[Ord. 1975-11, 5/21/1975, § 1; as amended by Ord.
1975-19, 10/6/1975]
Any natural person, or any partnership, association, firm
or corporation who or which owns or is in possession or control of
any property within the Borough of Doylestown.
A motor vehicle or parts thereof which has been voluntarily
relinquished by its owner, with the intention of terminating his ownership,
possession and control, without vesting ownership in any other person.
Any motor vehicle or parts thereof not in full and complete
working order, without current registration plates or a valid current
Pennsylvania State Inspection sticker left or stored in the open and
not in a fully enclosed building.
[Ord. 1975-11, 5/21/1975, § 2]
It shall be unlawful for any person, on public or private property,
to create, maintain, allow or fail to remove or abate, upon notice
to do so, any nuisance (including, but not limited to, accumulations
of garbage, rubbish, or other refuse materials and the storage of
abandoned or junked automobiles) unless the same be authorized in
conjunction with a business properly operated pursuant to the zoning
ordinance and other ordinances of the Borough of Doylestown.
[Ord. 1975-11, 5/21/1975, § 2; as added by Ord.
1988-14, 6/20/1988]
It shall be unlawful for any person to use or operate or for the owner, tenant, proprietor, or other person in charge of any commercial or industrial enterprise or establishment to permit the use or operation of any truck, truck tractor, or combination of vehicles of the types described and set forth in 75 Pa.C.S.A. § 4941(b) and (c) (The Vehicle Code) in a stopped or stationary position with its engine running or with any special mobile equipment, including but not limited to refrigeration equipment, in operation, when such vehicle is upon private property for the purpose of delivery or pick up of goods, wares or merchandise to or from any commercial or industrial operation or enterprise within 300 feet of any residential zoning district or use as defined in the Zoning Ordinance of the Borough of Doylestown, between the hours of 11:00 p.m. and 7:00 a.m. of any day, where a parking area upon such property in excess of 300 feet from such residential district or use is reasonably available to such person. The provisions of §§ 303, 304, 305, 306 and 307 of this Part 3 shall not be applicable to violations of this Section.
[Ord. 1975-11, 5/21/1975, § 3]
It shall be the duty of the Borough Manager to inspect, or cause
to be inspected, all properties within the Borough of Doylestown as
often as may be necessary for the purpose of ascertaining and causing
to be corrected any condition which shall constitute such a nuisance.
[Ord. 1975-11, 5/21/1975, § 4]
Upon determination made by the Borough Manager that such a nuisance
does exist, in fact, he shall send written notice to such person who
is the owner or who is in possession or control of the property upon
which the nuisance exists directing such person to remove or abate
such nuisance within 30 days from receipt of such written notice.
[Ord. 1975-11, 5/21/1975, § 5]
Notice shall be given by personal service or by letter sent
via certified mail to the last known address of the person who is
the owner or who is in possession or control of the property on which
the nuisance is found to exist. In the event that after diligent search,
the address of all such persons cannot be ascertained, the posting
of the said notice or copy thereof on the property on which the nuisance
is found to exist shall constitute sufficient notice.
[Ord. 1975-11, 5/21/1975, § 6]
Within 20 days after receipt or notice, after which time the
order of the Borough Manager shall be conclusive for the purposes
of this Part 3, any person may appeal the order of the Borough Manager
and request a hearing before the Council of the Borough of Doylestown
by filing a written notice of appeal and request at the Borough Office.
If a majority of the members of Borough Council present at said hearing,
determines that such a nuisance does exist, in fact, the order of
the Borough Manager shall be affirmed and such person shall, within
10 days after said hearing remove or abate the nuisance. If a majority
of the members of Borough Council, present at said hearing, determines
that a nuisance does not exist, in fact, the order of the Borough
Manager shall be overruled or dismissed.
[Ord. 1975-11, 5/21/1975, § 7]
If the violation complained of shall not have been remedied
within the period as required by order of the Borough Manager, or
Borough Council in the case of an appeal, the Borough of Doylestown
shall, through its own agents, contractors and employees, remove or
abate the nuisance and charge the cost thereof to such person as owns
or is in possession or control of the property on which the nuisance
exists. Said costs shall, after a proper demand and refusal or failure
to pay after 30 days, constitute a municipal lien on the said property
which shall be filed by the Borough Solicitor.
[Ord. 1975-11, 5/21/1975, § 8; as amended by Ord.
1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision
of this Part 3 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 3 continues
shall constitute a separate offense.
