Township of Muhlenberg, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 4-18-1988 by Ord. No. 241. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
Owner, for the purpose of this chapter, when the lessor holds the lessee responsible for maintenance and repair.
Any condition, structure, improvement or material which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Township of Muhlenberg or which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located.
The actual owner, agent or custodian of the property, whether individual or partnership, association or corporation.
A natural person, firm, partnership, association, corporation or other legal entity.
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises is located.
The enforcement officer/inspector is hereby empowered to inspect grounds on which a potential nuisance is located to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance, he shall issue a written notice to be served by registered or certified mail upon the owner of said premises or, if the owner's whereabouts or identity is unknown, by posting the notice conspicuously upon the offending premises.
Said notice shall specify the condition, structure or improvement constituting the nuisance which is complained of and shall require the owner to remove or otherwise abate the condition, structure or improvement, as set forth in said letter, within 10 days of the mailing or posting of said notice.
If the owner does not comply with the notice to abate the conditions within the time limit prescribed, the Township of Muhlenberg shall have the authority to take measures to correct the conditions and collect the costs of such corrections, including reasonable attorney's fees and engineering fees, plus 10% of all costs. The Township of Muhlenberg, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing. In addition, the Township of Muhlenberg shall have the right to enforce this chapter in law or equity, and such remedies shall be cumulative.
[Amended 11-7-1988 by Ord. No. 250[1]]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000 and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate offense.
Editor's Note: This ordinance also provided that the fines and penalties may be collected by suit brought in the name of the Township before any Justice of the Peace, in like manner as debts of like amount may be sued for by existing laws, and to remit such fines and penalties.
The remedies provided herein for the enforcement of this chapter or any remedy provided by law shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively at the option of the Board of Commissioners.