This chapter shall be known as the "Property Maintenance Ordinance
for the Borough of Elverson."
The following terms shall, for the purposes of this chapter,
have the meanings set forth herein:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners, operators or tenants of such premises.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
INFESTATION
The presence within or contiguous to a structure on a premises
of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets
for whatever reason, including, but not limited to, being unlicensed,
demolished, abandoned, in a state of disrepair, or incapable of being
moved under its own power.
OCCUPANCY
The purpose for which a building or portion thereof is utilized
or occupied.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, or recorded in the official
records of the county as holding title to the property, or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
PERSON
An individual, corporation, partnership or any other legal
entity.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
RUBBISH
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon
being found liable therefor, pay a fine of not more than $600 plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Chester County.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts hereof. It is hereby declared as the intent of the Elverson
Borough Council of the Borough of Elverson that this chapter would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.