[Adopted 7-3-2003 by Ord. No. 483 (Ch. 11, Part 7, of the
1973 Code of Ordinances)]
As used in this article, certain terms are defined as follows:
Borough of Kenhorst.
A lot, plot or parcel of land including any structures thereon.
Stagnant water in pools in which mosquitoes, flies or other
insects may multiply including, but not limited to, open containers,
sewage lagoons, ditches, roof gutters, wheelbarrows, bird baths, ornamental
pools, swimming pools, vegetation, weeds and grass in excess of 10
inches in height (except as may be otherwise provided in wetlands
and environmental ordinances and statutes).
[Amended 12-1-2016 by Ord. No. 582]
That which is built or constructed or a portion thereof.
Any person, firm, partnership or corporation having legal
title or equitable interest in a structure and/or premises as recorded
in the official records of the state, county or municipality; or guardian
of the estate of any such person, or the executor or administrator
of the estate of such person if in possession of real property as
a fiduciary or heir.
Any stagnant water pool:
It shall be unlawful for any titled owner to permit or maintain
stagnant water pool upon any premises or structure as defined herein
in the Borough and upon conviction for a violation thereof shall be
subject to the penalties provided under this article.
The Borough Code Enforcement Officer shall enforce this article.
A.
Whenever a violation of this article is found or believed to exist,
the enforcement official shall give written notice to the titled owner
personally, or by mail addressed to him/her at his/her last known
address, or by posting said written notice thereof upon the premises
involved.
B.
Required notice shall identify the premises, specifically state the
reason why notice is being issued with relevant section(s) of this
article, include a correction order allowing a reasonable time to
achieve compliance with this article and set forth that any appeal
must be in writing to the Borough Secretary, 339 South Kenhorst Boulevard,
Kenhorst, Pennsylvania 19607, within the time set forth for compliance.
Failure to timely request an appeal in writing will be deemed a waiver
of the appeal.
Upon failure, neglect or refusal of any titled owner so notified
to comply with any and all applicable sections of this article, the
Enforcement Official is authorized to prepare appropriate work orders
for performance of work by authorized Borough employees or contracted
workers to effect compliance and abatement of any nuisance on the
subject premises, including entry onto private property. After said
compliance work is completed, statements for work performed shall
be prepared by the Borough Secretary. Said statements shall indicate
the description of the premises, titled owner, the cost of work performed,
administrative charge, disposal costs and all other costs, if any,
and shall be filed as a lien against the premises affected, and such
lien shall continue in force until the full amount thereof, together
with interest at the rate of 6% per annum, is paid in full.
In addition to the lien provided for herein, whoever violates or fails to comply with the provisions of this article shall be, upon conviction thereof, punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code, plus liable costs and restitution as determined for work performed and charges assessed and/or paid by the Borough of Kenhorst. All fines, restitution and Borough charges imposed and collected under the provisions of this article shall be paid to the Borough. Each day that an offense/violation continues shall constitute a separate offense/violation.
