[Adopted 8-9-1965 by Ord. No. 9-1965 (Ch. 10, Part 4, of the 1993 Code)]
[Amended 7-7-1993 by Ord. No. 791]
Whenever a building, structure, excavation, premises, business, pursuit, matter or thing, or the sewerage, drainage or ventilation thereof, in the opinion of the Code Enforcement Officer and/or the Borough Engineer, either in whole or in part is in a condition or in effect dangerous to life or health, such officer may declare the same, to the extent necessary, to be a public nuisance and dangerous to life and health, and may order the same to be removed, abated, suspended, altered or otherwise improved or purified, and shall cause said order, before its execution, to be served as the Borough Council of Irwin shall direct on the owner, agent, occupant or tenant thereof or some of them, if said parties or any of them are in such Borough and can be found. If the party so served shall, before its execution is commenced, apply to said Borough Council to have said order or its execution stayed or modified, the said Borough Council may temporarily suspend or modify said order and give to such party, as the case in the opinion of the Council may require, a reasonable and fair opportunity to be heard before said Borough Council and to present proofs and facts against said declaration and the execution of said order or in favor of its modification. The Council shall enter upon its minutes such facts and proofs as it may receive and its proceedings on such hearing and thereafter may rescind, modify or reaffirm its said declaration and order and require execution of said original or of a new modified order to be made in such form and effect as it may finally determine. Notwithstanding any other provisions of this article, no person shall cause any motor vehicle, registered or unregistered, licensed or unlicensed, inspected or uninspected, to be parked for any reason whatsoever upon the lawn or yard area of any dwelling or building, including, but not limited to, residential areas, commercial establishments, businesses or other. Any person who shall violate this section, upon conviction thereof, shall be sentenced as provided in § 169-4 of this article. In addition to the prohibitions heretofore stated, it shall be unlawful for any person to park, store or otherwise keep any unregistered, unlicensed, uninspected or wrecked motor vehicle upon any public right-of-way or upon any visible private property for a period in excess of 20 days. Any person who shall violate this section, upon conviction, shall be sentenced as provided in § 169-4 of this article.
[Amended 7-7-1993 by Ord. No. 791]
In the event an order from the Borough Council of Irwin is not carried out, and the nuisance as described is not abated, such person as the Council shall direct, or his agents or workmen, may enter upon the premises whereon the nuisance exists for the purpose of abating the same.
The costs and expenses, plus 10%, of the removal of nuisances shall be recoverable from the owner of the premises from which the nuisance shall be removed or from any person causing or maintaining the same. The amount of the cost and expenses, plus 10% thereof, shall be a lien upon the premises which has caused the nuisance or from which the nuisance shall be removed from the time of the commencement of the work, which date shall be fixed by certificate of the Mayor filed with the Borough Secretary. Such lien may be filed and proceeded in as provided by law in the case of municipal liens.
[Amended 5-12-1975 by Ord. No. 620; 7-7-1993 by Ord. No. 791]
Any person who shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.