§ 6-1005. Abatement; Violations, Penalties and Cost Recovery Proceedings.


Latest version.
  • 1. 
    Whenever a condition constituting a potential graffiti nuisance is verified to exist and the perpetrator and/or property owner fails to take steps to abate the nuisance after written notice or if the perpetrator and/or owner cannot be found or fails to respond to efforts to contact him, the Borough or its designee shall cause a written notice to be served upon the perpetrator, owner and/or the property where the nuisance is located in one of the following ways:
    A. 
    By certified mail, return receipt request to the last known address of the perpetrator and/or owner;
    B. 
    By making personal delivery of the notice to the perpetrator and/or owner;
    C. 
    By posting a copy of the notice upon the front door of the property (owner only);
    D. 
    By handing a copy of the notice at the residence of the perpetrator and/or owner to an adult resident; or
    E. 
    By publishing a copy of the notice in a local paper of general circulation within Phoenixville Borough, Chester County, Pennsylvania, once a week for three consecutive weeks.
    2. 
    Such notice shall set forth in what respects such condition constitutes a nuisance, the section of the Code which sets forth the violation, and what abatement is necessary and required by the Borough. Such notice shall require the owner and/or perpetrator to abate the nuisance in accordance with the terms thereof within no more than 15 calendar days of the date of the notice, all material to be supplied and work done at the owner's and/or perpetrator's expense.
    3. 
    Any person who, after delivery, posting or publication of notice, fails to completely comply with the terms of the notice shall be determined to be in violation of this Part, and the Borough may initiate a civil enforcement proceeding before a magisterial district judge. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by law. Upon conviction thereof before a magisterial district judge, the person shall pay civil penalties not to exceed $600 per violation, plus costs of prosecution, including reasonable attorney's fees. Each day or portion of a day that a violation of this Part continues shall constitute a separate offense.
    4. 
    In addition to or instead of invoking the penalties set forth in this Part, the Borough or persons authorized by the Borough may, in the event of any continued violations of this Part, enter upon the property and remove, repair, alter, or otherwise abate any nuisance on such property. The Borough may collect the costs of such removal or abatement, including reasonable attorney's fees, together with a penalty of 10% of any costs, from the owner of the property. The actual costs of such removal or abatement, together with the penalties, costs and reasonable attorney's fees, shall be a lien upon such property and may be enforced against the property and recovered by the Borough in the manner prescribed for the levying and collecting of municipal liens under appropriate law.
    5. 
    The Borough may, in addition to any civil or criminal remedy, initiate a complaint at law or in equity to compel the owner to comply with the terms of any notice of violation, or seek any other appropriate relief, including, but not limited to, an injunction, from any court of competent jurisdiction.
    6. 
    In addition to proceedings specified in this Part, perpetrators may be subject to additional criminal penalties under state law. In such an event, the Borough may obtain names of such perpetrators in criminal enforcement proceedings in order to enforce the civil provisions of this Part.
Ord. 2231, 4/8/2014, § 1