[Adopted 7-17-2007 by Ord. No. 1311]
Borough Council hereby finds that nuisance properties place
a substantial and unacceptable threat and burden on the common health,
safety and welfare of the residents of the Borough of Etna. To this
end, Borough Council directs the Code Enforcement Officer, as provided
in the following sections, to charge the cost of abatement of nuisance
properties to the property owner in an effort to deter repeated violations
of state and local laws and to ensure restoration of the common health,
safety and welfare of Borough residents.
As used in this article, the following terms shall have the
meanings indicated:
That official of the Borough of Etna charged with the duty
of enforcing the provisions of the Zoning Ordinance of the Borough
of Etna.
The reasonable cost of abatement of an enumerated infraction
as calculated by the Code Enforcement Officer, including but not limited
to the costs of Police Department and/or the costs of the Code Enforcement
Officer response associated with abating an enumerated infraction.
The complete list of costs associated with abating each enumerated
infraction.
Any property being used as a residence within the Borough
of Etna with five or fewer units that causes to be issued three citations
and/or legal complaints from the police and/or the Code Enforcement
Officer for any enumerated infraction on three separate occasions
within any 120-day period, or any property being used as a residence
with more than five units that causes to be issued at least three
citations and/or filings of legal complaints from one unit or five
citations and/or filings of legal complaints from the entire building
from the police and/or Code Enforcement Officer for any enumerated
infraction on separate occasions within any 120-day period.
Any person or business entity, profit or not-for-profit,
owning an interest in any property within the boundaries of the Borough
of Etna.
A.
An enumerated infraction is any of the following activities,
behavior or conduct, whenever engaged in by the owner(s), operator(s),
tenant(s), occupant(s) or their invitee(s) occurring within the boundary
lines of the property or 100 feet or less outside the boundary lines
of the property, including but not limited to:
(2)
Violation of Borough of Etna ordinances pertaining
to the Uniform Construction Code;
(3)
Violation of Chapter 448, Article I (Ord. No. 1289 of 2002), pertaining to the International Property Maintenance Code;
(4)
Under the law of the Commonwealth of Pennsylvania,
any violation designated as a summary offense, a misdemeanor, or a
felony.
B.
Under the law of the Commonwealth of Pennsylvania,
any violation designated as a summary offense, a misdemeanor, or a
felony.
A.
Reports and notices.
(1)
All enumerated infractions will be reported by the
citing police officer to the Code Enforcement Officer within 72 hours
of its occurrence. The Code Enforcement Officer shall notify the property
owner by first-class mail to the property owner's last known
address or cause to be hand-delivered a notice to the property owner's
residence or usual place of business.
(2)
The notice shall be deemed to be properly delivered
if sent either by first-class mail to the property owner's last
known address or if delivered in person to the property owner. If
the property owner cannot be located, the notice shall be deemed to
be properly delivered if a copy of it is personally served upon a
competent member of the property owner's family at least 17 years
of age or a competent adult currently residing there. If a current
address cannot be located, notice shall be deemed sufficient if posted
on the potential nuisance property, and a copy of the notice is sent
via first-class mail to the last known address of the property owner.
B.
The Code Enforcement Officer is herewith charged
with keeping a log of such enumerated infractions. The log shall be
maintained for the purposes of recording enumerated infractions from
diverse sources who would not otherwise know of other departments'
activities with the subject property.
C.
Whenever the Code Enforcement Officer determines
that an owner of a property being used as a residence with five or
fewer units has been cited or a legal complaint has been filed for
an enumerated infraction at least three times on separate occasions
within any 120-day period or an owner of a property being used as
a residence within more than five units has been cited or a legal
complaint has been filed for an enumerated infraction at least three
times from one unit or at least five times from the entire building
on separate occasions within any 120-day period, the Code Enforcement
Officer shall notify the property owner in writing that the property
has been designated as a nuisance property.
D.
The notice shall be deemed to be properly delivered
if sent either by first-class mail to the property owner's last
known address or if delivered in person to the property owner. If
the property owner cannot be located, the notice shall be deemed to
be properly delivered if a copy of it is personally served upon a
competent member of the property owner's family at least 17 years
of age or a competent adult currently residing there. If a current
address cannot be located, notice shall be deemed sufficient if posted
on the potential nuisance property and a copy of the notice is sent
via first-class mail to the last known address of the property owner.
E.
(1)
The street address or legal description sufficient
for identification of the property;
(2)
A description of the enumerated infraction(s)
that have occurred at the property and a statement indicating that
the property is declared as a nuisance property as a result of said
enumerated infraction(s);
(4)
A statement that the property owner shall within
10 days respond to the Code Enforcement Officer, in writing, with
either:
(a)
The intent of the property owner to appeal the
finding of the Code Enforcement Officer; or
(b)
A proposal detailing a course of action by which enumerated activities will be abated at the property. The Code Enforcement Officer shall, within 10 days of receipt of said proposal, either approve or disapprove of the proposal. In the event the Code Enforcement Officer disapproves of the proposal, the property owner may appeal pursuant to § 396-30.
F.
Whenever Code Enforcement Officer determines that an additional enumerated infraction has occurred at a property for which notice has been issued pursuant to Subsection C of this section, and either the enumerated infraction has occurred not less than 13 days after notice has been issued or an approved course of action under Subsection E(2) has not been completed, the Code Enforcement Officer shall charge the cost of abatement of the enumerated infraction to the property owner pursuant to § 396-29 for this and any additional enumerated infraction, exceptions notwithstanding.
A.
On an annual basis, the Code Enforcement Officer
shall recommend a cost schedule for each enumerated infraction to
the Borough Council, and Borough Council shall adopt such cost schedule
as recommended by the Code Enforcement Officer or adopt a different
cost schedule, as the Council deems appropriate, by resolution, which
will be filed in the Borough Secretary's office.
B.
The Code Enforcement Officer shall impose upon the owner of a nuisance property the cost of abatement of any enumerated infraction consistent with § 396-27. Any cost imposed upon the property owner shall constitute a lien against the property.
C.
Each subsequent incident of any enumerated infraction
shall be deemed a separate violation subject to this article.
Appeal of the determination of the Code Enforcement Officer pursuant to § 396-28C shall be submitted to the Borough Council within 10 days of service of the notice of enumerated infraction.
A.
In the event any Property Owner, after implementation of a § 396-28E(4)(b) plan, demonstrates that Code Enforcement Officer or police have not responded to an enumerated infraction at a nuisance property for at least a period of six months, and all other requirements of this article have been complied with, that property shall no longer be considered a nuisance property.
B.
Any citation or complaint issued to a tenant who
is already in the process of being evicted shall not count towards
the number of citations or complaints that have been issued or filed
necessary to be deemed a "nuisance property," if the property owner
can prove that an eviction action has been commenced in a court of
law and if the property owner is actively prosecuting said eviction
action against the tenant.
All ordinances or parts of ordinances in conflict with the provisions
of this article are hereby repealed.
It is hereby declared to be the intention of the Borough of
Etna that the several provisions of this article are separable. If
any court of competent jurisdiction shall declare any words, sections,
sentences or provisions of this article to be invalid, such ruling
shall not affect any other words, sections, sentences or provisions
of this article not specifically intended in said ruling.
