§ 135-3. Enforcement; service of notices and orders; hearings.

A. 

Whenever the Council determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, they shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.

(1) 

Such notice shall:

(a) 

Be put in writing;

(b) 

Include a statement of the reasons why it is being issued;

(c) 

Allow a reasonable time for the performance of any act it requires;

(d) 

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 posted in a conspicuous place in or about the structure 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.

(2) 

Such notice may:

(a) 

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with the rules and regulations adopted pursuant thereto.

B. 

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter before the Borough Council; provided that such person shall file with the Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Borough Council 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hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.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 20 days after the day on which the petition was filed.

C. 

After such hearing, the Borough Council shall sustain, modify or withdraw the notice. If Borough Council sustains or modifies such notice, it is shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed with the Secretary within 10 days after such notice is served.

D. 

Whenever Borough Council finds that an emergency exists which requires immediate action to protect the public health, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Borough Council shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this article have been complied with, Borough Council continue such order in effect, or modify it, or revoke it.