[Ord. 770-09, 9/14/2009]
The Borough Council of the Borough of Hamburg hereby prohibits
and makes it unlawful for any nuisances, including but not limited
to junk, trash, garbage and/or dangerous structures, to be located
on any public or private grounds within the Borough of Hamburg.
[Ord. 770-09, 9/14/2009]
As used in this Part, the following terms shall have the meanings
indicated:
Borough of Hamburg, Berks County, Pennsylvania.
An abandoned or unoccupied building in a state of disrepair
which creates a danger to others and/or is unsightly.
Including, but not limited to, unused or abandoned machinery,
equipment or appliances, all forms of waste and refuse-type materials,
including scrap metal, tires, glass, industrial waste or the like,
that can be seen from any public street, highway, road, etc., located
within the Borough.
Unreasonable or unlawful use of private property which causes
injury, damage, hurt, inconvenience, annoyance or discomfort to any
person or resident affected by the same.
Including, but not limited to, trash, paper, cartons, boxes,
barrels (not actively used for lawful burning), wood, furniture, bedding,
metals, cans, etc., that can be seen from any public street, highway,
road, etc., located within the Borough.
[Ord. 770-09, 9/14/2009]
An initial determination as to the classification of a structure
or structures as a "dangerous structure" shall be made by the Borough
Code Enforcement Officer. Factors which shall be relied upon in making
said determination, while not exclusive, shall include the utilization
of the structure, the accessibility of the structure to children,
the likelihood of the structure, if left unattended, in becoming a
fire hazard to the community at large, the impact of the structure,
and the surrounding grounds, upon the community as a breeding place
for rodents, or other disease-carrying animals or insects, and the
condition of the premises at large which may, in the opinion of the
Code Enforcement Officer, impact upon the health, safety and welfare
of the inhabitants of the Borough.
[Ord. 770-09, 9/14/2009]
If the Code Enforcement Officer decides that a nuisance is in
existence, pursuant to the guidelines as hereinabove set forth, and
that said nuisance should be abated, or that a dangerous structure
should be removed or repaired, the Code Enforcement Officer shall
send a notice of the existence of the nuisance or dangerous structure
to the record owner of the structure or premises, together with any
known lessee thereof. In the event that the owner cannot be found,
the notice required pursuant to the terms of this Section shall be
made by posting such notice on the building or nuisance location at
a conspicuous location thereon.
[Ord. 770-09, 9/14/2009]
The content of the notice required pursuant to § 10-304 hereof shall include the date upon which the notice is given and shall clearly specify:
A.
The name of person(s)/entity who owns the subject premises and/or
dangerous structure and against whom the enforcement action is taken.
B.
Location (address) of the subject property in violation.
C.
Specific violations (requirements not being met) and applicable ordinance
provisions.
D.
The actions or repairs necessary to abate the said nuisance or repair
the dangerous structure.
E.
The required date of compliance with the notice and the completion
date, which may be the same date depending upon the circumstances.
F.
Notice that the owner may apply to the Borough Council of the Borough,
within 10 days from the date of the notice, for a hearing and, after
the hearing, if an adverse decision is rendered by the Borough Council
of the Borough, the right of the owner to appeal to the Court of Common
Pleas of Berks County, Pennsylvania.
G.
Notice that failure to comply with the instructions of the notice
within the time specified, unless said time is extended by order of
the Borough Council of the Borough, constitutes a violation of this
Part, which is punishable by a fine of not less than $100 nor more
than $300, plus costs of such proceedings. Each day of a violation
shall be deemed to constitute a separate offense.
[Ord. 770-09, 9/14/2009]
The owner of the premises shall, within 10 days after receipt
of the notice hereinabove set forth, abate the nuisance and/or commence
repairs or removal of the dangerous structure. Thereafter, a reasonable
time shall be allowed to the owner to repair or remove the dangerous
structure. The actual amount of time afforded to the owner to correct
the condition or structure shall be determined by the Code Enforcement
Officer, but in no event shall be less than 45 days nor more than
90 days.
[Ord. 770-09, 9/14/2009]
If the owner desires a hearing on said matter before the Borough
Council of the Borough, the said owner shall notify the Borough in
writing within 10 days after the date of said notice. A hearing shall
then be granted to the owner at a time to be fixed by the Borough
Council, but in no event later than 30 days after such request. During
the time required for a hearing hereunder, the time frame for repairs
as hereinabove set forth shall be stayed. After the hearing before
the Borough Council, the owner, in the event that an adverse decision
was rendered to the owner, shall have the right to appeal the decision
of the Borough Council to the Court of Common Pleas of Berks County,
Pennsylvania. Upon determination of the Borough Council pursuant to
the provisions of this Section, the time for repairs as hereinabove
set forth shall commence and shall continue to run unless stayed by
a further order of a court of competent jurisdiction. In addition,
the owner may take whatever legal steps he deems necessary to protect
his interest, provided that he notifies the Borough Council within
10 days of the receipt or posting of notices above-described of such
action.
[Ord. 770-09, 9/14/2009]
The Borough Council shall, in its decision to abate a nuisance
or order the removal or repair of a dangerous structure, state the
reasons which make this decision necessary, as hereinabove required.
[Ord. 770-09, 9/14/2009]
Upon the default or failure of the owner to abate the nuisance
or to remove or repair the structure as required, the Borough may,
in its sole discpetion, take such actions as are necessary to abate
the nuisance or remove or repair the dangerous structure. Such action
by the Borough shall be taken only upon 10 days' prior written
notice to the owner of the existence of a default by him in correcting
the nuisance or removing or repairing the dangerous structure, and
further of the Borough's intention to abate or remove the same.
The cost of such abatement or removal, together with a penalty of
10% of such costs, shall be levied upon the owner. The Borough shall
be authorized to contest the same in an action in assumpsit. The cost
of abatement/removal and the penalty may be entered as a lien against
such property in accordance with existing provisions of the law.
[Ord. 770-09, 9/14/2009]
Remedies afforded to the Borough pursuant to the terms of this
Part are not exclusive, and the Borough shall not be precluded hereby
from instituting proceedings in court, and hereby reserves its right
to pursue any other remedies, legal or equitable, that may otherwise
be available to the Borough.
[Ord. 770-09, 9/14/2009]
If the owner or responsible party, after receiving due notice,
refuses to comply with any of the provisions of this Part, said owner(s)
shall be subject to a fine of not less than $100 nor more than $300,
plus costs of such proceedings. The continuation of such violation
may be punishable as set forth for each separate offense. Each day
a violation exists constitutes a separate violation of this Part,
for which a separate fine may be assessed. The provisions of this
Part are nonexclusive, and the Borough reserves all other rights afforded
to it in this Part, or otherwise available at law or in equity.
