[Ord. No. 5/28/2003B, § 501]
1. Unlawful Acts. It will be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, maintain,
fail to maintain, provide, fail to provide, use or occupy, let another
for use or occupy or permit another person to use or occupy any structure
or equipment regulated by this Code, or cause the same to be done,
contrary to or in conflict with or in violation of any provision of
this Code, or to fail to obey a lawful order of the Code Official,
or to remove or deface a placard or notice posted under the provisions
of this Code.
2. Notice to Owner or to Person Responsible. Whenever the Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in §
10-501, Subsection
3 and
4. Notices for condemnation procedures shall also comply with §
10-801, Subsection
4, of this chapter.
3. Forms. Such notice prescribed in §
10-501, Subsection
2, shall be in writing and include the name of the owner of record and any other person against whom the Borough intends to take action; the location of the property in violation; the specific violation with the description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter; the date before which the steps for compliance must be commenced and the date before which the steps must be completed in order to bring the dwelling unit or structure into compliance with this Code; and an explanation of the owners' right to seek modification or withdrawal of the notice by petition to the Property Maintenance Appeals Board.
4. Method of Service. Such notice shall be deemed to be properly served
if a copy thereof is sent by certified or registered mail addressed
to the owner at the last known address with return receipt requested.
Service of such notice in the foregoing manner upon the owner, owner's
agent or upon the person responsible for the structure shall constitute
service of notice upon the owner.
5. Transfer of Ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order, or
upon whom a notice of violation has been served, to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee, or lessee a true copy of any compliance order or notice
of violation and fully accept the responsibility, without condition,
for making the corrections or repairs required by such compliance
order or notice of violation.
6. Penalty. Any person who shall violate or fail to comply with any
provision of this Part shall, severally for each and every such violation
or noncompliance, be guilty of a summary offense, punishable by a
fine of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Ord. No. 10112006, 10/11/2006]
7. Prosecution. To enable the enforcement of this Code when acting within
the scope of his or her duties, the Code Official is authorized to
institute prosecution by means of a summary offense procedure to include
all fines, penalties and costs for noncompliance of any part of this
Code.
8. Application for Appeal. Any person affected by a notice which has
been issued in connection with the enforcement of any provision of
this Code, or of any rule or regulation adopted pursuant thereto,
shall have the right to request and shall be granted a hearing on
the matter before the Borough Council, provided that such person shall
file, in the office of the Borough of Wesleyville, a written petition
requesting such hearing and containing a statement of the grounds
therefor, within 10 days after the day the notice was served.