[Adopted 10-14-1996 by Ord. No. 10-14-1996; amended in its entirety 5-7-2018 by Ord. No. 5-7-18]
A certain document, three copies of which are on file in the office of the Borough Manager, or his/her designee, of the Borough of South Waverly, being marked and designated as the "International Property Maintenance Code 2018," as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of South Waverly, in the Commonwealth of Pennsylvania, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of South Waverly Borough are hereby referred to, adopted and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 409-13 of this article.
A.
Lack of maintenance of properties, littering, improper storage of
trash and rubbish, high grass and weeds, and storage of inoperable/nonregistered
vehicles are costly problems that contribute to the deterioration
of property values and general disorder in a community. These problems
degrade the physical appearance of the Borough, which reduces business
and tax revenue, inhibiting economic development. The quality of life
and community pride of the citizens of South Waverly are negatively
impacted by the occurrences and existence of these activities. Recognizing
these are community problems, the purpose of this article is to promote
the health, safety and general welfare of the Borough by helping to
create a clean environment for the citizens of South Waverly.
B.
This article is adopted to provide a fast track ticket system to
ensure compliance.
(This section is an amendment to Section 202 of the International
Property Maintenance Code.) The following words, terms, and phrases,
when used in this article, shall be defined as follows, unless context
clearly indicates otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Borough for use by the public
to deposit small quantities of hand-held trash, but not household
or commercial waste.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked,
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products, and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized by law.
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, tobacco products, wrappers, food or beverage
containers, newspapers, etc., municipal waste, human waste, domestic
animal waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
Any person residing or working within the County of Bradford
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property on which said vehicle is found.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid driver's license
and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts, including fire and rescue.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material, including solid, liquid, semisolid, or contained
gaseous material, resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials or organic waste.
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough or causes a blighting effect in Borough neighborhoods.
See also "public nuisance."
Any land and the improvements thereon owned by any person,
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
Any conditions or premises which are unsafe, unsanitary or
disruptive.
Any Code Enforcement Officer or public official designated
by the Borough to enforce the Borough ordinances.
Material which would otherwise become municipal waste, which
can be collected, separated, or processed, and returned to the economic
mainstream in the form of raw materials or products. These materials
may include, but not be limited to, aluminum cans, ferrous and bimetal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliances, televisions, tires, and large auto
parts.
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
Any planting that is cultivated and managed for edible or
ornamental purposes, such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by a police officer or Code Enforcement Officer
to a person who violates a provision of this article. The violation
ticket is an offer by the Borough of South Waverly extended to a person
to settle a violation by paying the fine in lieu of a nonmoving violation
being issued against the violator.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed 12 inches in height. Exception: This shall not apply
to the Agricultural District or the street right-of-way area.
Exhale unpleasant noxious odors or pollen, and miscellaneous
other vegetation commonly referred to as "weeds" or "brush."
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
Encroach onto neighboring properties by way of leaders or roots
without the property owner's consent.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes, such as vegetable gardens, trees,
shrubs, flowers, etc.
The following sections are hereby revised:
A.
Section 101.1 Insert: "Borough of South Waverly."
B.
Section 103.5 Insert: "The fees shall be adopted by the Borough Council
by resolution."
C.
Section 106.3 Insert: "Prosecution of Violation.
(1)
Prosecution of ordinance violators; disposition of fines, penalties
and costs. Any violation or failure to comply with any provision of
any Borough ordinance shall constitute a violation.
(2)
Collection of penalties. No fine or penalty shall exceed $1,000 for
a violation of a building, housing, property maintenance, health,
fire or public safety code or ordinance and for water, air and noise
pollution violations, and shall not exceed $600 for a violation of
any other Borough ordinance for each separate day of the offense.
(3)
Any person who shall violate any provisions of this article shall,
upon conviction thereof, be punishable by a fine of not more than
$1,000, plus costs of such proceedings. The continuation of such violation
for each successive day shall constitute a separate offense, and the
persons or persons allowing or permitting the continuation of the
violation may be punished as provided above for each separate offense."
D.
Section 302.4 Insert: "12 inches height of weeds or plant growth."
E.
Section 304.14 Insert: "April 1 to October 31."
F.
Section 602.3 Insert: "October 1 to April 1."
G.
Section 602.4 Insert: "October 1 to April 1."
H.
Fees. The fees for activities and services performed by the Borough
in carrying out its responsibilities under this code shall be as indicated
in the following schedule: A fee based on the fee schedule adopted
by Borough resolution shall be assessed on a case-by-case basis based
upon the severity and circumstances of the violation as determined
by the Borough Manager or Borough Code Enforcement Officer.
I.
Prohibited occupancy. Any occupied structure condemned and placarded
by the Code Enforcement Officer shall be vacated as ordered by the
Borough Code Enforcement Officer or third-party inspector. Any person
who shall occupy a placarded premises or operate placarded equipment,
and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises or operate placarded equipment,
before the release of condemnation by the Borough Code Enforcement
Officer or the third-party code inspector shall be liable to a fine
of up to a $600. Each day the violation continues will be considered
a separate offense.
J.
Failure to comply. Any person who shall continue any work after having
been served with a stop-work order, except such work as that person
is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of up to $600.
K.
Weeds. All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 12 inches. All noxious weeds
shall be prohibited. "Weeds" shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs; provided, however,
this term shall not include cultivated flowers and gardens. Exception:
This shall not apply to the Agricultural District and the street right-of-way.
L.
Shrubs and bushes. Bushes and shrubs on all premises and exterior
property shall be maintained and kept in good order that will not
create a safety hazard for the visibility for pedestrian and/or vehicular
traffic.
M.
Dangerous trees. Any tree(s) that is (are) considered dangerous by
the Borough Code Enforcement Officer, due to overgrowth, instability,
infestation or harmful insects or a dead tree, shall be ordered removed
or made safe by the property owner. If the property owner refuses
or is unable to remove the unsafe condition, then the Borough has
the authority to take appropriate action to make safe the dangerous
condition and lien all costs involved to the property owner. All notices
and orders shall comply with Section 107 of the IPMC relating to notices
and orders. Any person in violation of this order shall be liable
to a fine of not more than $600. Each day the violation continues
is considered a separate offense.
N.
Additional violations. Additional violations under this article shall
be for the offenses set forth in this subsection which will supersede
the language in the International Property Maintenance Code:
(1)
Borough permits to be displayed and followed. All Borough permits
shall be displayed in a fashion that makes them visible from the roadway.
In cases of demolition, the permit shall be displayed in the back
window of a construction vehicle parked on site and visible from the
roadway. Should a permittee be unable to comply with this requirement,
they shall have to notify the office of the Borough Code Enforcement
Officer, or designee, or third-party code inspector, and seek immediate
authorization/approval. Once the Borough provides notice to a property
owner that a permit is necessary, any additional work to the property
shall allow the Borough to fine the property owner and/or the person(s)
performing the work for violation of this subsection.
(2)
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
(3)
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the Borough of South Waverly shall not
permit any waste matter/feces from the animal to collect and remain
on the property so as to cause or create an unhealthy, unsanitary,
malodorous odor, or a dangerous or offensive living condition. All
waste from animals must be cleaned up on a daily basis.
(4)
Disposal of rubbish or garbage/dumping. Improper disposal of rubbish
or garbage, or dumping or disposing of rubbish or garbage on vacant,
unoccupied, or other property.
(5)
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 12
inches. Exception: This shall not apply to the Agricultural District
and the street right-of-way. All noxious weeds shall be prohibited.
"Weeds" shall be defined as all grasses, annual plants, and vegetation.
Cultivated flowers, gardens, trees, and shrubs shall not be included
as a violation of this article.
(6)
Littering or scattering rubbish. No person shall throw, dump, place,
sweep, or dispose of any waste, trash, garbage, or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, public
parking area, or on any public property.
(7)
Ownership presumption of waste, trash, and/or recyclables for illegal
dumping and illegal hauling. It shall be the responsibility of every
owner and/or occupant to dispose of his or her waste, trash, or recyclables
in a proper manner. Any business or person who is unable to show proof
that he, she or it has legally disposed of any waste, trash, or recyclables
will be in violation of this article. Should any person or business
use an unlicensed hauler to dispose of his, her or its waste, trash,
or recyclables, said person or business shall be in violation of this
article. Upon request of the public officer, any owner or occupant
must show proof of his or her appropriate trash and/or recyclable
hauler. If any parts are found within a municipal waste container,
recycling container, garbage bag, or loose trash/waste displaying
the name and/or address of a person and/or persons, that trash or
waste shall be presumed to be the property of such person and/or persons.
It shall be unlawful for any person, business, partnership, or entity
to remove or haul waste, trash, or recyclables without the proper
approval or license. Any waste, trash, or recyclables found not to
be disposed of in accordance with this article will be a violation
of this article.
(8)
Storage containers for waste or trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, watertight, and made of metal or plastic. Containers
must have tight-fitting covers and must be kept clean and odor-free
at all times. All containers must be stored in the rear or side yard
of every property. Waste/trash containers may only be placed in front
of any property the night before the day of the scheduled waste/trash
pickup day. Once the licensed hauler removes the waste/trash from
any property, all containers must be returned to the rear or side
yard of any property before daybreak on the day following pickup.
(9)
Storing of recyclables. It shall be the responsibility of the owner
of all residential, commercial, and industrial property to ensure
storage, collection, and disposal of all recyclables from his, her
or its property in such a manner as not to create a public nuisance.
Storage of recyclables is only allowed in approved containers, which
must be kept clean and sanitary at all times.
(10)
Shrubs and bushes. Bushes and shrubs on all premises and exterior
property shall be maintained and kept in good order that will not
create a safety hazard for the visibility for pedestrian and/or vehicular
traffic.
(11)
Dangerous trees: any tree that is considered dangerous and unsafe
to the public by the Borough Code Enforcement Officer due to overgrowth,
instability, infestation, harmful insects or a dead tree.
(12)
Defacement of property. No person shall willfully or wantonly
damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any
marking, carving or graffiti. It shall be the responsibility of the
owner to restore said surface to an approved state of maintenance
and repair within 30 days of the receipt of the notice of violation.
(13)
Improper disposal of grass and leaves. Any person or persons
shall not take any cut grass trimmings, any leaves, or any other branches
removed from a Borough property and dump, pile, blow, or dispose on
to any public street or alley.
(14)
Inoperable motor vehicle. Any property owner storing an inoperable
motor vehicle on their property described herein with defects under
the definition of "motor vehicle nuisance" shall be in violation of
this article.
(15)
Improper disposal of animal and vegetative debris. It shall
be unlawful for any person, firm or corporation, or any agents thereof,
to do, authorize, aid or abet any of the following described actions
or matters, such regulations or restrictions being intended to promote
the general health, safety and welfare of the Borough:
[Added 1-7-2019 by Ord.
No. 1-7-2019]
(a)
Animal debris, vegetative debris and snow.
[1]
Any person, as defined herein, shall not from their property
place or cause to be placed, thrown or maintained in or immediately
adjacent to any of the roadways of the Borough any liquid or solid
vegetable or animal matter that will decay or become offensive, or
which will cause an obstruction to any of the drains, streams or sewers
within the Borough.
[2]
Any person, as defined herein, shall not from their property
place or cause to be placed, thrown or maintained in the roadways
of the Borough any grass clippings, leaves or branches which will
decay and which will impede water flowing into or cause an obstruction
to the drains, streams, or storm sewer systems within the Borough.
[3]
Any person, as defined herein, shall not from their property
place or cause to be placed, thrown or maintained in or immediately
adjacent to the roadways of the Borough any leaves and branches in
the street during the annual fall leaf pickup. Said leaves and vegetative
debris shall be placed on the area between the sidewalk and the curb
to be picked up by the Borough Department of Public Works. In the
event there is no area between the sidewalk and the curb, then the
leaves may be placed at the curbline. However, the leaves may not
be placed in the roadway.
[4]
Any person, as defined herein, shall not from their property
place or cause to be placed or throw any snow in or immediately adjacent
to the roadway after a winter snowstorm that will cause a nuisance,
block traffic or create a dangerous condition or water damage.
O.
Enforcement and violations and penalties for additional violations. For violations of the offenses set forth in § 409-13N, the following will supersede the language in the International Property Code set forth under Section 106.1.:
(1)
Issuance of violation ticket. Upon finding any violation under Chapter 409, Article I, Brush, Grass and Weeds, and this article, regarding high weeds in excess of 12 inches, under this article regarding solid waste, or under Chapter 199, Buildings and Trees, Unsafe, any public official, as previously defined herein, may issue violation tickets to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this article.
(2)
Enforcement.
(a)
The provisions of this article shall be enforced by the Code
Enforcement Officer or police officer, as previously defined herein.
(b)
Any violation of the provisions of this article may be cause
for a nonmoving violation, a violation ticket, and/or a notice of
violation to be issued to the violator.
(3)
Service
of violation tickets. A violation ticket shall be served upon a violator
by handing it to the violator, by handing it at the residence of the
person to be served to an adult member of the household or other person
in charge of the residence, by leaving or affixing the notice or violation
ticket to the property where the violation exists, by handing it at
any office or usual place of business of the violator to his/her local
responsible agent or to the person for the time being in charge thereof,
or by mailing the notice to the violator's address of record.
As follows:
(a)
Written name of the property owner and/or violator shall receive
notice of the violation by a door knocker attached to the front door
of the dwelling or of the building and/or by posting a letter to the
property owner or the violator or the agent for the property owner.
Said notice shall be only given once to the property owner or the
violator or the agent for the property owner for the specific violation.
(b)
If the property owner or violator does not correct the violation
within 24 hours after they receive the written notice, they shall
receive a ticket for the violation with a specific fine.
(c)
If the violation is not taken care of, the Borough can correct
the violation and file a municipal lien against the property for the
Borough's cost of remediation, and 10% administration fee, and
include the Borough's attorneys' fees and cost of filing a municipal
lien.
(d)
If the ticket is not paid within 10 days or the violation continues,
a nonmoving violation will be issued.
(e)
The property owner shall only receive only one door knocker
or letter providing notice of violation; thereafter a ticket will
be issued for the violation contained in the original notice for any
twelve-month period of violations.
(4)
Separate
offense for violations. Each day a violation continues or is permitted
to continue may constitute a separate offense for which a separate
fine may be imposed.
(5)
Abatement
of violations.
(a)
Any person or business violating this article is hereby directed
to satisfy the Borough of South Waverly and its citizens, upon issuance
of a ticket, by correcting the violation in question. A public officer
is authorized and empowered to cause a violation to be corrected.
The cost shall be determined by the Borough Code Enforcement Officer
in order that the Borough shall be compensated for both the costs
and expenses incurred as adopted by Borough Council resolution.
(b)
The Borough of South Waverly and/or its contractor, per the
direction of the Borough, reserves the right to abate the violation
in question at the expense of the owner. If the Borough has effected
the abatement of the violation, the total cost thereof, to include
hourly wages and all items and materials used, may be charged to the
owner of the property, tenant, or offending party. A bill/invoice
will be generated to the violator for payment separate from the ticket,
which will also be paid separately.
(c)
In all instances where the Borough abates the violation, in
addition to the fine set forth in the tickets, the Borough is authorized
to recover from the offending party, the owner of the property, or
tenant the abatement charges and such other charges established by
the Borough Code Enforcement Officer and the rules and regulations.
(d)
Borough of South Waverly cleanup. The Borough reserves the right
to perform any necessary work to abate any violation once 48 hours
passes from the date of issuance of the ticket. Should the violation,
at the discretion of the Borough Code Enforcement Officer, present
imminent danger and/or pose a health hazard and/or risk, the Borough
reserves the right to perform the abatement immediately. The Borough
will perform this work at a rate set forth in the resolution adopted
by Council, per man, and forward the cost of any material necessary
for the abatement. The Borough reserves the right to charge an additional
10% on all material purchases to cover all miscellaneous expenses,
such as wear and tear on equipment.
(e)
Contractor cleanup. The Borough reserves the right to direct
a contractor to perform the abatement of the violation in question
once 48 hours passes from the date of issuance of the ticket. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the Borough reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for its work to the Borough of South Waverly, and the Borough
will forward these costs to the violator. The Borough reserves the
right to add a 10% processing fee in addition to the cost of the contractor.
(6)
Violations
and penalties.
(a)
Any person who violates § 409-13N shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Borough for the cleanup and abatement of the violation:
|
Violation
|
Description
|
Fine
|
Payment Due
|
|---|---|---|---|
|
NEW-001
|
Borough permit to be displayed, build permit
|
$50
|
48 hours
|
|
NEW-002
|
Accumulation of rubbish or garbage
|
$50
|
48 hours
|
|
NEW-003
|
Animal maintenance and waste/feces cleanup
|
$50
|
48 hours
|
|
NEW-004
|
Disposal of rubbish or garbage; dumping
|
$50
|
48 hours
|
|
NEW-005
|
High weeds, grass or plant growth
|
$50
|
48 hours
|
|
NEW-006
|
Storage containers for waste or trash
|
$50
|
48 hours
|
|
NEW-007
|
Storing of recyclables
|
$50
|
48 hours
|
|
NEW-008
|
Shrubs and bushes
|
$50
|
48 hours
|
|
NEW-009
|
Improper disposal of grass and leaves
|
$50
|
48 hours
|
|
NEW-010
|
Dangerous trees
|
$100
|
48 hours
|
|
NEW-011
|
Littering or scattering rubbish
|
$100
|
48 hours
|
|
NEW-12
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping and illegal hauling
|
$100
|
48 hours
|
|
NEW-13
|
Defacement of property
|
$150
|
48 hours
|
|
NEW-14
|
Inoperable motor vehicle
|
$150
|
48 hours
|
(b)
Failure of the person to make payment within 10 days of the
date of a violation ticket shall result in the filing of a nonmoving
violation charge, for failure to pay, with the Magisterial District
Judge.
(c)
If violations are continuous or egregious, Code Enforcement
Officers have the right to issue nonmoving violation charges without
first issuing tickets, provided notice has been given. Notice can
be given with a letter, door knocker or posting the premises. (Continuance
is more than one time in a twelve-month period.)
(d)
If violations are for failure to remove snow, and the property
owner has previously received notice or is guilty of a violation and
fails to remove the snow within 24 hours, they will be issued a ticket
and/or a nonmoving violation charge without any further notice.
(e)
The second offense that occurs within a twelve-month period
from the first offense shall be a minimum fine of $75, and each subsequent
offense in less than 12 months is a minimum fine of $100 each.
(7)
Nonmoving
violation fines. Any person, firm, or corporation who shall fail,
neglect, or refuse to comply with any of the terms or provisions of
this article, or of any regulation or requirement pursuant hereto
and authorized hereby, shall, upon conviction before the Magisterial
District Judge, be ordered to pay a fine of not less than the fine
on the ticket and not more than $1,000 on each offense.
(8)
Restitution,
costs and attorney's fees for violations. The Magisterial District
Judge may order the violator to make restitution, where appropriate,
to pay the Borough's costs of collection/nonmoving violation
proceedings, and to pay the Borough's reasonable attorneys'
fees associated with the prosecution of the same.
P.
Review Board. In Section 111.2 Membership of Board: The review board
shall be the Eastern-Western Bradford Council of Governments Program
Appeal Board. All appeals shall be filed within 30 days of the date
of this notice of the violation. In accordance with the procedure
set forth in the South Waverly Borough Property Maintenance Ordinance.
The Code Review Board fee shall be $750, plus costs and may be amended
from time to time by the municipality for the administration and appeals,
undertaken pursuant to this article and the code, and shall be established
by the governing body by resolution.
A.
All relevant ordinances, regulations, and policies of the Borough
of South Waverly, Pennsylvania, not amended shall remain in full force
and effect.
B.
Any ordinance or part of an ordinance conflicting with the provisions
of this article shall be subordinate to this article to the extent
of such conflict, and the language contained in the article shall
control.
A.
If any section, clause, provision or portion of this article shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this article so long as it remains legally enforceable
minus the invalid portion.
B.
The Borough reserves the right to amend this article or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this article and the
effective administration thereof.
This article shall be effective on the date of enactment.
