[HISTORY: Adopted by the City Council of the City of Pittston 7-16-2008 by Ord. No.
2008-4. Amendments noted where applicable.]
This chapter may be cited as the "Pittston City Chronic Nuisance
Property Ordinance."
A.
Chronic nuisance properties present grave health, safety and welfare
concerns, where the persons responsible for such properties have failed
to take corrective action to abate the nuisance condition. Chronic
nuisance properties have a tremendous negative impact upon the quality
of life, safety and health of the neighborhoods where they are located.
This chapter is enacted to remedy nuisance activities that are particularly
disruptive to quality of life and repeatedly occur or exist at properties
by providing a process for abatement. This remedy is not an exclusive
remedy available under any state or local laws and may be used in
conjunction with such other laws.
B.
Also, chronic nuisance properties are a financial burden to the City
by the repeated calls for service to the properties because of the
nuisance activities that repeatedly occur or exist on such property.
This chapter is a means to ameliorate those conditions and hold accountable
those persons responsible for such property.
For purposes of this chapter, the following words or phrases
shall have the meanings prescribed below:
To repair, replace, remove, destroy, or otherwise remedy
a condition which constitutes a violation of this chapter by such
means and in such a manner and to such an extent as the applicable
City department director or designee(s) determines is necessary in
the interest of the general health, safety and welfare of the community.
Property on which a combination of three or more nuisance
activities as defined in this section occur or exist during any five-year
period.
[Amended 2-19-2020 by Ord. No. 2-2020]
The ability to regulate, restrain, dominate, counteract or
govern property or conduct that occurs on a property.
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, or giving away of
any controlled substance as defined by state law.
Means and includes:
Any criminal conduct as defined by state law or local ordinance
occurring on, around or near a property, including but not limited
to the following activities or behaviors:
Stalking.
Harassment.
Failure to disperse.
Disorderly conduct.
Assault.
Any domestic violence crimes.
Reckless endangerment.
Prostitution.
Patronizing a prostitute.
Public disturbance noises.
Lewd conduct.
Any firearms/dangerous weapons violations.
Drug-related loitering.
Any dangerous animal violations.
Any drug-related activity.
For purposes of this chapter, "nuisance activity" shall not
include conduct where the person responsible is the victim of a crime
and had no control over the criminal act.
Natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization, or the manager,
lessee, agent, officer or employee of any of them.
Unless otherwise defined, any person who has titled ownership
of the property or structure which is subject to this chapter, an
occupant in control of the property or structure which is subject
to this chapter, a developer, builder, or business operator or owner
who is developing, building or operating a business on the property
or in a structure which is subject to this chapter and/or any person
who has control over the property and allows a violation of this chapter
to continue.
May be used in this chapter interchangeably and means and
public or private building, lot, parcel, dwelling, rental unit, real
estate or land or portion thereof, including property used as a residential
or commercial property.
Any structure or that part of a structure, including but
not limited to a single-family home, room or apartment, which is rented
to another and used as a home residence or sleeping place by one or
more persons.
A.
Any property within the City of Pittston which is a chronic nuisance
property is in violation of this chapter and subject to its remedies;
and
B.
Any person responsible for property who permits property to be a
chronic nuisance property shall be in violation of this chapter and
subject to its remedies.
[Amended 5-16-2018 by Ord. No. 4-2018]
A.
Enforcement. This section will be enforced by the City Code Enforcement
Officer or other appropriate city employee as designated in writing
by the City Administrator.
B.
Determination and notification. When the Code Enforcement Officer or the designee receives documentation confirming the occurrence of three or more nuisance activities within any five-year period on any property, the Code Enforcement Officer or designee may review such documentation to determine whether it describes the nuisance activities enumerated in § 326-3. Upon such a finding, the Code Enforcement Officer or desginee shall warn the person responsible for such property in writing, that the property is in danger of being declared a chronic nuisance property.
[Amended 2-19-2020 by Ord. No. 2-2020]
C.
Form of warning notice. The warning in Subsection B shall contain:
(1)
The street address or legal description sufficient for identification
of the property;
(2)
A concise description of the nuisance activities that exist or that
have occurred on the property;
(3)
A demand that the person responsible for such property respond within
10 days of service of the notice to discuss the nuisance activities
and create a plan to abate the chronic nuisances;
(4)
An offer to the person responsible of an opportunity to abate the
nuisance activities giving rise to the violations; and
(5)
A statement describing that, if legal action is sought, the property
could be subject to closure and civil penalties and or or costs assessed
up to $100 per day if declared a chronic nuisance property.
D.
Service of warning notice. The Code Enforcement Officer or designee
shall serve or cause to be served such warning upon the person responsible
in accordance with the procedures set forth herein. Service shall
be in person, by certified mail, or by Pennsylvania State Constable.
E.
Failure to respond. If the person fails to respond to the warning
within the time prescribed, the Code Enforcement Officer or designee
shall issue a notice in writing declaring the property to be a chronic
nuisance property and post such notice at the property and issue the
person responsible a civil infraction, punishable by a maximum penalty
of $1,000. If the person fails to respond to the issued infraction
and or continues to violate the provisions of this chapter, the matter
shall be referred to the City Solicitor for further action.
F.
Remediation. If the person responds as required by the notice and
agrees to abate the nuisance activity, the Code Enforcement Officer
or designee and the person responsible, may work out an agreed-upon
course of action which would abate the nuisance activity.
G.
Failure of remediation. If an agreed course of action does not result
in the abatement of the nuisance activities or if no agreement concerning
abatement is reached, the matter shall be forwarded by the City to
the City Solicitor for review for further enforcement action, provided
that, in the event the Code Enforcement Officer or designee or the
City Solicitor determines that the person responsible has taken reasonable
steps to abate the nuisance activity, the City Solicitor shall not
commence an enforcement action under this chapter, notwithstanding
the continuance of the nuisance activity. It is a defense to an action
for chronic nuisance property that the person responsible, at all
material times, could not, in the exercise of reasonable care and
diligence, control leading to the determination that the property
is a chronic nuisance property.
A.
Referral to Solicitor. If there is no response to the warning notice provided in § 326-5C, or if there is no mutually agreed-to course of remedial action to abate the nuisance as provided in § 326-6F, or if the agreed-to course of remedial action is not implemented or fails to correct the nuisance, the Code Enforcement Officer or designee, may refer the matter to the City Solicitor for review for further legal action under this chapter. Based upon the information then provided by the City Solicitor, City officials may direct the City Solicitor to undertake further enforcement action under the provisions of this chapter and applicable law. The City Solicitor may initiate authorized action in the District Magesterial Court or other such applicable court of law and seek penalties and costs for abatement of the nuisance.
[Amended 5-16-2018 by Ord. No. 4-2018]
B.
In determining whether a property shall be deemed a chronic nuisance
property and subject to the court's jurisdiction, the City shall have
the initial burden of proof to show by a preponderance of the evidence
that the property is a chronic nuisance property. The City may submit
official police reports and other affidavits outlining the information
that led to arrest(s) and other chronic nuisance activity occurring
or existing at the property. The failure to prosecute an individual,
or the fact that no one has been convicted of a crime, is not a defense
to a chronic nuisance action.
C.
Once a court determines the property to be a chronic nuisance under this section, the court may impose a civil penalty against any or all of the persons responsible for the property and may order any other relief deemed appropriate. A civil penalty may be assessed for up to $100 per day for each day the nuisance activity continues to occur following the date of the original warning by the Chief of Police or his/her designee(s), as described in § 326-5. In assessing the civil penalty, the court may consider the following factors, citing to those found applicable:
D.
The court which determined the property to be a chronic nuisance
property shall also assess costs against the person responsible in
the amount it costs the City to abate, or attempt to abate, the nuisance
property.
E.
If the court determines the property to be a chronic nuisance property,
the court shall order the property closed and secured against all
unauthorized access, use and occupancy for a period up to one year
and may impose a civil penalty and costs.
F.
Once a determination has been made by the court that the chronic
nuisance property shall be subject to closure, the court may authorize
the City to physically secure the premises and initiate such closure.
Costs for such closure shall be submitted to the court for review.
Any civil penalty and/or costs awarded to the City may be filed with
the City Treasurer, who shall cause the same to be filed as a lien
on the property with the County Prothonotary. The City shall file
a formal lis pendens notice when an action for abatement is filed
in the Court of Common Pleas of Luzerne County.
G.
The Luzerne County Court shall retain jurisdiction during any period
of closure or abatement of the property.
H.
District Court 11-1-2004 shall have jurisdiction of all civil infractions
issued pursuant to this chapter.
Nothing in this chapter prohibits the City from taking any emergency
action for the summary closure of such property when it is necessary
to avoid an immediate threat to public welfare and safety. The City
may take summary action to close the property without complying with
the notification provisions of Pennsylvania Rules of Civil Procedure,
but shall provide such notice as is reasonable under the circumstances.
