The Borough Council hereby finds that disruptive properties
place a substantial unacceptable threat and burden on the common health,
safety and welfare of the residents of the Borough of Baden. To this
end, the Borough Council hereby authorizes and directs the Borough
Secretary, or his/her designee ("Secretary"), as provided in the following
sections, to charge the cost of law enforcement resulting from authorities
being called to a disruptive property to the property owner and/or
occupants in order to deter repeated violation of state and local
law and to pursue misdemeanor charges against the occupant of a disruptive
property when disruptive activity (as defined herein) remains unabated
over an unreasonably long period of time. Nothing in this article
is intended to deter individuals within the Borough from requesting
public safety services when they are in legitimate need of such.
If, after a property has been declared a disruptive property pursuant to the provisions of this article and no appeals pursuant to §
135-19 remain pending, the Borough's Department of Public Safety is called upon to respond to disruptive activity occurring at the property on three separate occasions within a one-year time period following the declaration of disruptive property, such property is hereby deemed to be a public nuisance, which may result in the filing of misdemeanor charges against the occupant(s) of the disruptive property, as may be applicable by the provisions of the Pennsylvania Crimes Code.
The declaration of a disruptive property or the charging or
assessment of costs by the Borough on a property under this article
does not affect or limit the Borough's right or authority to
bring criminal prosecution or other legal action against any person
for violation of the Baden Code of Ordinances.