[Ord. 4-1973, 7/20/1973, § 1]
The Council of the Borough of Hughesville, pursuant to the Borough
Code of 1966, Feb. 1. P.L. (1965) 1656 No. 581, section 1202; 53 P.S.
section 46202(5), is hereby empowered to prohibit nuisances, including
the prohibition or removal of any nuisance or dangerous structure
from public or private places upon notice to the owner, and upon his
default, to cause such removal and to collect the cost thereof, together
with a penalty of 10% of such cost from the owner in action of assumpsit.
The cost of removal and the penalty may be entered as a lien against
such property in accordance with existing provisions of law. The Borough
may also file a proceeding in equity in the matter.
[Ord. 4-1973, 7/20/1973, § 2]
There is hereby provided an investigating Committee consisting
of the Fire Chief, the Police Chief, and an engineer to be selected
by the Council, who shall make an inspection of any such structure
or condition and make such recommendations as it sees fit for the
consideration and decision of the Council in the matter.
[Ord. 4-1973, 7/20/1973, § 3]
If the Council decides that the nuisances should be abated or
that the structure be removed or repaired, it shall send a notice
to this effect to the owner of the structure and, if he cannot be
found, by posting such a notice on the building requiring such owner
to commence action to correct the situation by repair or removal within
10 days after notice. Thereafter a reasonable time must be allowed
to repair or remove the structure or condition.
[Ord. 4-1973, 7/20/1973, § 4]
If said owner desires a hearing in said matter before the Council
and notifies said Council within said 10 days, the same shall be granted
to him at a time to be fixed by the Council, but not later than 30
days after such request. After hearing before the Council the owner
shall have the right to appeal to the court and shall also have an
opportunity to remove the nuisance, or repair it. The owner may take
whatever other legal steps he deems necessary to protect his interests
and notify the Council to this effect within 10 days of the receipt
or posting of notice as above described.
[Ord. 4-1973, 7/20/1973, § 5]
The Council shall in its decision to abate a nuisance or order
the removal or repair of a structure state the reasons which make
this decision necessary.
[Ord. 4-1973, 7/20/1973, § 6]
The notice of the Council's order shall clearly specify:
A.
The
place and manner of the nuisance or anticipated nuisance as determined
by the Council.
B.
The
nature or condition thereof.
C.
The
Council's order with respect to the nuisance or anticipated nuisance.
D.
The
names of persons found by the Council to be responsible therefor or
concerned therewith and the name of the owner, if any, of the land
or premises involved.
E.
The
date of the Council's order and the number of days therefrom
allowed for compliance with it.
F.
The
alternative remedy of the Council in case of non-compliance.
G.
Notice
that the persons affected may apply to the Council, within the time
fixed in the notice, for a hearing, and after hearing may appeal to
the court or may have an opportunity to remove the structure or take
any other legal action required to protect the owner.
H.
The
notice shall be signed: "Borough Council of the Borough of Hughesville,"
by its Secretary.
[Ord. 4-1973, 7/20/1973, § 7]
If the owner after receiving due notice refuses to comply with
the terms thereof, he shall be guilty of a violation of this Part
1 and shall, upon conviction thereof before a Justice of the Peace
or a District Magistrate, pay a fine of not more than $100 nor less
than $50 and the costs of prosecution, and in default of the payment
of such fine and costs of prosecution shall be imprisoned for not
more than 20 days. Each day's continuance of a violation shall
constitute a separate offense.
