a change in circumstances.
(8)
Such enforcement notice shall require any owner notified to
commence the work or act required by the notice within 30 days of
the receipt of such notice and to complete such repair no later than
90 days from the receipt of said notice or to complete such vacation
or demolition no later than 60 days from the date of receipt of said
notice.
(9)
The enforcement officer shall cause to be placed on all dangerous
buildings a notice reading substantially as follows: "This building
has been found to be a dangerous building by Glen Rock Borough, York
County, Pennsylvanian. This notice is to remain on this building until
it is repaired, vacated or demolished in accordance with the notice
that has been given to the owner or owners of the building. It is
unlawful to remove this notice until compliance is made under the
terms contained in the notice served upon the previously mentioned
party."[1]
E.
Penalties.
(1)
Any person who shall fail to comply with any enforcement notice
or order to repair, vacate or demolish any dangerous building shall,
upon conviction thereof, before a magisterial district judge, shall
be sentenced to a fine of not less than $100 nor more than $1,000
plus the costs of prosecution, including reasonable attorneys' fees
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
(2)
The fines and penalties provided for herein shall be in addition
to any other such fines and penalties provided for by law.
(3)
Any owner who fails to comply with any notice or order to repair,
vacate or demolish any dangerous building within 30 days of receipt
of such notice, by such failure, does empower the Borough to cause
such building or structure to be repaired, vacated or demolished by
the Borough and to cause the cost of such repair, vacation or demolition,
together with the penalty of 10%, to be charged upon the land upon
which the building exists as a municipal lien, or alternatively to
recover such costs and penalty in a suit at law against the owner.
(4)
As an alternative to effecting the repair, vacation or demolition
of any dangerous building, the Borough may also seek an order from
the Court of Common Pleas of York County, Pennsylvania, which order
shall consist of equitable relief in the form of an injunction requiring
the owner to remedy the condition caused by the dangerous building.
In such case, the Borough may proceed and request equitable relief
without the necessity of posting bond. Moreover, the Borough shall
be entitled to recover all costs incurred, including reasonable attorneys'
fees.
F.
Emergency Cases. In cases where it reasonably appears that there
exists an immediate danger to the life or safety of any person caused
or created by a dangerous building, then the Borough shall cause the
immediate repair, vacation or demolition of such dangerous building.
The costs of such emergency repair, vacation, or demolition of such
dangerous building shall be collected as provided for by this section.
[Ord. 450 (2008-02), 5/21/2008, § 4]
The provisions of this Part shall be enforced by any Glen Rock
Borough official, including, but not limited to, the Mayor, or other
enforcement officer so appointed by the Borough Council, or by any
police officer having authority within Glen Rock Borough.
[Added by Ord. No. 497, 3/20/2019]
If the owner decides to appeal the determination of the enforcement officer pursuant to Chapter 10, Part 1, hereof, then they shall do so within 10 days of their receipt of the enforcement notice by filing a notice of appeal with the Borough Council. Upon receipt of said notice, the Borough Council shall schedule a hearing within not less than 10 and no more than 45 days from the date of such notice. At the hearing, the owner shall offer testimony and evidence relating to the habitability or structural soundness of the building. Within 45 days of the such hearing, the Borough Council shall make written findings of fact from the testimony and evidence offered pursuant to the hearing as to whether or not the building or structure in question is a dangerous building. If the Borough Council determines that a nuisance exists, then it shall order the person or entity that has allowed such nuisance to exist on their property to remedy it within a reasonable amount of time from the date of the decision of the Borough Council, as determined by the Borough Council. As part of such a hearing before the Board, the owner shall be entitled to all due process rights granted to individuals pursuant to the Local Agency Law, 2 Pa.C.S.A. § 751 et seq. Any appeal shall be subject to a fee as may be set by Borough Council from time to time.
