Borough of Cheswick, PA Chapter 113 Nuisances

[HISTORY: Adopted by the Borough Council of the Borough of Cheswick 12-17-1996 by Ord. No. 706-C. Amendments noted where applicable.]

§ 113-1 Investigation and report.

Whenever it shall be reported to the Borough Council that any nuisance is being maintained or that any structure, completed or in process of construction, or any dilapidated or unoccupied dwelling, building or house or any portion thereof is in a dangerous condition, the Borough Council shall immediately cause an investigation or examination to be made of the nuisance or the structure and report thereof to the Borough Council. The report shall specify the exact condition of the nuisance or structure and in what respect the nuisance is such or the structure is dangerous and, in the case of a structure, whether it is capable of being properly repaired or whether it should be removed as a dangerous structure.

§ 113-2 Abatement of nuisance ordered.

The Borough Council, from said report, shall determine whether a nuisance is being maintained or that a structure is in a dangerous condition. The Borough Council shall forthwith cause written notice to be served upon the owner or occupier of the land whereon the nuisance is being maintained or upon the owner or occupier of such structure. Such notice, in the case of a nuisance, shall require the owner or occupier of the land to commence the abatement of such nuisance within 10 days of the service of such notice and to complete such abatement in 30 days thereof and, in the case of a structure, shall require the owner or occupier to commence the repair or removal of such structure within 10 days of the service of such notice and to complete said repair or removal within 30 days thereof, provided that in any case where the notice prescribes the repair of any structure, the owner or occupier thereof shall have the option to remove such structure instead of making the repairs thereto within said time limit.

§ 113-3 Service of notice.

The notice required by § 113-2 of this chapter shall be served personally upon the owner or occupier if such owner or occupier resides in the Borough of Cheswick or, if not, upon the agent of the owner or occupier if such agent has a residence or place of business within the County of Allegheny. If neither the owner or occupier nor the agent thereof can be served as herein provided, such notice shall be sent to the owner or occupier by certified mail, at the last known address thereof.

§ 113-4 Failure of owner to comply.

If any owner or occupier to whom the notice shall be sent under the provisions of this chapter fails to complete the abatement of such nuisance or fails to complete such repair or removal within the time limit prescribed by such notice, the Borough Council may cause such work of abatement or repair or removal to be commenced and/or completed by the Borough, and the costs and expenses thereof, with the penalty of 10% thereof, shall be collected from the owner or occupier in the manner provided by law for the collection of municipal claims or by civil action without the filing of a claim, or may seek other relief as may be available from any court of the commonwealth.

§ 113-5 Time limit; violations and penalties.

If the owner or occupier to whom the notice shall be sent, under the provisions of this chapter, fails to complete the abatement of such nuisance or fails to complete such repair or removal within the time limit prescribed by such notice, he shall be guilty of a violation of this chapter and, upon conviction thereof, shall forfeit and pay a sum of not less than $500, which shall be recoverable before any Justice of the Peace within the Borough or within the County of Allegheny and when recovered shall be forthwith paid to the Treasurer of the Borough, provided that each day's continuance of a violation shall constitute a separate offense.