[HISTORY: Adopted by the Borough Council
of the Borough of Conway 2-14-1983 by Ord. No. 393, approved 2-14-1983. Amendments
noted where applicable.]
The Zoning Officer shall, upon his finding that
a condition of any premises within the Borough constitutes a nuisance
or dangerous structure, give notice of such findings to the owner
or occupier to remove the nuisance or dangerous structure within a
period of 15 days from date of the notice, and, in default thereof,
the Zoning Officer may cause the same to be done.
The finding of the Zoning Officer that a condition
is in fact a nuisance or dangerous structure shall be binding upon
the owner or occupier of such premises unless an appeal is made by
the owner or occupier to the Borough Council with said period of 15
days, in which case all proceedings shall be stayed pending the action
of the Council on the finding of the Zoning Officer.
The Borough Council at a public meeting to be
held within 45 days after the appeal is filed shall hear the appeal
and make such order in the premises as it considers proper, and such
decision shall be final.
In the event of the default in the removal of
such nuisance or dangerous structure by the owner or occupier of the
premises upon which it is found, within the further period of 15 days
from the action of the Borough Council in sustaining such findings
of nuisance or dangerous structure, the Zoning Officer is hereby authorized
to proceed with the removal thereof for and on behalf of the Borough
and collect the cost thereof, together with a penalty of 10% of such
cost, in the manner provided by law.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but shall not be limited to, a building or structure
destroyed or partially destroyed by fire, explosion or other cause.
Any use of property within the Borough or any
condition upon any property within the Borough that, other than infrequently
or occasionally, shall cause or result in annoyance or disturbance
to persons beyond the boundaries of such property; danger and interference
to the public health and/or safety of persons in the Borough of Conway;
and/or disturbance to or interference with the peaceful use of the
property of others in the Borough; provided, however, that, in any
case, consideration of the location of the use or condition and nature
and condition of the surrounding neighborhood shall be taken.
The accumulation and open storage of garbage
and rubbish, including but not limited to nonlicensed vehicles, refrigerators,
stoves and household appliances and other items of personal property,
shall be conditions which may be determined to be a "nuisance" as
defined above.
Any natural person, partnership, association, firm or corporation.
It shall be unlawful for any person to create
or maintain any nuisance or dangerous structure anywhere within the
Borough of Conway.
Any person who shall violate any provision of this chapter shall be guilty of a summary offense and, upon conviction thereof before the District Magistrate, shall be sentenced to pay a fine of not less than $25 nor more than $300 and costs of prosecution and, in default of payment of such fine and costs, to be imprisoned in the county jail for a period not exceeding 30 days, provided that each day's continuance of the maintenance of any nuisance, after the expiration of 15 days referred to in § 84-4 of this chapter, shall constitute a separate violation.
The Council may, upon its determination, seek
relief or abate any nuisance that is determined pursuant to this chapter
in the courts of equity.
