§ 306-14. Administration and enforcement.

A. 

Public Officer. The Borough Council shall designate the Public Officer who shall serve for a term of one year, to exercise the powers prescribed by this code. The Public Officer may appoint or designate such other public officials or employees of the Borough who have such background and training necessary to perform such of his functions and powers under this code as he deems necessary for its enforcement. The Public Officer may be the Building Inspector. The first Public Officer shall serve for a term ending December 31, 1976. All subsequent Public Officers shall be appointed for a one-year term commencing on January 1 and ending on December 31.

B. 

Inspections. All nonresidential and public areas of multiple-family dwellings and premises within the Borough covered by this code shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, with the express consent of the occupant, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession.

C. 

Search warrant. If the Public Officer is denied the right of inspection he may, upon affidavit establishing good cause, apply to the Municipal Court or such other court of competent jurisdiction for a search warrant to permit entry into the premises in question.

D. 

Notice and hearing where violation discovered.

(1) 

Where a violation of this code is found to exist or upon petition of at least five Borough residents and investigation by the Public Officer, a written notice from the Public Officer shall be served on the person or persons responsible for the correction thereof.

(2) 

The notice shall specify the violation or violations committed, what must be done to correct or abate same, a reasonable period of time not to exceed 30 days to make such corrections, the right of the person served to request a hearing, and that the notice shall become an order of the Public Officer 10 days after service unless a hearing is requested pursuant to this article. The thirty-day time limit set forth herein shall not be effective where specific time limits are set forth in other sections of this code.

(3) 

Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 306-10F of this code. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor has failed to register, pursuant to § 306-10F. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.

(4) 

Ten days from the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and served a written requested within the ten-day period in person or by mail on the Public Officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Public Officer, upon receipt of the request, shall within 30 days therefrom and upon five days notice to the party aggrieved set the matter down for hearing.

E. 

Hearing Board.

(1) 

At any hearing required hereunder, a Hearing Board shall conduct/decide issues presented to it.

(a) 

Said Hearing Board shall consist of the following members of which three members shall constitute a quorum:

[1] 

Building Inspector or his delegate.

[2] 

Fire Marshal or his delegate.

[3] 

Health Officer of the Board of Health or his delegate.

[4] 

Two citizens of the Borough who shall be appointed by the Mayor with the consent of the Council for a term of three years each, except that the terms of the first two members shall initially expire on December 31, 1977 and December 31, 1978.

(b) 

If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

(2) 

If the Building Inspector is the Public Officer, he or his delegate shall be disqualified from acting as a member of the Hearing Board and a third citizen shall be appointed in his place and stead for a term of one year by the Mayor with the consent of the Council.

(3) 

The Hearing Board shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by it and to enforce any such subpoena or secure any other for the enforcement of any such subpoena as provided by law. A determination shall be made within 10 days from the completion of the hearing. The Hearing Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.

(4) 

The Public Officer or the Hearing Board, where necessary, may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.

(5) 

Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Public Officer may either abate the violation or condition immediately or order the owner, operator or occupant to abate the violation or condition within a period of time not to exceed three days, and upon failure to do so, the Public Officer shall abate the condition immediately thereafter.

(6) 

Where abatement of any nuisance, as nuisance is defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto requires expending Borough monies therefor, the Public Officer shall present a report of the work proposed to be done to accomplish the foregoing to the Mayor and Council with an estimate of the cost thereof along with a summary of the proceedings undertaken by the Public Officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and order of the Hearing Board with reference thereto. The Mayor and Council may thereupon by resolution authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Borough and laws of the state. The Public Officer may thereafter proceed to have the work performed in accordance with the said resolution at Borough expense not to exceed the amount specified in the resolution, and shall upon completion thereof submit a report of the monies expended and costs to the Mayor and Council. After review of the same, the Mayor and Council may approve the said expenses and costs and they shall become a lien against the said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving the said expenses and costs shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner.