Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms or phrases shall have the
following meanings:
BOROUGH
The Borough of Ephrata, Lancaster County, Pennsylvania.
BOROUGH MANAGER
For purposes of this chapter, the individual appointed by
the Council of the Borough pursuant to the provisions of § 1141
of the Borough Code or his or her designee; the Manager.
CONTROL
The ability to regulate, restrain, dominate, counteract or
govern property, or conduct that occurs on a property.
COST OF ABATEMENT
The reasonable costs of abatement of one or more of the infractions set forth in §
218-3 of this chapter and as calculated by the Borough Manager, and shall include, but not be limited to, actual costs and/or actual expenses incurred to abate the infraction and associated property inspections. No such costs shall be assessed for any public safety services. The failure to pay any cost imposed upon the property owner shall constitute a lien against the property and may be enforced and/or collected as provided by law.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, possession of drug
paraphernalia or giving away of any controlled substance as defined
by state law.
ENFORCEMENT OFFICER
Any sworn or nonsworn code enforcement officer or official
of the Borough of Ephrata who has been designated or assigned the
duties of code enforcement for the Borough of Ephrata and any assistant
or deputy thereof, and including any authorized member or officer
of the Borough Police Department or other law enforcement organization
having appropriate jurisdiction.
INVITEE
A person on the property with the actual or implied consent
of the occupant, tenant, owner or person responsible.
NUISANCE ACTIVITY
Any nuisance as defined by state law or local ordinance occurring on, around or near a property, including, but not limited to, violations of the laws and regulations set forth in §
218-3 of this chapter. For purposes of this chapter, "nuisance activity" shall not include conduct where the person responsible is the victim of abuse, a victim of a crime and had no control over the criminal act or conduct committed by a person having no association with the property by acquaintance with, relation to or expressed or implied invitation from the owner, occupant, person responsible, operator or agent of the property.
NUISANCE PROPERTY
Property on which combinations of three or more nuisance
activities occur or exist during any consecutive twelve-month period.
OCCUPANT/TENANT
An individual who resides on the property, whether or not
as the owner, with or without a written lease.
PERSON
Any natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization, or the manager,
lessee, agent, officer or employee of any of them; whenever used in
any clause prescribing and imposing a penalty, "person" includes the
individual members, partners, officers and managers or any of them
of partnerships and associations and, as for corporations, the officers
and managers thereof or any of them and any officer, employee, department,
agency or instrumentality of a state or any political subdivision
of a state.
PERSON ASSOCIATED WITH
Any person who, whenever engaged in any infraction, is physically
present at the subject property, enters, patronizes, or attempts to
enter, patronize, or visit, or waits to enter, patronize, or visit
a property or person present on a property, including any officer,
director, customer, agent, employee, or independent contractor of
the record owner of the subject property.
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
May be used by this chapter interchangeably and unless otherwise
defined, any person who has titled ownership of the property or structure
which is subject to this chapter, an occupant in control of the property
or structure which is subject to this chapter, a developer, builder,
or business operator or owner who is developing, building or operating
a business on the property or in a structure which is subject to this
chapter and/or any person who has control over the property and allows
a violation of this chapter to continue.
PREMISES AND PROPERTY
May be used by this chapter interchangeably and means any
public or private building, lot, parcel, dwelling, rental unit, real
estate or land or portion thereof, including property used as a residential
or commercial property; a parcel of real estate, improved or unimproved,
including, but not limited to, a house, room, apartment, building,
garage, structure or other property or any part of any of the foregoing.
PROPERTY OWNER
Any person or business entity listed as the record owner
of any property within the boundaries of the Borough of Ephrata as
set forth in the records of the Office for the Recording of Deeds
in and for Lancaster County, Pennsylvania.
RENTAL UNIT
Any structure or that part of a structure, including, but
not limited to, a single family home, room or apartment, which is
rented to another and used as a home residence, or sleeping place
by one or more persons.
The provisions of this chapter shall be enforced by the sworn
and nonsworn code enforcement officers and officials of the Borough
of Ephrata and any authorized member or officer of the Ephrata Borough
Police Department or other law enforcement organization having appropriate
jurisdiction.