§ 165-15. Enforcement; violations and penalties.

A. 

Notices. Whenever the Building Code Official or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall:

(1) 

Be in writing;

(2) 

Include a statement of the reasons for its issuance;

(3) 

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

(4) 

Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;

(5) 

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

B. 

Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough Council provided that such person shall file with the Borough Secretary, a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough Secretary 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such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not less than 10 days nor more than 30 days after the day on which the petition was filed; provided that upon application of the petitioner, the Borough Secretary may postpone the date of the hearing for a reasonable time beyond such thirty-day period when, in her judgment, the petitioner has submitted good and sufficient reasons for such postponement.

C. 

Findings and order. After such hearing, the Borough Council shall make findings as to compliance with the provisions of this article and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice which shall be served as provided in Subsection A of this section.

D. 

Record and appeals. The proceedings at such a hearing, including the findings and decision of the Borough Council and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the Borough, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Borough may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.

E. 

Penalties. Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order or direction of the Building Code Official or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall be sentenced to pay a fine to the Borough not exceeding $300 plus costs of prosecution, or to imprisonment in county prison for a period not to exceed 30 days. Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this article may be declared by the Borough Council to be a public nuisance and abatable as such.

Amended 3-21-1983 by Ord. No. 83-2