The Mayor is hereby designated to supervise and direct all inspections,
regulations, enforcements and hearings on violation of the provisions
of this code, unless expressly stated to the contrary. Other public
officials or employees of the Borough may be designated by the Mayor
to perform duties as may be necessary to the enforcement of this code,
including the making of inspections and holding of hearings.
All buildings and premises subject to this code are subject
to inspections from time to time by the enforcing officer of the Borough.
At the time of such inspections, part of the premises must be available
and accessible for such inspections, and the owner, operator and occupant
are required to provide the necessary arrangements to facilitate such
inspections.
Enforcement officials and officers shall be supplied with official
identification and, upon request, shall exhibit such identification
when entering any structure or any part of any premises subject to
this code. Inspectors shall conduct themselves so as to avoid intentional
embarrassment or inconvenience to occupants.
Where the enforcing official or his agent is refused entry or
access or is otherwise impeded or prevented by the owner, occupant
or operator from conducting an inspection of the premises, such person
shall be in violation of this code and subject to the penalties hereunder.
In addition to the provisions of § 197-15, enforcing officials may, upon affidavit, apply to the Municipal Judge of the Borough of Somerdale for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this code exists on the premises; and if the Judge is satisfied as to the matter set forth in said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
Where a violation of this code or the regulations hereunder
is found to exist, a written notice from the enforcing official shall
be served on the person, persons or agent responsible for the correction
thereof.
A.
Contents of notice of violation and order to correct. This notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed 30 days, to correct or abate the violations, the right of the person served to request a hearing and that the notice shall become an order in five days after service unless a hearing is requested pursuant to Subsection C. The notice shall also advise the recipient that if the violation is not corrected or abated, the Borough may do the same, the cost of which shall become a lien on the subject property.
B.
Service of notice. Notice may be served personally or by prepaid
telegram or by mail with postage prepaid, addressed to the last known
address of the person to be served. In case the premises is occupied,
notice may be accomplished by posting upon the front door of the structure.
Where it is ascertained that the owner does not reside on the premises,
the last known address shall be the address of the owner as shown
in the office of the Tax Collector. If the last known address cannot
be ascertained, service may be accomplished by mailing the notice
with postage prepaid to the mortgagee, if there is one, and by posting
the notice on the front door of the premises and printing the notice
in the legal advertising media at last one time. The enforcing officer
shall file and provide notice to any owner, operator, occupant or
agent of any violation at any address other than the last known address
provided hereunder if such other address is filed with the enforcing
officer personally or by certified mail addressed to the enforcing
officer. Service upon an owner, operator, occupant or agent may also
be attained by service of any notice upon a member of the family over
14 years old of the owner, operator, occupant or agent. The date of
service of the notice shall be determined where service is by mail
as of the day following the day of mailing for notices to addresses
within the Borough and as of the third day after the day of mailing
for notices to addresses outside the Borough. Where the day of service
would fall upon a Sunday or other day where mail is not ordinarily
delivered, then the day of service shall be the next regular delivery
day.
C.
Notice to become an order unless hearing requested. An appeal hearing
may be requested within five days of service of a notice of violation
and order to correct. The hearing must be requested in writing and
filed with the Borough Administrator. This aforementioned request
must consist of the factual matters contained in the notice of violation
and order to correct which are to be disputed at the hearing. The
Borough Administrator or his designated agent, upon receipt of the
request, shall, within 15 days, set down a date for the hearing and
notify all parties involved.
D.
Determination at hearing. At any hearing provided hereunder, the
Mayor or his designated agent shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena or secure any order
for the enforcement of any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
Mayor or his designated agent shall issue an order wither incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing the notice.
The Mayor or his designated agent may extend the time for correction
or abatement of the violations for an additional period of time not
to exceed 30 days, except where major capital improvements or renovations
are involved, in which instance the time for completion may be extended
for a period not to exceed 90 days beyond the expiration date of the
original notice.
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Mayor or his designated agent
may either abate the violation or condition immediately or order the
owner, operator, occupant or agent to correct the violation or condition
within period of time not to exceed three days, and, upon failure
to do so, the Mayor or his designated agent shall abate the condition
immediately thereafter.
Where abatement of any nuisance, as defined herein, correction
of a defect in the premises or the maintenance of the premises in
a proper condition so as to conform to municipal ordinances or state
law applicable thereto requires expending Borough moneys therefor,
the enforcing officer shall present a report of work proposed to be
done to accomplish the foregoing to the Mayor or his designated agent
with an estimate of cost thereof, along with the summary of the proceedings
undertaken by the enforcing officer to secure compliance, including
notices served upon the owners, operators, lessors or agents, as the
case may be, and hearings and orders of the Mayor or his designated
agent with reference thereto. The Mayor or his designated agent may
thereupon order the abatement of the nuisance, correction of the defect
or work necessary to place the premises in proper condition and in
compliance with ordinances of the Borough and laws of the state. The
enforcing officer may thereafter proceed to have the work performed
in accordance with the order at Borough expense, not to exceed the
amount specified in the order, and shall, upon completion thereof,
submit a report of the moneys expended and costs to the Mayor or his
designated agent. After review of the same, the Borough Council may
approve the expenses and costs, whereupon the same shall become a
lien against the premises, collectible as provided by law. A copy
of the resolution approving the expenses and costs shall be certified
by the Borough Clerk and filed with the Tax Collector of the Borough,
who shall be responsible for the collection thereof, and a copy of
this resolution shall be sent by certified mail to the owner.
Where there exists a violation of this code, an owner or operator,
upon receipt of a notice of violation, if unable to eliminate the
violation by peaceable means within the period of time specified in
said notice, shall commence, within such period, legal action to dispossess,
evict or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
A.
Notwithstanding the requirements of § 197-17, violations of §§ 197-9E and 197-10C may be prosecuted without notice by the filing of a complaint by the enforcing officer in Municipal Court. No notice shall be required on the enforcement of §§ 197-9E and 197-10C hereof as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots, and parking areas used by pedestrians and automobiles where such snow or ice remains uncleared within 24 hours after the termination of snowfall.
B.
Recurring violation. A violation of this chapter that is recurring
justifies imposition of an immediate penalty without the necessity
for an interval in which corrections can be made. A violation shall
be deemed to be a recurring violation if a notice has been served
within two years from the date that a previous notice was served and
the violation, premises and responsible party are substantially the
same.
For the purpose of enforcement of this code, the service of
a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violation set forth therein until violations
are abated in conformity with this code and other applicable ordinances
of the Borough of Somerdale.
A.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be subject to any combination of the following:
[Amended 9-12-1990 by Ord. No. 90:09]
B.
Each violation of a section or subsection of this code shall constitute
a separate and distinct violation independent of any other section
or subsection or any order issued pursuant to this code. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation.
C.
Where an owner, operator or occupant has been convicted of a violation
of this code and within 12 months thereafter, has been found by the
Judge of the Municipal Court to be guilty of a second violation, the
court may, if it finds that the second offense was willful and inexcusable,
sentence the offender.
E.
In the event of the imposition of a fine or penalty by the Municipal
Court or any other court of competent jurisdiction against the owner,
operator or lessor of any building or structure in the Borough required
to be registered for violation of any Borough ordinance or any state
law applicable to the Borough, the fine or penalty shall be collectible
as a lien against the premises, in addition to any other remedies
now provided by law.
The repeal of any provisions of any other ordinances by this
code shall not affect any action for prosecution or abatement under
any such ordinances or any notice, complaint or order issued by any
officer or agency of the Borough prior to January 1, 1989, or concerning
which any prosecution or other steps of enforcement have been taken
or are being taken within any administrative agency or in the Municipal
Court for enforcement thereof.
The Mayor or his designated agent is hereby authorized and empowered
to promulgate such written rules and regulations as may be necessary
for the proper interpretation and administration of the provisions
of this code, provided that such rules and regulations do not conflict
with this code and conform to the general standards prescribed by
this code. The Mayor or his designated agent shall files copies of
such rules and regulations with the Borough Clerk, which shall be
available during regular business hours. Such rules and regulations
shall have the same force and effect as the provisions of this code,
and the violations thereof shall be enforced as violations of the
express provisions of this code as herein provided.
A.
Application for inspection. Whenever an owner, operator, occupant,
prospective purchaser, mortgagee or prospective occupant shall apply
to the enforcing officer for an inspection in order to ascertain if
any section of this code has been violated, the enforcing officer
shall, upon payment of the fee hereunder stated, cause an inspection
to be made of the premises and issue an informational certificate
or report of the inspection to the applicant, indicating therein any
violations of this code on the premises. The applicant for such inspection
shall state, in writing, his full name, residence and the reasons
and basis for which the inspection is requested. The enforcing officer
may deny the application for failure to comply with this requirement.
B.
Application for status report. Where, in lieu of an inspection, an
owner, operator, occupant, lessee, prospective purchaser, mortgagee
or prospective occupant requests a status report as to whether or
not there are any known violations presently pending on said premises,
upon payment of the fee prescribed herein, a copy of any notice or
order on any violation then pending shall be sent to the applicant.
C.
Significance and scope of inspection or status report. No inspection report issued under Subsection A or status report against any violation of this code or any other ordinance of the Borough which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report.[1] The inspection or status report is provided as a convenience
to the public and shall not constitute a limitation on the full enforcement
of this code. The inspection or status report shall include only such
matters as are embraced in this code.
[1]
Editor's Note: So in original.
