[HISTORY: Adopted by the Borough Council of the Borough of Moosic
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Moosic.
The duly appointed Code Enforcement Officer of the Borough of Moosic.
The duly appointed Health Inspector of the Borough of Moosic.
Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap
lead or scrap zinc, and other scrap metals and their alloys, bones, rags,
used cloth, used rubber, used rope, used tin foil, used bottles, old or used
machinery, used tools, used appliances, used fixtures, used utensils; used
lumber; used boxes or crates, used pipe and pipe fittings, used tires and
other manufactured goods that are so worn or deteriorated or obsolete so as
to make them unusable in their existing condition.
Any individual, corporation, partnership, association or business.
A.
It shall be unlawful for any person to store any rags,
bones or junk, excepted properly permitted and zoned, which may prove detrimental
to health within the limits of the Borough of Moosic. If any person shall
maintain or continue the storage or detention of rags, bones or junk, contrary
to the provisions of this section, the house or place of storage or detention
shall be declared a nuisance and the person maintaining or continuing such
nuisance shall be liable, upon conviction, to the punishment hereinafter provided.
This section shall not apply to temporary storage of rags, bones or junk by
private families or householders if the same be removed each and every week.
B.
It shall be unlawful for any person to maintain his/her
property in such a condition so as to be detrimental to the health and welfare
of other persons or the general public.
A.
It shall be the duty of the Health Inspector and/or Code
Enforcement Officer of the Borough of Moosic to investigate all nuisances,
either upon written complaint or upon his own initiative, and report to Moosic
Borough Council as to what action might be necessary. The said Code Enforcement
Officer and/or Health Inspector shall give the location of the property or
properties where the nuisance exists, together with the nature, character
and causes of the nuisances.
B.
At the expiration of the time for compliance by notice served in accord with § 206-5, for the abatement of the nuisance, the Code Enforcement Officer and/or Health Inspector shall reinspect the condition and report what action has been taken on the premises.
C.
The Health Inspector and/or Code Enforcement Officer
shall have the power and authority to enter upon any premises in the Borough
upon which there is reasonably suspected to exist any nuisance detrimental
to the public health and/or welfare for the purpose of examining and/or abating
the same.
A.
Whenever any nuisance is found to exist by the Code Enforcement
Officer and/or Health Inspector, he shall issue an order to abate such nuisance.
Such order shall be directed to the owner of the premises upon which the nuisance
exists or to the person committing or responsible for such nuisance.
B.
The order to abate a nuisance shall specify the time
within which the nuisance is to be removed or otherwise abated by the person
to whom the order is directed.
C.
In all case of nuisances to be removed by the agent,
occupiers or owners of property who have been notified to that effect, it
shall be understood that he or she shall commence the removal within the time
prescribed in the order or notice.
The Code Enforcement Officer and/or Health Inspector shall serve all
notices and orders concerning the abatement of nuisances upon the property
owners or agents. In the case of failure to find the property owner or agent
after diligent search, the Code Enforcement Officer and/or Health Inspector
shall leave such notice or order on the premises prominently displayed.
A.
Any person who disagrees with the decision of the Code
Enforcement Officer and/or Health Inspector may appeal to the Borough Council
of the Borough of Moosic for a review of the decision and hearing if so requested.
Such appeal must be filed to the Borough Council in writing within 10 days
after receipt of the notice or order of the Code Enforcement Officer and/or
Health Inspector. If said appeal is timely filed, compliance with the order
or notice shall not be required while the appeal is pending, except as hereinafter
provided.
B.
The Borough Council, after review and hearing, if requested,
may modify any order or notice or authorize a variance from the terms of the
order or notice when, because of special conditions, undue hardship would
result from literal enforcement and when such variance substantially meets
the spirit of this chapter.
C.
If the Code Enforcement Officer and/or Health Inspector
finds that there exists a violation of this chapter which creates an emergency
requiring immediate correction to protect the health, welfare and safety of
the residents of the Borough of Moosic, the Code Enforcement Officer and/or
Health Inspector may take immediate corrective action to abate the nuisance,
in accordance with procedures hereinafter described.
D.
Any person aggrieved by a decision of the Borough Council
may appeal said decision to the Court of Common Pleas of Lackawanna County
within 30 days of receipt of the decision of said Borough Council.
The Code Enforcement Officer and/or Health Inspector may reexamine the
property which is the subject matter of the order of abatement after the expiration
of time for compliance and if there are no appeals pending or there exists
a situation which creates an emergency requiring immediate correction to protect
the health, welfare and safety of the residents of the Borough of Moosic,
the Code Enforcement Officer and/or Health Inspector then may then abate such
nuisance by authorizing the nuisance to be corrected or removed in accordance
with the Borough Code, and all costs and expenses of abatement, together with
a surcharge of 20%, shall be collected either by filing of a lien against
the properties which are the subject matter of the abatement or by action
in assumpsit or otherwise in accordance with proper procedures as provided
by law.
Any person, firm or corporation who shall violate any provision of this
chapter shall be, upon conviction thereof, sentenced to pay a fine of not
more than $1,000, plus costs, and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. Each day that a violation
continues shall constitute a separate offense.
