It shall be unlawful for any person to create, continue, cause,
maintain or permit to exist any nuisance at any place within the City.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the City shall, within 10 days after notice from City Council to do so, remove or abate that nuisance. If that person fails, neglects or refuses to do so, remove or abate the nuisance within the time limit, City Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance and, in so doing, shall have the authority to enter upon the property of the person in default. Thereupon, City Council shall collect the cost and expense of the abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted it to exist, that person having failed, neglected or refused to remove or abate the nuisance, with an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit, provided that the cost and expense may be in addition to any penalty imposed under §
355-4 of this chapter.
[Amended 6-11-1990]
Any person, firm or corporation who shall violate or fail to
comply with any of the provisions of this chapter shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not less than $100 and not more than $300 and costs of prosecution
and/or suffer imprisonment for up to 180 days, or both. The continuation
of such violation for each successive day shall constitute a new and
separate offense, and the person or persons allowing the continuation
of the violation may be punished as provided above for each separate
offense.
This chapter shall not be construed to be the sole means for
abatement of nuisances within the City, and nothing shall preclude
any person from proceeding individually or with other injured persons
to effect the abatement of a private nuisance. Furthermore, in the
exercise of the powers conferred in this chapter, the City may institute
proceedings in equity.