§ 264-22. Enforcement.
Latest version.
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A.This chapter shall be enforced in Municipal Court upon a complaint signed by the Health Officer, an employee of the Department or a police officer of the Borough, hereinafter referred to as the "Enforcement Officer." Further, once a complaint has been signed and issued, the responsibility for disposal of solid waste shall remain with the violator and/or shall be processed as a lien against the property and in accordance with law.B.Any notice required to be given under this chapter shall be mailed by the Enforcement Officer to said owner and/or tenant either personally by certified mail, return receipt requested, addressed to his or her last known address or, if unknown, in the case of an owner, to his address as the same appears on the tax records of the Borough. Simultaneous notice may be sent by regular mail and will be considered to constitute notice in the event that the certified mail is refused by the addressee or the addressee's agent or is otherwise undeliverable. Service also may be accomplished by hand delivery to the owner and/or tenant.C.Whenever the Enforcement Officer determines that there is or has been a violation of any provisions of this chapter notice shall be given of such violation to the person, persons, or entities responsible therefor under this chapter. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent by registered or certified mail to the last known address of the person or entity upon which the same is served, as shown by the most recent tax sale lists of the Borough, or a copy thereof is left at the usual place of abode or office of said persons or entities, or is personally served. Notice shall be given as aforesaid within or without the Borough. The notice shall also state that, unless the violation is abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice (exclusive of the date of service), a summons shall be issued for said violation. The Enforcement Officer may, at the time he issues the notice, extend the period for compliance with the violation stated in the notice for a period in excess of the aforesaid 10 days if, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the ten-day period, and, in such cases, the Enforcement Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within said ten-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall then be issued against the person, persons, entity or entities so notified.