[Adopted 10-18-1973[1]]
[1]
Editor's Note: The provisions of this article are derived from Ch. XXVIII of the former Revised Sanitary Code, 1973, adopted 10-18-1973.
It is intended that the terms "license" and "permit," wherever used herein, be synonymous if in the interpretation of any part hereof such construction is required to carry out the manifest intent and purpose of this Part III.
Each application for a license, permit or certificate shall be filed at the office of the Board during regular office hours on approved forms, where required by the Board, and any fee required shall be paid at the time of filing such application.
A. 
Licenses, permits and certificates covered in this Part III include the licenses, permits and certificates required under this Part III and of other ordinances of the Board and those required by the borough, the State Health Department and the state which fall within the Board's purview or authority to administer.
B. 
The grant of licenses, permits and certificates, other than marriage licenses and burial and disinterment permits, shall take place pursuant to official action by the Board at one of its official meetings unless specifically assigned by the Board to the Health Officer or inspectors.
C. 
The processing of any license, permit or certificate may be deferred for a reasonable time by the Board, the Health Officer or inspectors pending examination, investigation or inspection of the premises which is the subject of the license, permit or certificate under consideration.
D. 
The Board, the Health Officer or the inspectors, as the case may be, shall, for good cause, withhold the issuance of any license, certificate or permit.
E. 
Each license, permit or certificate issued under any section of this Part III shall be valid only for the balance of the calendar year in which it is issued, unless otherwise provided herein. No such license, permit or certificate shall be transferable or assignable. All yearly license renewals must be applied for not later than January 15 of any given year.
F. 
The Board shall evidence the granting of any license, permit or certificate issued by furnishing to the licensee, permittee or certificate holder a suitable certificate, card, sign, placard, disc, plate or decal which shall convey the information concerning the nature of such license, permit or certificate, the serial number of the same, the name of the person to whom the same has been issued, the year in which the same is so issued, the premises or vehicle so licensed and such other information as the Board may deem pertinent.
G. 
Every license, permit or certificate issued by the Board for any premises or vehicles shall be displayed in a conspicuous place therein or thereon for the period that said license, permit or certificate shall be in force, unless the Board shall otherwise prescribe.
The Health Officer and appropriate inspectors may inspect any licensed premises or vehicle at any and all reasonable times in the manner provided by law and may require any person engaged in any activity regulated by this Part III to produce or display the license, permit or certificate required to engage in such activity.
A. 
Whenever a nuisance, as declared by this Part III, is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein. If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
B. 
Whenever a nuisance, as declared by this Part III, is found on any public property or on any highway or any other public premises or place, notice, in writing, shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board may remove or abate such nuisance in the manner provided herein in the case of a like condition existing on a private premises or place.
C. 
If the owner, tenant or occupant, upon being notified as provided herein, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board may proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said Board shall deem proper.
D. 
The Board may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance, as declared by this Part III, from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after due notice and notification as herein provided, shall have failed to remove or to abate the same within the time specified in such notice.
A. 
Notice.
(1) 
Whenever the Board or the Health Officer determines that there are reasonable grounds to believe that a licensee, permittee or certificate holder is operating in violation of the provisions of this Part III as to warrant a suspension or revocation of such license, permit or certificate, the Board or Health Officer shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided.
(2) 
Such notice shall:
(a) 
Be in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
State that unless, within 10 days from the service of the notice, a written request is made for a hearing before the Board, said notice shall, at the expiration of such ten-day period, be deemed an order of suspension of such license, permit or certificate and, in addition, shall be deemed an order to cease and desist from and abate the described violation.
(d) 
Prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Part III.
(3) 
The notice shall be served upon the licensee, permittee or certificate holder, provided that such notice shall be deemed to be properly served if a copy thereof is served upon such person personally or sent by certified or registered mail to his last known address or posted in a conspicuous place in or about the premises affected by the notice.
B. 
At any hearing held before the Board of Health pursuant to the provisions of Subsection A above, the Board of Health shall be vested with the powers provided by law to issue subpoenas, to compel the attendance of witnesses and parties in interest and to require the production of books, records and other documents which may be pertinent to matters to be determined by the Board.
C. 
Any person given notice pursuant to Subsection A above shall be entitled to a hearing, if requested, before the Board.
D. 
If such hearing is requested, it shall be commenced not later than 10 days after request therefor is made, provided that, for good cause, the Board may postpone such hearing for a reasonable time.
E. 
If, after hearing, the Board finds that no violation exists, it shall withdraw the notice.
F. 
If the Board finds that a violation does exist, it shall enter and issue an order requiring the abatement of the same within a prescribed reasonable time and may enter and issue an order suspending or revoking the license, permit or certificate affected until said violation has been abated or for a specified period of time, in the discretion of the Board.
G. 
The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board.
H. 
Whenever the Board finds that an emergency exists which requires immediate attention to protect the public health or safety, it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring such action as it deems necessary to meet the emergency, including, in the discretion of the Board, the suspension of any license, permit or certificate subject to the provisions of this Part III. Notwithstanding any other provisions of this Part III, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the Board, shall be afforded a hearing as soon as possible. After such hearing, the Board shall continue such order in effect or modify or withdraw it.
[Amended 12-28-1987; 5-23-1996 by Ord. No. 96-1; 4-2-2009 by Ord. No. 11-09; 10-14-2014 by Ord. No. 13-14; 6-13-2017 by Ord. No. 7-17]
A. 
All of the fees required to be paid under the terms hereof are annual fees and shall cover the respective calendar year. There shall be no apportionment or abatement of the fee for any license, permit or certificate granted after the first day of January in any year.
B. 
All yearly license or permit renewal fees shall be paid by January 15 of any given year.
C. 
For good and sufficient reason given, the Board may waive or reduce the fees for any particular case or class of cases.
D. 
The schedule of fees for permits and/or licenses shall be as follows:
[Amended 10-21-2021 by BOH Ord. No. 2021-3]
Description
Fee
Food establishment
Bakery, meat market, poultry market, fish market, fruit market, vegetable market, delicatessen, grocery store or public food market (or similar places in which food or drink is prepared, served, handled, sold or provided for the public) (2 part-time employees equal 1 full-time employee):
With less than 5 employees
$100
5 to 10 employees
$125
11 to 20 employees
$150
More than 20 employees
$250
Eating establishment
Including a restaurant, coffee shop, cafeteria, short-order cafe, diner, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub or industrial feeding establishment (private, public or nonprofit organization or institution serving food; catering kitchen; or commissary) with seating capacity of:
1 to 50 persons
$150
51 to 100 persons
$250
101 to 200 persons
$300
More than 200 persons
$375
Food caterers
Mobile, box lunch
$75
Premises
$100
Packaged foods, liquors, sweets, candies and gums
Selling and distributing
$75
Milk and dairy products
Sale and distribution
$15
Dairy vehicle
$30
Drugstores
$55
Bakery trucks
$40
Vending machines, each
$45
Keeping of small animals
Grooming store, pet store or veterinary office
$40
Health clubs
Including body wraps and tanning salon
$45
Schools (private), per student
$0.50
Cleaners and laundries
$75 each premises
Dog licenses
Spayed/neutered
$5
Not spayed/neutered
$10
Late fee (after March 1 of each year)
$10
Vicious or potentially dangerous dog
$150
Dog park membership tags
Resident
$5
Nonresident
$10
Replacement tag
$1
Cat licenses
Spayed/neutered
$5
Not spayed/neutered
$10
Late fee (after March 1 of each year)
$10
Certified copies
Marriage, birth and death certificates, each
$15 first copy
Each additional copy
$10
Burial permits, each
$15
Tattooing and body piercing parlors
$750
[Amended 5-23-1996 by Ord. No. 96-1]
A. 
Except as otherwise provided in this Part III, any person who shall in any manner, by deed, act or act of commission or omission, violate any one or more of the provisions of this Part III shall, upon conviction thereof, be subject to a penalty of not less than $50 and not more than $500. A second conviction for the same offense shall carry with it a penalty of not less than $75, nor more than $1,000.
B. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
This Board, through its Health Officer or inspectors or properly appointed agents, shall have the right to enter in or upon any building or premises at any reasonable hour, in accordance with law, to determine whether the provisions of this Part III are being followed or obeyed.
A. 
The Board may from time to time adopt such rules and regulations as permitted, authorized or empowered by law which shall aid in the enforcement of this Part III.
B. 
The Board may from time to time amend, supplement or implement this Part III with other provisions amendatory thereof or supplementary thereto.
C. 
The Board may from time to time, by general resolution, suspend or declare inoperative any provisions of this Part III which, in its judgment, are not for the time being required for the protection of the health of the borough.
D. 
A number of codes are being included and may be included in the future for adoption by reference as authorized by state statutes. These shall have been or shall be specifically identified. three copies of said codes have been or will be placed on file in the office of the Secretary of the Board upon the introduction of the respective ordinance and will remain on file in said office for the use and examination by the public.
E. 
No provisions of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
F. 
The adoption of this Part III shall not invalidate the requirements of existing codes and ordinances for the periods during which they are applicable and pertinent.