[Ord. No. 861 § BH-4.1]
Whenever anything declared by this Board of Health Code to be
a nuisance or any unsanitary or unhealthy condition is found on any
premises within the Borough, notice shall be given to the owner or
person in control of the premises to remove it or abate it within
the time specified in the notice but not less than five days from
the date of service.
[Ord. No. 861 § BH-4.2]
If the owner or person in control of the premises, upon being
notified, does not comply with the notice within the time specified
and fails to remove or abate the nuisance or condition, the Board
of Health, through the Registered Environmental Health Specialist,
shall proceed to abate the nuisance or condition or may cause it to
be removed or abated in a summary manner by such means as he or she
shall deem proper.
[Ord. No. 861 § BH-4.3]
Whenever any cost or expense is incurred by the Borough as a
result of the Registered Environmental Health Specialist abating or
removing, or causing to be abated or removed any nuisance or unsanitary
or unhealthy condition, such costs and expenses may be recovered in
the following manner:
a.
In all cases where practical and permitted by law, such costs shall
be certified to the Tax Assessor and shall be part of the taxes next
assessed upon the premises on which the nuisance or unsanitary or
unhealthy condition was located.
b.
Where the Borough is not permitted by law or it is impractical to
proceed under Section BH4.3a, the cost or expense shall be recovered
by an action at law in any court of competent jurisdiction, which
action shall be instituted by the Board of Health in the name of the
Borough.
c.
Regardless of how costs are actually recovered, they shall be in
addition to and shall not affect the imposition of any penalties for
the violation of this chapter.
