The existence and abatement of a hazardous condition arising out of grading, excavation, slopes and fills shall be determined by the following procedure:
A. When any condition comes to the attention of the Borough Engineer or his designee that is or may be hazardous, he shall promptly make an on-site inspection thereof. If he finds that such condition is a hazard he shall make a written report setting forth:
(1) His findings of fact.
(2) His conclusion that the condition is a hazard.
(3) A reasonable period of time within which such hazard should be abated.
(4) A procedure to be followed by the Borough in abating the hazard in the event of the default by the property owner.
B. Upon completion of his report, the Borough Engineer or his designee shall give notice to the property owner to abate such hazardous condition within the time delineated in the report. A copy of said report shall be served on the property owner along with the notice. The property owner shall then abate such hazardous condition within the specified time.
C. Unless the hazard is found by the Borough Engineer or his designee to be of an emergency nature, the property owner shall be allowed 10 days within which to appeal the decision of the Borough Engineer or his designee to Council.
D. If the Manager finds the hazard to be of an emergency nature, the property owner shall be required to commence work to abate such hazard forthwith, subject to a right of reimbursement for reasonable costs and expenses if the Council or a court of competent jurisdiction upon appeal finds that the emergency did not exist.
(Ord. 965, 10/13/2022)