As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Any individual, partnership, association or corporation,
as well as all officers, agents, servants, employees or others acting
for any of the same, and shall be taken as applying in the singular
or plural, as the case may require.
PUBLIC OR COMMON NUISANCE
That which is set up, maintained or continued so as to be
an obstruction to the use of property by inferfering with the response,
health, safety or life of the public.
Any person who creates, continues or maintains any public or
common nuisance within the Borough of Folcroft shall be deemed guilty
of a violation of this chapter and shall be liable for the expense
and abatement and remedy thereof, as well as such fines and penalties
as may be imposed.
Notice to remove may be served upon the owner verbally if he
or she resides in the Borough. If the owner does not reside in the
Borough, then such notice may be served verbally upon the tenant,
owner, or occupant of the premises. If there is no tenant or occupant,
then such notice may be posted on the premises.
Every owner or occupier of land whereon any nuisance exists
is hereby required to cease any activity creating such nuisance and
to abate such nuisance immediately upon notice to do so communicated
by any representative of the Borough, including the Police Department
or Department of Code Enforcement. In the event that abatement of
the nuisance requires the removal of any object or thing or physical
changes to the land or any structure, the owner or occupier shall
remove or cause to be removed such nuisance or perform any work necessary
to remove any cause of nuisance within 10 days after notice to abate
such nuisance, except in the case of any nuisance that constitutes
an imminent and serious danger to the public health or safety, in
which case such abatement of the nuisance shall be performed immediately
upon notice to do so communicated by any representative of the Borough,
including the Police Department or Department of Code Enforcement.
In the event of any failure or refusal to abate any nuisance or perform
any work necessary to abate such nuisance, after the expiration of
10 days of notice to abate such nuisance or except in the case of
any nuisance that constitutes an imminent and serious danger to the
public health or safety, the Borough may cause the abatement of such
nuisance at the cost of the owner or occupier and collect the cost
thereof, together with an administrative fee to the Borough of 20%
of such cost and reasonable attorney's fees of the Borough, from
such owner or occupier, and the Borough may file a municipal claim
for the same or collect it by action assumpsit.