Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms or phrases shall have the
following meanings:
BOARD OF APPEALS
Akron Borough Council shall serve as the Board of Appeals,
for appeals related to enforcement of this Part.
BOROUGH
The Borough of Akron, Lancaster County, Pennsylvania.
BOROUGH MANAGER
For purposes of this Part, the individual appointed by the
Council of the Borough pursuant to the provisions of Section 1141
of the Borough Code or his or her designee; Manager.
CONTROL
The ability to regulate, restrain, maintain or address conditions
or dominate, counteract or govern property, or conduct that occurs
or fails to occur on a property.
COST OF ABATEMENT
The reasonable costs of abatement of one or more of the infractions set forth in §
6-403 of this Part and as set forth in §
6-406 of this Part.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, possession of drug
paraphernalia or giving away of any controlled substance, all as defined
by state law.
ENFORCEMENT OFFICER
Any sworn or nonsworn Code Enforcement Officer or official
of the Borough of Akron who has been designated or assigned the duties
of code enforcement for the Borough of Akron or to enforce this Part,
and any assistant or deputy thereof, and including any authorized
member or officer of the Akron Borough Police Department or other
law enforcement organization having appropriate jurisdiction.
INVITEE
A person on the property with the actual or implied consent
of the occupant, tenant, owner or person responsible.
NUISANCE ACTIVITY
Activity which is deleterious and signifies such a use of
property or such course of conduct as, irrespective of actual trespass
against others or of malicious or actual criminal intent, transgresses
the just restrictions on use or conduct which the proximity of other
persons or property in civilized communities imposes upon what would
otherwise be rightful freedom; a nuisance in fact.
NUISANCE PROPERTY
Property on which combinations of three or more separate
nuisance activities calls that require an enforcement officer(s) to
arrive at the property occur or exist during any consecutive twelve-month
period.
OCCUPANT/TENANT
An individual who resides on the property, whether or not
as the owner, or with or without a written lease.
PERSON
Any natural person, joint venture, partnership, limited partnership,
association, club, company, corporation, business trust, limited liability
company, organization, or the manager, lessee, agent, officer or employee
of any of them; whenever used in any clause prescribing and imposing
a penalty, "person" includes the individual, partners, officers and
managers or any of them and any officer or employee of any department,
agency or instrumentality of a state or any political subdivision
of a state or the federal government.
PERSON ASSOCIATED WITH
Any person who, whenever engaged in any infraction, is physically
present at the subject property, enters, patronizes, or attempts to
enter, patronize, or visit, or waits to enter, patronize, or visit
a property or person present on a property, including any officer,
director, customer, agent, employee, or independent contractor of
the record owner of the subject property.
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
May be used by this Part interchangeably and unless otherwise
defined, any person who has titled ownership (whether equitable or
fee) of the property or structure which is subject to this Part, an
occupant in control of the property or structure which is subject
to this Part, a developer, builder, or business operator or owner
who is developing, building or acting on the property or in a structure
which is subject to this Part and/or any person who has control over
the property and allows a violation of this Part to occur or to continue.
PREMISES and PROPERTY
May be used by this Part interchangeably and means any public
or private building, lot, parcel, dwelling, rental unit, real estate
or land or portion thereof, including property used as a residential
property; a parcel of real estate, improved or unimproved, including
but not limited to a house, room, apartment, building, garage, structure,
curtilage, adjacent sidewalk and curb and private parking or areas
in a right-of-way adjacent to the foregoing or other property or any
part of any of the foregoing. Property also includes any of the foregoing
acting as a hotel, motel, bed-and-breakfast inn or boardinghouse,
mobile home, mobile home park, transit (transitional) housing and
short-term rentals.
PROPERTY OWNER
Any person or business entity listed as the record owner
of any property within the boundaries of the Borough as set forth
in the records of the Office for the Recorder of Deeds or County Assessment
Office in and for Lancaster County, Pennsylvania.
RENTAL UNIT
Any structure or that part of a structure, including but
not limited to single-family home, room or apartment (including the
curtilage), which is rented to another and/or used as a residence
or sleeping place or usage of the curtilage or sidewalk adjoined by
one or more persons.
SERVICE
The notice identified in this Part shall be deemed to be
properly delivered if sent either by first-class mail to the property
owner's registered address or, if unavailable, to the property owner's
last known address or as may be found in public records, or if delivered
in person to the property owner or delivered at the property owner's
usual place of abode in the presence of a competent member of the
family at least 18 years of age or a competent adult 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 real estate tax address
of the property owner.