Any unsafe, open and abandoned mine hole and any unsafe, open
and abandoned mine shaft excavation situated within the limits of
the borough is declared a public nuisance.
As used in this Article:
Any open and abandoned mine hole; open and abandoned mine shaft;
or open and abandoned mine excavations shall be deemed unsafe if it
is:
A. Unguarded or inadequately guarded against injury, harm or loss of
life to a person or persons, whether children or adults;
B. Though adequately guarded against injury, harm or loss of life to
a person, or persons whether children or adults, if it is located
on real estate abutting on any street, if it has caused or is likely
to cause damage to the street, or to constitute a hazard to a person
or persons using the street; or
C. Though adequately guarded against injury, harm or loss of life to
a person or persons, whether children or adults, if it is located
sufficiently near a dwelling, building or structure and it has caused
or is likely to cause damage to the dwelling, building or structure
or to constitute a hazard to person or persons using the dwelling,
building or structure.
Any such public nuisance shall be abated by the owner or owners
of the lands upon which such public nuisance is located after notice
in writing shall have been given to the owner as hereinafter set forth.
The notice referred to in this chapter shall be issued by either
the Borough Construction Code Official, Zoning Officer, or Engineer,
and shall require the owner or owners of the land upon which such
public nuisance is located to abate such public nuisance and shall
set forth the manner in which such public nuisance shall be abated.
The notice shall further state that the owner or owners have 30 days
after service of the notice to abate such public nuisance, and should
they fail to do so, the borough may cause such public nuisance to
be abated, and the reasonable cost thereof charged against the owner
or owners and that the cost thereof will be a lien on such lands and
will be assessed thereon and collected in the same manner as local
taxes are collected.
The notice referred to in Section
133-34 shall be served upon the owner or owners of the lands upon which such public nuisance is located, if residents of the borough, in person or leaving it at their residence with a member of the family over the age of 14 years. If such owner or by owners shall not reside in the borough, notice may be served in person or be mailed to their last known post office address, or be served upon the occupant of the property or upon the agent of the owner in charge thereof. If the owner or owners are unknown or service cannot be made as above directed, the notice shall be published at least once in a newspaper circulating in the county, not less than 40 days before the borough shall take action to abate such nuisance.
In the event of the failure of the owner or owners of the lands
upon which such public nuisance is located to abate the nuisance,
such nuisance shall be abated by the borough and the cost of the abatement
shall be a lien on such lands and shall be assessed thereon and collected
in the same manner as local municipal taxes are collected.
Any landowner or landowners violating any of the provisions of this Article shall upon conviction thereof, in addition to being liable for any lien imposed on their lands as hereinabove set forth, be subject for each offense to the penalties established in Chapter
1, Section
1-17 of this Borough Code.