[Amended 4-25-2002]
The Property Maintenance Officer of the Borough
is hereby designated as the officer charged with the enforcement of
this chapter and is hereinafter referred to as the "enforcement officer."
Whenever the enforcement officer determines
that there is or has been a violation of any provision of this chapter,
he shall give notice of such violation to the person, persons or entities
responsible therefor under this chapter. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax lists of the municipality, or a copy
thereof handed to such person or persons, or a copy thereof left at
the usual place of abode or office of such persons or entities. Notice
shall be given as aforesaid within or without the municipality. The
notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice (exclusive of the date of service) a summons shall
be issued for such violation. The enforcement officer may, at the
time he issues the notice, extend the period for compliance with the
violation stated in the notice for a period in excess of the aforesaid
10 days if, in his judgment, the abatement, removal, prevention, cessation
of or cure of the condition violated cannot reasonably be effected
within the ten-day period. In such cases the enforcement officer shall
state such reasonably required extended period in the notice, which
shall then be applicable instead of the aforesaid 10 days. In the
event that the violation is not abated, removed, cured, prevented
or desisted from or otherwise fully remedied within the ten-day period
or within such period as set forth in the notice, pursuant to the
foregoing, a summons shall then issue against the person, persons,
entity or entities so notified.
Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in § 199-17 reciting the existence of such an emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon objection in writing to the enforcement officer, any such persons shall be afforded a hearing before the Governing Body of the Borough as soon as is reasonably possible. After such a hearing and decision by the Governing Body as to the existence or nonexistence of the emergency condition, the Governing Body may continue such order in effect, or modify or withdraw it, subject to issuance of a summons for violation thereof, if such order is continued.
