[Adopted 3-20-2013 by Ord. No. 923]
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.
A.
Disruptive activity shall be any form of conduct, action, omission,
incident or behavior perpetrated, caused or permitted on a property
by the owner(s), tenant(s), occupant(s) or their invitee(s) of the
property, which constitutes a violation of any of the following ordinances
of the Borough of Baden or statutes of the Commonwealth of Pennsylvania:
(1)
Any public order offense relating to: soliciting business, noise
control, unlicensed alcohol or liquor sale, or alcohol or liquor consumption
on streets or sidewalks; or 18 Pa.C.S.A. § 5501 (riot),
18 Pa.C.S.A. § 5502 (failure to disperse), 18 Pa.C.S.A.
§ 5503 (disorderly conduct), 18 Pa.C.S.A. § 5505
(public drunkenness), 18 Pa.C.S.A. § 5506 (loitering), 18
Pa.C.S.A. § 5512 (lotteries), 18 Pa.C.S.A. § 5513
(gambling devices, gambling), or 18 Pa.C.S.A. § 5514 (pool
selling and bookmaking); or 18 Pa.C.S.A. § 4304 (endangering
the welfare of children), 18 Pa.C.S.A. § 6110.1 (possession
of firearm by minor), 18 Pa.C.S.A. § 6301 (corruption of
minors), 18 Pa.C.S.A. § 6308 (purchase, consumption or possession
of alcoholic beverages), 18 Pa.C.S.A. § 6310 (inducement
to buy alcoholic beverages), 18 Pa.C.S.A. § 6310.1 (selling
or furnishing alcoholic beverages to minors), 18 Pa.C.S.A. § 6310.7
(selling or furnishing nonalcoholic beverages to minors) or 18 Pa.C.S.A.
§ 6319 (solicitation of minors to traffic drugs) of the
Pennsylvania Crimes Code;
(2)
Any firearms or other weapons offense under the Baden Code of Ordinances
or the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. § 6101
et seq.;
(3)
Any violation related to the maintenance of a property free from
noxious weeds, excessively high grass and refuse under the Baden Borough
Code of Ordinances;
(4)
Any public decency offenses under the Baden Borough Code of Ordinances
or 18 Pa.C.S.A. § 5901 (open lewdness), 18 Pa.C.S.A. § 5902
(prostitution), 18 Pa.C.S.A. § 5903 (obscene and other sexual
materials and performances), or 18 Pa.C.S.A. § 5904 (public
exhibition of insane or deformed person);
(5)
Any offense against property under the Baden Borough Code of Ordinances;
(6)
Any sanitation violation of the garbage/rubbish collection ordinances
of the Borough of Baden or 18 Pa.C.S.A. § 6501 (scattering
rubbish);
(8)
Any violation of the Pennsylvania Controlled Substance, Drug, Device
and Cosmetic Act, 35 P.S. § 780-101 et seq.
B.
When the Secretary determines that the owner(s), tenant(s) or occupant(s)
of a property, or any person present at a property with the permission
and knowledge of the owner(s), tenant(s) or occupant(s), has either
been arrested or issued a citation or summons for disruptive activities
occurring on the property on three separate occasions within any 180-day
period, the Secretary may declare the property to be a disruptive
property and proceed with the notice and enforcement procedures set
forth in this article.
[Amended 11-20-2013 by Ord. No. 928]
C.
For rental properties containing six or more rental units, each individual
rental unit shall be considered a "property" for purposes of enforcement
of this article, thus requiring that three separate citations, summonses
and/or arrests for disruptive activity must be made involving the
same rental unit in order to declare the individual rental unit a
disruptive property. Any occurrence of disruptive activity in the
common area or curtilage of a rental property shall be charged to
the specific rental unit that the actor occupies and not the property
in whole.
D.
After a property has been declared a disruptive property, if law
enforcement authorities are not called upon to respond to any disruptive
activities for a period of 12 consecutive months, then the property
will no longer be classified as a disruptive property.
E.
Any citation, summons or arrest for disruptive activity perpetrated by a tenant who is already in the process of being evicted shall not count towards the declaration of a disruptive property pursuant to Subsection B above, provided that the property owner can prove that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the tenant.
A.
The Secretary shall provide written notice to the owner of any property
at which a citation, summons or arrest has been made for a disruptive
activity. A separate notice shall be provided to the property owner
for each citation, summons or arrest made for a disruptive activity
occurring on a property.
B.
The notice identified in Subsection A shall be deemed to be properly delivered if sent either by first-class mail to the property owner's registered address or, if unavailable, to the property owner's last-known address or as may be found in public records, or if delivered in person to the property owner or left at the property owner's usual place of abode in the presence of a competent member of the family at least 18 years of age or a competent adult residing there. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential disruptive property and a copy of the notice is sent via first-class mail to the last-known address of the property owner.
C.
The notice required by Subsection A shall contain the following information:
(1)
The street address or legal description sufficient for identification
of the property;
(2)
A description of the disruptive activity and the date on which the
citation, summons or arrest was made;
(3)
A statement that the property is declared as a disruptive property
or, if the property has not yet been declared a disruptive property,
a statement of the number of subsequent citations, summonses and/or
arrests for disruptive activity which will result in such a declaration;
(4)
If the property has been declared a disruptive property, a statement
that the occurrence of any subsequent disruptive activity at this
property within six months following the date of the notice may result
in the property owner being charged with the costs of the administrative
and law enforcement actions taken by the Borough in response to the
disruptive activity;
(5)
Notice of the property owner's rights to appeal pursuant to § 135-9 of this article and to obtain, upon written request for such, copies of all documentation supporting the Secretary's determination that disruptive activity has occurred at the property; and
(6)
A statement that the property owner shall, within 10 days of the
date of the notice, respond to the Secretary in writing stating either:
D.
Any reference to "Secretary" in the within article shall also include
the Secretary's designee.
[Added 11-20-2013 by Ord.
No. 928]
A.
Within 15 business days of service of the notice of a disruptive property, the property owner may submit, in writing, a plan to the Secretary by which the property owner proposes to prevent further disruptive activities from occurring at the property. The time period for implementation of any proposed plan shall not exceed 60 days from the date of submission. The Secretary shall, within 15 business days of receipt of said proposal, either approve or disapprove of the proposal and provide the property owner with written notice of his/her decision. The denial of a plan by the Secretary may be appealed by the property owner pursuant to § 135-19. It shall be deemed a violation of the within article if the property owner fails to timely comply with an approved written plan of prevention.
[Amended 11-20-2013 by Ord. No. 928]
B.
If the Secretary determines that any subsequent disruptive activity occurred within six months after a property was declared a disruptive property, and the property owner failed to file either an appeal of the declaration pursuant to § 135-19 or an approved plan to abate the disruptive property pursuant to Subsection A above, the property owner and/or occupant may be assessed all costs incurred by the Borough in providing public safety services to the property in response to the subsequent disruptive activity. Within 30 days of the Borough incurring any costs set forth in this subsection, the Secretary shall present the property owner with a written demand for payment containing a description/summary of all costs incurred by the Borough and a notice that the property owner has the right to appeal the demand pursuant to § 135-19. The written demand shall be delivered to the property owner and/or occupant in accordance with § 135-17. Failure to pay any such costs of providing public safety services to the property shall be cause for the Borough to file either, or both, an in rem judgment against the property or an in personam (personal) action against the property owner(s) for recovery of the costs incurred by the Borough.
C.
Costs of providing public safety services shall be determined based
on the time required to respond to the disruptive activity multiplied
by an hourly rate based upon the wages and benefits of the public
safety employee, dispatch costs, vehicle and equipment costs, and
supervisory and administrative costs. The hourly rate may be adjusted
based on the number of public safety employees required to respond
to the disruptive activity.
D.
The Borough shall not assess any costs of providing public safety services to a property unless/until a final determination has been made by the Board on any appeal filed by the property owner pursuant to § 135-19, or the property owner has failed to successfully implement a plan approved by the Secretary pursuant to Subsection A above.
A.
Any property owner who receives a notice of the issuance of a citation,
summons or arrest for a disruptive activity at his/her property, a
notice declaring his/her property a disruptive property, or a notice
demanding payment for costs of providing public safety services to
a disruptive property, may, within 15 business days of the service
date of the notice, appeal the notice to the Disruptive Property Appeals
Board pursuant to this article. The Board shall conduct a hearing
and render a decision in accordance with Borough ordinances and regulations
governing its conduct and procedure. The property owner may prevail
on appeal of any notice if the owner demonstrates that:
(1)
He/she was not the owner at the time of any of the disruptive activity
that was the basis of the notice;
(2)
He/she had knowledge of the disruptive activity but promptly and
vigorously took all actions necessary to prevent the occurrence of
future disruptive activity; or
(3)
He/she had no knowledge of the disruptive activity and could not,
with reasonable care and diligence, have known of the activity; and
upon receipt of the notice of the declaration of the property as a
disruptive property, he/she promptly took all actions necessary to
prevent the occurrence of future disruptive activity.
B.
Upon appeal of a notice declaring his/her property a disruptive property,
or a notice demanding payment for costs of providing public safety
services to a disruptive property, if a property owner is able to
demonstrate to the Board that an eviction action has been commenced
in a court of law and that the property owner is actively prosecuting
said eviction action against the offending tenant, then the Board
shall order a stay of any/all further enforcement of this article
by the Borough pending a determination by the District Magistrate
Judge or Beaver County Court of Common Pleas Judge on the eviction
action. If the property owner is unsuccessful in the eviction action,
then the property will no longer be classified as a disruptive property.
C.
Upon appeal of a notice declaring his/her property a disruptive property,
or a notice demanding payment for costs of providing public safety
services to a disruptive property, if a property owner is able to
demonstrate to the Board that one or more of the citations, summonses
or arrests for disruptive activity, which was the basis of the declaration
of disruptive property, is subject to a "not guilty" plea by the offending
party, then the Board shall order a stay of any/all further enforcement
of this article by the Borough pending a determination by the District
Magistrate Judge or Beaver County Court of Common Pleas Judge on the
citation or summons. If the offending party is found to be "not guilty"
on one or more of the citations or summons, then the property will
no longer be classified as a disruptive property.
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.
A.
Established; membership.
(1)
There is hereby established a Disruptive Property Appeals Board,
which shall consist of three members. Three members shall be appointed
by the Borough Council. The Board shall hold office at the pleasure
of the Borough Council.
(2)
All members of the Board shall be residents of the Borough of Baden.
(3)
Initial terms shall be drawn by lot for one-, two- and three-year
terms, and subsequent terms shall be for five years, so that no more
than one term will expire in a given year.
(4)
The Board shall select one of its members to serve as Chairperson.
(5)
Members of the Borough's governing body, and current uniformed
employees of the Borough's Department of Public Safety, may not
serve as members of the Board.
(6)
The Secretary, or his/her designee, shall serve as an ex officio
advisory member of the Board but shall have no vote on any matter
before the Board.
B.
Powers; duties. The Disruptive Properties Appeals Board shall have
the following powers and duties:
(1)
The Board is authorized to establish policies and procedures necessary
to carry out its duties and to interpret the provisions of this article.
(2)
To hear appeals of orders and actions of the Secretary pursuant to
this article and to affirm, amend or reverse such orders or actions.
(3)
To recommend legislation affecting the substance and enforcement
of this article.
(4)
The Board shall conduct a hearing on all appeals within 60 days of
the filing date of each appeal, unless for good and sufficient cause
the Board extends the time for a reasonable period, not to exceed
an additional 60 days.
(5)
For good cause shown, to grant extensions of time in which to comply
with the provisions of this article.
C.
Hearings.
(1)
The Board of Appeals shall conduct all appeal hearings and render
all decisions in accordance with the requirements of the Pennsylvania
Local Agency Law. 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A.
§ 751 et seq.
(2)
All hearings before the Board shall be open to the public. The Board
of Appeals shall schedule meetings and provide public notice of meetings
in accordance with 65 Pa.C.S.A. §§ 701-716 (relating
to the Sunshine Act).
(3)
Two members shall constitute a quorum for a hearing.
(4)
The Board shall affirm, modify or reverse the decision of the Secretary
by a concurring vote of the majority of its members.
(5)
A member shall neither participate in the hearing of, nor vote on,
an appeal in which that member has a personal, professional or financial
interest.
(6)
The Secretary shall designate a qualified clerk to serve as secretary
to the Board. The secretary shall file a detailed record of all proceedings
in the office of the Secretary.
