[Added 9-8-2025 by Ord. No. 2178]
A.
Public nuisances diminish the quality of life and the health, safety and general welfare of City of Greensburg residents, guests and the public at large.
B.
The persistence of public nuisances, blight and City of Greensburg Code violations is detrimental to the community that is the City of Greensburg.
D.
These provisions are authorized and in the furtherance of the nuisance abatement provisions of the Third Class City Code, 11 Pa.C.S.A. §§ 127A01 through 127A12. The interpretation of this Article should be guided by the application of precedent arising from the provisions of the Third Class City Code and other relevant and applicable law.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
The removal, stoppage or destruction by any reasonable means of the cause or constitution of a public nuisance.
The City of Greensburg Planning and Development Department.
With regard to the property on which the alleged public nuisance exists, the owner of record, based upon the City's real estate registry if the City maintains a registry or, if the City does not maintain a real estate registry on the tax assessment records of the City or of the county in which the City is located. The term may include any person in whom is vested all or any part of the legal or equitable title to the property or who has charge, care or control of the property as agent, executor, administrator, assignee, receiver, trustee, guardian, lessee or mortgagee in possession.
Personal property or real property and any improvements to real property.
Conduct or property, or the condition or use of property, defined or declared to be a public nuisance under any provision of this part or other law.
Conduct or property, or the condition or use of property, if the Department determines that it endangers the health or safety of, or causes hurt, harm, inconvenience, discomfort, damage or injury to, a person or property in the city by reason of the conduct or property or the condition or use of the property, being any of the following:
A menace, threat or hazard to the general health and safety of the community.
A fire hazard.
A building or structure that is unsafe for occupancy or use.
Property that is so inadequately or insufficiently maintained that it diminishes or depreciates the enjoyment and use of other property in its immediate vicinity to the extent that it is harmful to the community in which the property is situated.
Unauthorized accumulations of garbage and rubbish and the unauthorized storage of abandoned or junked automobiles or other vehicles on private or public property, and the carrying on of any offensive manufacture or business.
Abatement of a public nuisance by the City without prior notice to the owner of the property in accordance with this article.
A.
Reports of the existence of a possible public nuisance shall be made to the Department.
B.
The Department shall establish criteria for investigating reports to determine the existence of a public nuisance. The reports may be submitted by a member of the public, City employee or elected or appointed City official or result from observations or inspections made by the Department.
C.
Notification. If the Department, either as a result of a report or an investigation, reasonably believes the reported property involves a building that appears to be structurally unsafe or otherwise constitutes a public nuisance, the Department shall notify the City's inspector or other appropriate official who shall cause the property to be inspected, who may enter upon any premises within the City which are reported to be a public nuisance for the purpose of examining the premises or of preventing, confining or abating public nuisances. The following apply:
(1)
In the event that entry upon any premises is refused by an owner, an agent of an owner or tenant, the Department shall obtain an administrative search warrant from a Magisterial District Judge within the judicial district where the premises to be inspected is located.
(2)
It shall be sufficient to support the issuance of a warrant for the Department to provide to the Magisterial District Judge evidence of any of the following:
(a)
Reasonable standards and an administrative plan for conducting inspections;
(b)
The condition of the premises or general area and the passage of time since the last inspection;
(c)
Facts, supported by an oath or affirmation, alleging that probable cause exists that a law, regulation, code or ordinance of the City of Greensburg or the Commonwealth of Pennsylvania has been violated or is being violated; or
(d)
Any other permissible basis for the issuance of an administrative warrant pursuant to the provisions of the City of Greensburg Code and state law or constitutional standards.
D.
Upon completing its investigation and receiving any written reports under Subsection C, the Department shall determine all of the following:
(1)
If a public nuisance exists.
(2)
If the public nuisance is of such a severe and substantial nature that it presents a clear, immediate and substantial danger to public health or safety or to the health or safety of any occupant of a property on which a public nuisance exists or of any property in the vicinity of the public nuisance that it is sufficient to justify extraordinary and immediate action without prior notice to the owner of the property to avoid personal injury, death or substantial loss of property.
F.
Abatement. Emergent public nuisances shall be handled by the procedures for summary abatement in § 205-27. Nonemergent public nuisances shall be handled using the procedures for abatement with prior notice in § 205-28. The provisions adopted herein are not intended to supplant any other form of relief available to the City under other applicable codes, ordinances, statutes, regulations, or precedential court authority. Rather, this article provides a means for relief in addition to all other available remedies. Despite the use of the word "shall" in the first two sentences of this subsection, at all times the City has authority to use whatever other means of legal relief are available under codes, ordinance, statute, regulations or precedential court authority, in order to address emergent or nonemergent public nuisances.
A.
The City shall have the power to utilize summary abatement in accordance with this section.
B.
In the case of a reported public nuisance, the Department shall have authority to utilize summary abatement if.
C.
Notice not required. If summary abatement is implemented pursuant to Subsection B, the Department shall have the authority to enter upon the property for the purpose of abatement without prior notice to the owner of the property or to the holders of liens on the property.
D.
Procedure. The following shall apply:
(1)
Within 10 days following a summary abatement, the Department shall post on the property upon which the abatement has occurred a notice describing the action taken to abate the nuisance.
(2)
Within 20 days following a summary abatement, the Department shall determine the identity of the owner of the property by reference to the City's records and the county assessment records, and the identity of the holders of all liens upon the property which are properly indexed among the records of the county and provide to the owner and to all lienholders written notice, by first class mail or hand delivery, of the action taken to abate the nuisance.
(3)
Within 30 days following a summary abatement, the Department shall file with the City Fiscal Director a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this article. After filing with the Fiscal Director, notice of the statement of costs shall be provided to the owner and lienholders.
A.
The City shall have the authority to abate a public nuisance with prior notice as provided by this section if, after inspecting the property or condition reported to be a public nuisance, the City determines that a public nuisance exists.
B.
Method of notice.
(1)
If the Department proceeds with abatement pursuant to this section, it shall identify the owner of the property by reference to the City's real estate registry if the City maintains a registry or, in the absence of a registry, by reference to county assessment records and shall immediately serve a written notice on the owner by any of the following methods:
(a)
Personal service.
(b)
Leaving a copy of the notice at the place of residence or business of the owner or the address of the owner shown in the City's real estate records or in the records in the appropriate Westmoreland County offices.
(c)
Mailing a copy by United States certified mail, return receipt requested, to the owner at the owner's current address shown in the City's real estate records or in the records in the appropriate Westmoreland County offices.
(2)
If service of the written notice is unable to be perfected by any of the methods under Subsection B(1), the Department shall publish a copy of the notice in a newspaper of general circulation once a week for two consecutive weeks and shall provide a copy of the notice to the individual in possession of the property on which the Department has determined that the public nuisance exists, or, if there is no individual in possession of the property, the Department shall post a copy of the notice at the structure, location or premises.
(3)
The Department shall determine from the records in the offices of the Recorder of Deeds the identities of all lienholders of the property and serve a written notice on all lienholders by United States certified mail, return receipt requested.
C.
The notice to the owner and lienholders shall state clearly and concisely the findings and determination of the Department with respect to the existence of a public nuisance. The notice shall further state that the public nuisance shall be abated by the City at the expense of the owner unless it is otherwise abated within 30 days of the notice or within any extension of that period granted by the Department.
D.
A person who is the owner of the premises, location or structure at the time a notice to abate a public nuisance is issued and served upon the person shall be responsible for complying with the notice and shall be liable for any costs incurred by the City in connection with the notice, notwithstanding if the person conveyed the person's interest in the property to another after the notice was issued and served.
E.
It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed.
A.
Public Nuisance Appeal Board. Greensburg City Council, being comprised of the Mayor and four Council Members pursuant to Greensburg Charter § C-17, shall constitute the Public Nuisance Appeals Board which, if an appeal is taken, shall conduct the hearing on the question of whether a public nuisance, in fact, exists. The Appeals Board may uphold, amend or modify the determination of the Department or extend the time for compliance with the Department's order if the extension is limited to a specific time period.
B.
Time limitations. An appeal under this section shall suspend the period of time within which the nuisance is to be abated until a decision is rendered by the Appeals Board.
C.
Right of appeal. A property owner, operator, or tenant may, within 10 business days of the date of the notice of a determination of public nuisance, appeal, in writing, to the Public Nuisance Appeal Board. The written appeal shall be mailed or delivered to:
City Administrator
City of Greensburg
416 S. Main Street
Greensburg, PA 15601
D.
Scheduling of hearings.
(1)
All hearings for appeals of determinations of public nuisance shall be scheduled within 90 days of the date of service of the appeal.
E.
Decisions. The Nuisance Abatement Board of Appeals shall issue its decision to either grant or deny the appeal within five business days of the date of the hearing. Notice of the decision shall be served upon the appellant and the Director of Planning and Development pursuant to § 205-28B.
F.
Time limits for a decision. Failure to hold an appeal hearing within 90 days of the date of service of the appeal shall result in the appeal being granted, unless the Public Nuisance Appeal Board and the property owner or tenant agree otherwise. Failure to issue a written decision within five business days of the hearing shall result in the appeal being granted unless the Public Nuisance Appeal Board and the property owner or tenant agree otherwise in writing.
G.
Final administrative decision. The determination of the Public Nuisance Appeal Board shall be a final administrative decision within the City.
I.
Public Nuisance Appeal Board solicitor for hearings. The Public Nuisance Appeal Board shall select a solicitor for the purposes of the appeal hearings. Unless a different solicitor is retained by the Board, the City of Greensburg Solicitor shall be the solicitor for the Board.
A.
Abatement by City after notice. If a public nuisance has not been abated at the expiration of 30 days after notice has been provided or within additional time as the Department or Appeal Board may grant, the Department shall have the authority to enter upon the property for the purpose of abatement.
B.
Statement of costs. Upon abatement in accordance with this section, the Department shall file with the Fiscal Director a statement of costs of the abatement, which shall include the administrative fee and civil penalty provided by this article.
In abating a public nuisance, the Department may call upon any of the City Departments, as shall be deemed necessary, or may abate the public nuisance by private contract.
If deemed practicable by the Department, the Department may salvage and sell at private or public sale any material derived from an abatement of a public nuisance. The proceeds of such a sale shall be placed in escrow. The escrowed proceeds may be applied against the amount of the City's costs, fees and penalties relating to the abatement. If the amount of the escrowed proceeds exceeds the amount of the costs, fees and penalties, any excess shall be paid to the owner.
A.
Notice of assessment. Upon receipt of the statement of costs from the Department, either for a summary abatement or for an abatement with prior notice, the Fiscal Director shall, in accordance with § 205-28B, give notice of the amount set forth in the statement of costs to the owner and lienholders of the property upon which the public nuisance has been abated. The notice shall state that the City proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the Fiscal Director within 20 days from the date of mailing the notice.
B.
Lien. Upon the expiration of the 20-day period if no written objections have been received by the Fiscal Director, the total amount of costs, fees and penalties specified in the statement of costs may be entered as a lien against the property on which the nuisance was abated and shall be collected in the manner provided for the collection of municipal claims and liens, subject to rights of appeal provided in this section.
C.
Administrative review. If objections of the owner or a lienholder are received by the Fiscal Director prior to the expiration of the 20-day period, the Fiscal Director shall refer the objections to and shall review them with the Director of Planning and Development.
D.
Fiscal director decision. After conducting the administrative review, the Fiscal Director will issue a written memorandum or decision identifying whether the assessment amount set forth by the Director of Planning and Development is maintained, reduced or increased.
E.
Right of appeal. Parties may appeal the administrative decision to the Public Nuisance Appeal Board using the processes established in § 205-30.
F.
Reduction or cancellation of assessment. The Department, in administrative review, or the Appeals Board, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this article:
G.
Elimination of civil penalty. The Department, in administrative review, or the Appeals Board, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the statement of costs if any of the following apply:
Notwithstanding the right of the City to utilize in rem proceedings to pursue collection of the costs, fees and penalties in the statement of costs as a municipal claim, the person who is the owner of the property at the time of a summary abatement at the time the notice required by § 205-27D is given, or, in the case of abatement with prior notice, the person who was the owner of the property at the time notice of the existence of the public nuisance was given, shall be personally liable for the amount of the assessment, including all interest, other charges and, except as provided in § 205-34 (relating to notice of assessment and appeal of charges), civil penalties.
Whenever a public nuisance is abated by the City, the statement of the costs of the public nuisance shall include the City's actual cost of abatement, plus an administrative fee, not to exceed 10%, and a civil penalty. For the first abatement of a public nuisance upon any owner's property within the City in any two-year period, the civil penalty shall be $250. For second and subsequent abatements upon any properties of any owner within the City during any two-year period, the civil penalty shall be $500. The increased civil penalty shall be imposed and collected regardless of whether the second and subsequent public nuisances upon property or properties of an owner involve the same property or the public nuisances are of the same or different character.