1. Whenever any nuisance as defined by this Part shall exist and shall come to the knowledge of the Borough Council, the Borough Council may direct the appropriate Borough official to cause a written notice identifying such property and nuisance to be issued to the person responsible for such nuisance. Such notice shall be addressed to such person at that person’s post office address or by publication two times within 10 consecutive days if the person’s address is not known, and such notice shall direct the abatement of such nuisance within 10 days from the date of the notice.
2. Such notice shall set forth that in the event the person should fail to abate the nuisance the Borough may at once cause the same to be abated and charge the cost and expense incurred in abating the nuisance to the person and, where such nuisance involves real estate, to cause the same to become a lien against the said property as permitted by the Borough Code, 53 P.S. § 65501 et seq.
3. In the event such person refuses or fails to cause such nuisance to be abated in the time provided herein, the Borough Council may have the nuisance abated in a reasonable and prudent manner and the cost of abating such nuisance shall be charged against the person causing the nuisance. It is hereby provided that such costs charged to such person causing the nuisance shall include general overhead of administrative expenses of inspection, locating the owner, issuing a notice, reinspection, ordering work done, actual work done, labor incurred, together with all necessary incidence of the same and direct costs. Notwithstanding the aforesaid any costs shall include a minimum charge in an amount as established, from time to time, by resolution of Borough Council for administrative expenses. Such expenses, at the direction of Borough Council, shall be collected from such person in accordance with law, including the same being entered as a municipal lien against the property where such nuisance involved real estate provided the owner was given notice of the nuisance, together with 10 percent penalty and 10 percent for attorney’s fees, together with interest and court costs. [Ord. 2007-2]
4. In addition to the remedies prescribed by this Section, and cumulative thereto, if a nuisance or nuisances exist and if it shall be brought to the attention of Borough Council and if it shall be determined that such nuisance or nuisances are likely to have an immediate adverse effect on the public health, comfort or safety, then and in that event, the Borough Council may, by appropriate resolution or motion, order such nuisance or nuisances summarily be abated by the Borough in a reasonably prudent manner.
5. The Borough may proceed with an action at law or in equity to require the abatement of the nuisance and the Borough proceeding with such legal action shall not prohibit the Borough from seeking to impose other penalties prescribed by this Part or from seeking summarily abatement of a nuisance as set forth above.
(Ord. 1986-6, 12/1/1986, §4; as amended by Ord. 2007-2, 12/17/2007)