ORDINANCE NO.1-2003  AORDINANCE OF THE BOROUGH OF FOXBURG, CLARION COUNTY, PENNSYLVANIA, PROHIBITING NUISANCES WITHIN THE BOROUGH, INCLUDING BUT NOT LIMITED TO ABANDONED MOTOR VEHICLES, JUNK MOTOR VEHICLES, ABANDONED OR JUNK PERSONAL PROPERTY, DANGEROUS STRUCTURES, ACCUMULATION OF GARBAGE, RUBBISH OR SOLID WASTE. AS DEFINED IN THE FOXBURG BOROUGH SOLID WASTE ORDINANCE3-1979, AND FAILURE TO CUT AND REMOVE GRASS, WEEDS, BRUSH, OR OTHER VEGETATION IN: EXCESS OF SIX INCHES, AND PROVIDING FOR THE REMOVAL, CORRECTION OR ABATEMENT OF NUISANCES WITHIN THE BOROUGH, PROVIDING FOR THE REMOVAL THEREOF BY  THE. BOROUGH AND FIXING PENALTIES FOR VIOLATIONS.  BE IT ENACTED AND ORDAINED BY THE COUNCIL OF THE BOROUGH OF FOXBURG, Clarion County, Pennsylvania, and it is hereby enacted and ordained by the authority  oft the same as follows:  SECTION 1 SHORT TITLE  This Ordinance shall bel known and may be cited as the Foxburg Borough Nuisance  Ordinance 1-2003.  SECTION2 DEFINITIONS  The following words and phrases shall have the meanings indicated below: 1. Abandoned Motor Vehicle: A motor vehicle which is or has been deserted or relinquished from the purposes the said vehicle was initially intended for, and any motor vehicle which does not properly display a current license plate or inspection sticker as required by the    Pennsylvania State Motor Vehicle Code.  2. Junk Vehicle: Any motor vehicle valueless except asj junk.  3. Motor Vehicle: Any car, truck, bus, and/or any item which was ori isi intended to be  fueled and self-propelled.  4. Property Owner: Any person, corporation, or other legal entity owning, leasing,  occupying or having charge ofany premises within thel Borough ofFoxburg.  5. Abandoned or Junk Personal Property: Personal property which is or has been deserted or relinquished and is unused, including but not limited to machinery, equipment, appliances, and  furniture.  6.1 Dangerous Structures: All the buildings or structures which have any or all ofthe  following defects:  a. Those which have been damaged by fire, wind or other cause sO as to fail utterly to provide the amenities essential to decent living and are unfit for human  habitation.  b. Those which have been damaged by fire, wind or other cause sO as to have become dangerous to the life and safety, morals, or the general health and welfare ofthe  occupant or the people of the Borough.  C. Those which have become or are sO dilapidated, decayed, unsafe, unsanitary or which sO utterly fail to provide the amenities essential to decent living sO that they are  unfit for human habitation.  d. Those which have become or are sO dilapidated, decayed, unsafe, unsanitary or which sO utterly fail to provide the amenities essential to decent living and are likely to cause accident, sickness, or disease, sO as to work injury to the health, morals, safety or    general welfare of those living therein as well as other citizens oft the Borough.  1 Those which have parts thereofwhich are sO attached that they might fail or fall  and injure members of the public or an adjoining property; or  f. Those which because of their general condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Borough.  7. Nuisance:  a. Abandoned motor vehicles; b. Junk motor vehicles;  - Abandoned or junk personal property; d. Dangerous structures;  e.A Accumulation of garbage, rubbish or solid waste as defined in the Foxburg  Borough Solid Waste Ordinance 3-1979; and  fF Failure to cut and remove grass, weeds, brush, or other vegetation in excess of  six inches.  SECTION3 REMOVAL  Its shall be the responsibility oft the property owner to remove and abate all nuisances.  SECTION4 NOTICE  Whenever it is found that any property owner maintains a nuisance or nuisances within the Borough of Foxburg, the Borough Council, by its employees or agents, shall serve written notice upon the person maintaining such nuisance. The written notice shall reasonably describe the con- dition that constitutes a nuisance and shall require that the property owner make such nuisance safe and shall require the nuisance to be made safe, corrected or be removed within ten (10) days    ofthe service ofthe notice. The written notice shall be served in the following ways: 1. By making personal delivery oft the notice to the property owner.  2. By handing a copy oft the notice at the residence ofthe property owner to an adult member oft the family with which he resides, but ifr no adult member of the family is found, then to  an adult person in charge of such residence.  3. By fixing a copy oft the notice to the door at the entrance oft the premises in violation. 4. By mailing a copy oft the notice to the last known address ofthe property owner by  certified mail.  5. By publishing a copy oft the notice in a newspaper of general circulation in the Borough  ofFoxburg once a week for three successive weeks.  SECTION 5 VIOLATION  Any property owner who or which shall violate or fail, neglect, or refuse to comply with any notice provided herein shall, upon conviction thereof, be sentenced toj pay a fine oft not more than Three Hundred ($300.00) Dollars and may, at the discretion of the court, be sentenced to a term ofimprisonment not to exceed ninety (90) days, or both. Each day that ai nuisance exists on an owner's property after failure to comply with the notice sent in accordance herein, shall  constitute a separate violation ofthe ordinance.  Foxburg Borough may remove any nuisance and collect the costs thereof, together with the penalty oft ten (10%) percent ofs such costs, in the manner provided by law for the collection of  municipal claims, or by any other legal action, including an action in equity.  SECTION6 6 REPEALER  The following ordinances are repealed:    1. The Dangerous Building Ordinance 2-1995; 2. The Abandoned and Junk Vehicle Ordinance 4-1979; 3. The Vegetation Ordinance 1-1995; and  4. Any ordinance whose provisions are expressly inconsistent herewith, or dealing with  the same or similar subject matter ofthis ordinance.  SECTION7 EFFECTIVE DATE  This Ordinance shall be effective immediately upon adoption by the Council and approved  by the Mayor.  The Borough Solicitor is directed to file a copy oft this Ordinance at the Clarion County  Courthouse.  Ifany section of this Ordinance shall be found to bei invalid, the other sections ofthis  Ordinance shall not be affected thereby.  All Ordinances or parts thereofin conflict herewith be and the same are hereby repealed. THIS ORDINANCE shall be effective within five (5) days after adopted by the Council  and approved by the Mayor.  ENACTED AND ORDAINED this 7hh day of APRiL  2003.  ATTEST: Gnbwk Secretary  FOXBURG BOROUGH COUNCIL saa JAMES R. PRESTON, PRESIDENT  By:  THIS ORDINANCE examined and approved by me this 7er day of APRIL  2003.  Splin -  Mayor