It shall be unlawful for any person to maintain
anywhere within the Borough of Edgewood any condition, structure or
place that shall constitute a nuisance or a menace to the public health,
safety or general welfare.
Whenever any condition, structure or place in
the Borough is found by the Board of Health to be a nuisance or a
danger or menace to the public health, safety or general welfare of
the people of the Borough, the said Board shall issue a written order
of abatement directed to the owner, or agent of the owner, or occupier
of the premises, as the case may be, stating that the conditions specified
therein constitute a nuisance or a menace to the public health, safety
or general welfare, and ordering an abatement or removal thereof within
such time as shall be specified by the Board in such order. Except
in those cases which the Board shall deem prejudicial to the public
health or safety and require sooner action, an appeal from such order
of abatement or removal may be taken to Borough Council, which, after
hearing upon such appeal, shall make such order as the Council considers
proper, all proceedings to be stayed pending action of the Council.
In the event there should be a default in compliance with the order
of abatement or removal issued, as hereinabove set forth, the Borough
may cause the same to be done and collect the cost thereof, together
with a penalty of 10% of such cost in the manner provided by law for
the collection of municipal claims, or by action of assumpsit, or
may seek relief by a bill in equity.
[Amended 8-1-2005 by Ord.
No. 1003]
Any person who shall violate any provision of
this chapter shall, for each and every such violation, be sentenced
to pay a fine of not more than $600 and costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days. Provided that each day that a nuisance or condition
constituting a menace to health or safety shall be permitted to continue
after the time fixed for abatement or removal of the same shall constitute
a separate violation. Provided, further, that the fine and costs prescribed
by this section may be in addition to any amounts collectible under
chapter.