(A) Notice of violation, contents, time for abatement and right to hearing. If the Officer determines that the premises or condition constitutes a health or safety hazard or is otherwise in violation of this subchapter so as to constitute a nuisance as defined in § 92.26, above, he or she shall issue a dated, written notice to the owner, occupant and/or operator requiring compliance with the notice within a specified deadline. The notice shall:
(1) State the reasons why it is issued.
(2) State the steps required to be taken to come into compliance, including his or her reasons why the property should be vacated, repaired and/or demolished, and the time within which the action must be completed.
(3) The notice shall contain the following:
“The Borough Code Enforcement and Zoning Officer of Borough of Grove City has determined the property and/or condition described herein is in violation of the requirements of the Borough of Grove City Property Nuisance Ordinance and constitutes a nuisance, and has required that the property and/or condition be brought into compliance within forty-five (45) days or less as determined by the Officer from the date of this notice. Unless a hearing is requested as set forth below, this determination shall become final thirty (30) days after the date of this notice.
The violation, the remedial action to be undertaken, the time requirements for compliance, and the reason therefor is:
Any party who has received this notice and who may feel aggrieved by the said determination may contest the determination by requesting a public hearing before the Borough Council pursuant to the Local Agency Law. All requests for hearings must be in writing and must be filed with the Borough Secretary within thirty (30) days of the date that this notice was posted or mailed to the Owner, Occupant or Operator. Failure to file a request for a hearing as set forth above may result in the loss of any opportunity to contest the determination of the Borough Code Enforcement and Zoning Officer.”
(4) The notice shall set forth a repair or removal deadline of less than 45 days and/or a hearing request period of less than 30 days if the Officer finds that a shorter timeframe for vacation/repair/remediation/demolition and/or hearing request period is necessary and essential to protect the occupants or public from the nuisance posed by the property's noncompliance with the requirements of this subchapter.
(5) The notice shall be given in writing by regular mail with proof of mailing, and by registered or certified mail return receipt requested, to the last known address of the owner and occupants of said structure, if known, and shall also be posted in two places upon the property determined to be in noncompliance with this subchapter. Notice shall be deemed to have been given on the date of mailing or, where no address is known or where such notice is not delivered or accepted, on the day when posted on the property. A copy of such notice shall likewise be given to any mortgagee, lessee or occupant of the property by regular mail with proof of mailing.
(6) Within not less than five days nor more than 30 days from the date of a request for a hearing, the Borough Council shall hold a hearing and hear such testimony under oath as the owner, occupant, operator, mortgagee, lessee or other person having an interest in said condition or structure or property shall offer related to the alleged nuisance.
(7) Within 30 days of such hearing, the Borough Council, upon majority vote of the members present at the said hearing, shall adopt written findings of fact from the testimony offered at the hearing as to whether or not the condition, structure or property in question is a nuisance as defined under this subchapter.
(8) Within 30 days following the hearing provided for herein, the Borough Council, upon majority vote of the members present at the said hearing, shall issue an order, based upon the written findings of fact, either dismissing the Officer's decision or requiring the owner, occupant and/or operator of said condition, structure or property to remedy, repair, demolish or vacate such condition, structure or property found to be a nuisance under this subchapter.
(B) Exception to notice and abatement period in the case of emergency. Where, in the good faith judgment of the Officer, the nuisance represents an immediate and substantial threat of physical harm to the public, the Borough may exercise its police power to abate the nuisance without prior notice to the owner, occupant, operator or others as required herein, in order to protect the public health, safety and welfare of the general public. All such costs related to the abatement of the nuisance shall be paid by the owner, occupant or operator and collected as set forth in § 92.30, below.
(Ord. 1443, passed 12-19-2016)