107.7. Notice to Abate Health Hazard or Public Nuisance. It shall be the duty of the Code Official to cause a notice to be
served upon the owner or occupant of any premises whenever property
is maintained so as to constitute a health hazard or a public nuisance
and to require abatement of the health hazard or public nuisance within
five business days from the date of service of such notice or such
other time period as may be set forth in the notice. Service of such
notice shall be as provided in Section 107.3.
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107.7.1. Performance of Work Upon Noncompliance with Notice. In the event that the owner or occupant shall refuse or neglect
to abate such health hazard or public nuisance within the time period
as required by such notice, or in the event that the owner or occupant
shall perform action necessary to eliminate the health hazard in a
negligent or incomplete fashion, the Code Official may cause such
condition to be eradicated and/or removed, or take action necessary
to eliminate such health hazard or nuisance of which the owner or
occupant has been notified, keeping an account of the expenses of
inspecting the premises, service of notice and abating the health
hazard and nuisance. All such costs and expenses shall be charged
to and paid by the owner or occupant.
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107.7.2. Collection of Costs. All costs and expenses
the Borough incurs in the abatement of such health hazards and public
nuisances shall be a lien upon the premises, and whenever a bill therefor
remains unpaid after it has been rendered, the Borough Solicitor shall
file a municipal claim and/or civil action for such costs and expenses,
together with a penalty of 25% of the costs and expenses, and for
allowable attorneys' fees, in the manner provided by law for
the collection of municipal claims and/or the filing of civil actions.
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107.7.3. Service Fees for Reoccurring Violations. When a property has been declared a public nuisance due to refuse
accumulation, insect, vermin or rodent infestation, lack of required
utilities, facilities, equipment or other property maintenance violations,
deemed a detriment to the occupants of a property or the public at
large and/or causing a blighting condition, the Code Official will
notify the responsible party. In the event of a reoccurrence of the
violation, a service charge established by Borough Council by ordinance
or resolution will be assessed against the responsible party. Repeat
offender service fees shall be payable to the Borough within five
business days of receipt of the Borough invoice setting forth the
service fee. Failure to timely pay said fee will result in the Borough
instituting appropriate action against the offender to recover both
the service fee and any related administrative fees.
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107.7.4. Public Safety Official Notice and Quick Ticket
Procedures. In addition to other enforcement mechanisms available
to the Borough under this code, the Code Official is authorized to
issue public safety official notices for property maintenance code
violations and quick tickets for violations regarding high weeds and
grass, garbage, rubbish and animal feeding and/or waste. The Code
Official may issue a quick ticket in addition to or in lieu of issuing
a notice of violation. The quick ticket penalties for the above-referenced
violations shall be payable within five business days. Repeat offenders
shall be subject to additional penalties. Failure to pay the quick
ticket within five business days may result in a summary citation
being issued through the local Magisterial District Judge's office.
Borough Council shall approve quick ticket forms and penalty amounts
by resolution.
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302.5. Rodent and Wild Animal Harborage and Infestation. All structures and exterior property shall be maintained in a manner
to prevent rodent and wild animal harborage, feeding, and infestation.
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302.5.1. Where rodents are found, they shall be
promptly exterminated by approved processes which will not be injurious
to human health. After extermination, proper precautions shall be
taken to eliminate rodent harborage and prevent reinfestation.
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302.5.2. No occupant of a property shall attract
or feed wild and/or stray domestic animals, including, but not limited
to, stray cats, stray dogs, skunks and squirrels. Nothing contained
herein shall prohibit occupants from feeding birds using bird feeders
or other receptacles. In connection with the feeding of wild birds,
this prohibition shall include scattering, broadcasting, dropping
or placing any corn, seeds, feed or bread on the ground, deck, or
any surface not used as recognized common bird feeders. This prohibition
shall include the feeding of any wild and/or stray domestic animals,
recognizing that skunks, raccoons, groundhogs, and similar wild animals
will be attracted by the placement of a food source in the exterior
of a premises not within a bird feeder.
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302.8. Vehicles. Except as provided in other regulations,
the parking and storage of motor vehicles, including but not limited
to automobiles, buses, vans, trucks, recreational vehicles, and trailers,
shall be limited as provided herein.
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302.8.1. Licensed and Inspected Vehicles. Vehicles
which have a current license and inspection may be stored upon a premises
in accordance with the requirements of the Borough Zoning Ordinance
and other applicable ordinances and regulations unless such vehicles
are hazardous vehicles as defined herein.
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302.8.2. Unlicensed or Uninspected Vehicles. Vehicles
which do not have both a current license and a current inspection
may be stored within a completely enclosed structure on any premises.
Unlicensed or uninspected vehicles shall not be stored outside of
a completely enclosed structure on a premises for more than 30 days.
The Code Official and/or the Police Department may order the removal
of an unlicensed or uninspected vehicle using the procedure set forth
in Section 302.8.3.
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Exceptions: The operator of a motor vehicle towing or repair
establishment shall be permitted to store unlicensed or uninspected
motor vehicles for a period of not more than 90 days, and operators
of agricultural operations shall be permitted to store unlicensed
or uninspected agricultural vehicles which are part of an active agricultural
operation.
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302.8.3. Hazardous Vehicles. No person who owns
a hazardous vehicle shall park, place, deposit or permit the parking,
placement or depositing of the hazardous vehicle on any property.
No property owner shall permit any hazardous vehicle to remain on
a premises. If any hazardous vehicle is parked or placed upon a premises,
the Code Official and/or the Police Department shall notify the owner
or occupant of the premises of the duty to remove the hazardous vehicle.
The Code Official and/or the Police Department shall post upon the
hazardous vehicle in a conspicuous place a notice directing the removal
of the hazardous vehicle within five business days. Should the vehicle
not be removed, the Code Official and/or the Police Department shall
serve a second notice which shall be in writing and shall provide
a time limit not to exceed five business days within which the hazardous
vehicle has to be removed. Said notice shall be served as provided
in Section 107.3 herein and shall additionally be posted upon the
hazardous vehicle. If the owner of the premises fails to remove the
hazardous vehicle, the Borough may take action to abate the health
and/or safety hazard resulting from the hazardous vehicle in the manner
provided in Sections 107.3.2 and 107.3.3 herein.
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