[HISTORY: Adopted by the Borough Council of the Borough of Collingdale 6-18-1895 by Ord. No. 28; amended in its entirety 10-5-1987 by Ord. No. 568 (Ch. 1, Part 2E, of the 1987 Code of Ordinances). Subsequent amendments noted where applicable.]
The administration of the health laws and ordinances in the Borough of Collingdale shall be enforced by a board of health or health officer and/or a code officer.
The Borough's Health and Code Officers are hereby delegated with the powers of police officers regarding the enforcement of health- and code-related ordinances and shall function in accordance with the laws of criminal procedures.
A Board of Health is hereby established in and for the Borough. It shall be composed of five members, one of whom shall be a practicing physician for at least two years. The members of the Board shall be appointed by Borough Council for a term of five years, staggered in such a way that the term of one member shall expire at the end of each year. The aforesaid appointments for a specified term notwithstanding, a Board member may stay in office until a successor qualifies or is appointed or the Borough Council may remove any member of the Board, at the pleasure of the Borough Council. The members of the Board of Health shall serve without compensation. They shall severally take and subscribe to the oath of office prescribed by law and shall annually organize by electing a President who must be, and a secretary who need not be, a member of the Board. Members of the Board of Health need not give bond in order to assume office.
[Amended 8-4-1997 by Ord. No. 614]
The Board of Health shall have the power and its duty shall be to supervise the enforcement of the health laws of the commonwealth as well as the regulations of the State Department of Environmental Protection, the Department of Agriculture, including but not limited to Pennsylvania Code Title 7, Agriculture, Chapter 78, Food Establishments; the Department of Health and any and all state departments/agencies concerned with public health laws and regulations and all health ordinances in the Borough in accordance with 8 Pa.C.S.A. § 3106. In addition, the Board of Health shall function as a board of appeals for all appeals of the decisions of the Code Officer or Health Officer taken under Chapter 170, Construction Codes, Uniform.
Editor's Note: Former 7 Pa. Code § 78.1 et seq., was reserved with adoption of The Food Code, effective 12-13-2003; see now 7 Pa. Code Ch. 46 for relevant provisions.
The Secretary of the Board of Health shall perform the duties outlined in 8 Pa.C.S.A. § 3104 and shall receive such compensation as may be provided from time to time by the Borough Council.
The Board of Health, with the approval of Borough Council, shall appoint a Health Officer, who shall have been certified by the State Department of Health in accordance with the regulations of the Department in accordance with 8 Pa.C.S.A. § 3101 and 28 Pa. Code § 11.1. Such Health Officer shall have the powers and perform the duties provided by 8 Pa.C.S.A. § 3105. All official actions shall be performed in the name and under the signature of the Health Officer.
Procedures for handling nuisances. The Health Officer and/or Code Officer, upon receiving a complaint of the existence within the Borough of a nuisance which may affect the public health or which is or may be so offensive to the senses as to interfere with the comfort or enjoyment of life, or when the probable existence of any such nuisance comes to his attention, shall make an immediate and thorough investigation, and if such nuisance exists, he shall take all measures within his power and authority to secure its abatement.
Investigation. The Health Code Officer shall make or cause to be made such surveys, investigations, inspections and visits as he may deem necessary to ascertain the existence of a nuisance within the Borough or to prevent the occurrence of a nuisance within the Borough by securing compliance with the provisions of this Code.
The Health Code Officer shall collect or cause to be collected and shall analyze or cause to have analyzed all samples, specimens, materials or substances from any premises whatsoever wherein or whereon a nuisance is suspected to exist for the purpose or determining the existence of a nuisance or noncompliance with this Code.
Authority of the Health Code Officer. Whenever any declared nuisance, source of filth, or cause or probable cause of sickness shall be found by the Board of Health to exist on any private or public property within the Borough in violation of this Code, which violation injuriously affects or may affect the health of the residents of the Borough, the Board of Health shall order in writing the owner or occupant or user thereof by appropriate action, at the expense of such owner, occupant or user, to correct and remove such nuisance, source of filth or cause of probable sickness within such reasonable time as the Board of Health shall determine. Appropriate citations and/or complaints may be issued by the Health Code Officer in connection with any such violation.
Enforcement; service of notices and orders; hearings. Whenever the Health Code Officer determines that there are reasonable grounds to believe that there has been a violation of any health-related provision or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
Be in writing.
Include a statement of the reasons why it is being issued.
Allow a reasonable time for the performance of any act it requires.
Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is sent by registered mail to his last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state.
Such notice may:
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of the Borough and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any health-related provision of the Borough, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on this matter before the Board of Health, provided that such person shall file in the office of the Board of Health a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day of the notice was served. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Board of Health shall sustain, modify or withdraw the notice, depending upon its finding as to whether the health-related provisions of this Borough and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A of this section, shall automatically become an order if a written petition for a hearing is not filed with the Board of Health within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing and entered as a matter of public record. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction.
Whenever the Health Officer/Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of the Borough, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board of Health shall be afforded a hearing as soon as possible. After such hearing, depending upon its finding as to whether the provisions of the Borough and of the rules and regulations adopted pursuant thereto have been complied with, the Board of Health shall continue such order in effect or modify it or revoke it. All such hearings before the Board of Health shall be scheduled within 10 days of the date that the petition is filed.
The Borough of Collingdale Health Officer is hereby empowered to issue notification of violations of the Borough's health-related provisions and any amendments thereto. Such notification shall be in the form and substance as suggested by the Board of Health. Thereafter, the Borough Health Officer shall:
See that the directives of the notification are carried out.
In the absence of compliance and if no hearing is requested before the Board of Health, the Health Officer shall file with the appropriate court a citation setting forth the provisions violated, the amount of the fine and the date.
Offer such testimony and proof as is necessary to satisfy the provisions of this section.
Violations. Failure to secure a permit when required or operating after suspension or revocation of a permit by the Board of Health of Collingdale Borough shall constitute a violation of this chapter. When written notice of a violation of any of the health-related provisions of the Borough has been served upon any person; such violation shall be discontinued immediately.