Borough Council hereby finds that disruptive properties place
a substantial unacceptable threat and burden on the common health,
safety, and welfare of the citizens of the Borough of Mount Oliver.
To this end, Borough Council hereby authorizes and directs the Chief
of Police, or his designee, as provided in the following sections,
to charge the cost of law enforcement resulting from authorities being
called to a disruptive property to the property owner in order to
deter repeated violation of state and local law, and to pursue charges
against the owner and/or occupant of a disruptive property when disruptive
activity (as defined herein) remains unabated over an unreasonably
long period of time. Nothing in this article is intended to deter
individuals within the Borough from requesting public safety services
when they are in legitimate need of such.
[Amended 10-15-2018 by Ord. No. 974]
A. The Chief of Police shall provide notice to the property owner(s),
tenant(s) and/or occupant(s) once a property has been declared disruptive.
A separate notice shall be provided to the property owner(s), tenant(s)
and/or occupant(s) for each subsequent citation, summons, or arrest
made for a disruptive activity occurring on the property, so long
as it continues to be declared disruptive.
B. With respect to a property owner, the notice identified in Subsection
A shall be deemed to be properly delivered if sent either by first-class mail to the property owner's registered address or, if unavailable, to the property owner's last-known address or as may be found in public records, or if delivered in person to the property owner. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential disruptive property and a copy of the notice is sent via first-class mail to the last-known address of the property owner. With respect to a tenant or occupant, the notice identified in Subsection
A shall be deemed to be properly delivered if sent by first-class mail to the potential disruptive property.
C. The notice required by Subsection
A shall contain the following information:
(1)Â The street address or legal description sufficient for identification
of the property;
(2)Â A statement that the property is declared as a disruptive property
and a description of the disruptive activity and the date on which
the citations, summonses, or arrests were made resulting in that declaration;
(3)Â A statement that the occurrence of any subsequent disruptive activity
at this property within 12 months following the date of the notice
may result in the property owner being charged with the costs of the
administration and law enforcement actions taken by the Borough in
response to the disruptive activity;
(4) Notice of the property owner's, tenant's and/or occupant's rights to appeal pursuant to §Â
87-22 of this chapter and to obtain, upon written request for such, copies of all documentation supporting the Chief of Police's determination that disruptive activity has occurred at the property; and
(5)Â A statement that the property owner shall, within 10 business days
of the date of the notice, respond to the Chief of Police, in writing,
stating either:
(a)Â
The intent of the property owner to appeal the finding of the
Chief of Police or his/her designee; or
(b)Â
A proposal detailing a course of action by which disruptive
activities will be abated at the property.
[Amended 10-15-2018 by Ord. No. 974]
A. Any property owner who receives a notice of the issuance of a citation, summons, or arrest for a disruptive activity at his/her property, a notice declaring his/her property a disruptive property, or an invoice for costs of providing public safety services to a disruptive property may, within 10 business days of the service date of the notice, appeal the notice to the Disruptive Property Appeals Board pursuant to Article
VIII. The Board shall conduct a hearing and render a decision in accordance with Borough ordinances and regulations governing its conduct and procedure. The property owner may prevail on appeal of any notice if the owner demonstrates that:
(1)Â He/she was not the owner at the time of any of the disruptive activity
that was the basis for the notice;
(2)Â He/she had knowledge of the disruptive activity but promptly took
all actions necessary to prevent the occurrence of future disruptive
activity; or
(3)Â He/she had no knowledge of the disruptive activity and could not,
with reasonable care and diligence, have known that the activity;
and upon receipt of the notice of the declaration of the property
as a disruptive property, he/she promptly took all actions necessary
to prevent the occurrence of future disruptive activity.
B. Any tenant or occupant who receives a notice of the issuance of a citation, summons, or arrest for a disruptive activity at his/her residence or a notice declaring his/her residence a disruptive property may, within 10 business days of the service date of the notice, appeal the notice to the Disruptive Property Appeals Board pursuant to Article
VIII. The Board shall conduct a hearing and render a decision in accordance with Borough ordinances and regulations governing its conduct and procedure. The tenant or occupant may prevail on appeal of any notice if the tenant or occupant demonstrates that the disruptive activity that was the basis for the notice does not constitute "disruptive activity" within the meaning of this article.
C. Upon appeal of a notice declaring property a disruptive property,
or an invoice for costs of providing public safety services to a disruptive
property, if a property owner, tenant or occupant is able to demonstrate
to the Board that one or more of the citations, summonses, or arrests
for disruptive activity, which were the basis of the declaration of
disruptive property, is subject to a "not guilty" plea by the offending
party, then the Board shall order a stay of any/all further enforcement
of this chapter by the Borough pending a determination by the District
Magistrate or Allegheny County Court of Common Pleas on the citation
or summons. If the offending party is found to be "not guilty" on
one or more of the citations or summons, then the property will no
longer be classified as a disruptive property.
The declaration of a disruptive property or the charging or
assessment of costs by the Borough on a property under this article
does not affect or limit the Borough's rights or authority to bring
criminal prosecution or other legal action against any person or violation
of the Mount Oliver Code.