Montgomery Lycoming County
City Zoning Code
City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 475-20 Applicability of subdivision and land development.
The land uses described in this article represent land development and are subject to the provisions of Chapter 410, Subdivision and Land Development, of the Code of Montgomery Borough. Land developments are defined in Article II of said chapter. Plan and procedural requirements for land development are presented in Articles IV and V of said chapter. Developers must meet the requirements of said chapter in all land development activity.
§ 475-21 Accessory structures; minimum yard regulations.
A.
Unattached accessory structures in R Districts. Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following requirements:
(1)
An accessory building not exceeding 15 feet in height as measured from the lowest side may occupy not more than 25% of a required rear yard.
(2)
No accessory structure shall be located within five feet of side or rear lot lines.
(3)
No accessory structure shall be located closer to the street than the front yard setback required for a principal structure in the district in which such accessory structure may be located.
(4)
For corner lots, the setback from the side street shall be the same for accessory building as for principal buildings.
B.
Attached accessory structures in R Districts. When an accessory structure is attached to the principal buildings, it shall comply in all respects with the yard requirements of this chapter applicable to the principal buildings.
C.
Accessory structures in other than R Districts. Accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than 10 feet.
D.
Swimming pools. All in ground pools shall be protected by a minimum four-foot fence or wall and lockable gate.
§ 475-22 Adult commercial stores.
Within the I District, adult commercial stores are permitted as a conditional use. Such stores are defined as stores and shops with more than 15 square feet of floor area devoted to the display and selling of pornographic materials consisting of pictures, drawings, photographs or other depictions or printed matter and paraphernalia, which, if sold knowingly to a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof. The following provisions shall apply:
A.
The building or structure for such use shall be located not less than 500 feet from any residential use or district, public or private school, church, day-care centers, recreation facility or any other religious, institutional, or educational use.
B.
No such use shall be located within 2,000 feet of a similar use.
C.
No materials sold within shall be visible from any window, door, or exterior of the building.
D.
No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any pornographic material.
E.
Parking. One off-street parking space for each 100 square feet of gross floor area used or intended to be used for servicing customers, plus one additional space for every two employees.
§ 475-23 Animal hospitals and veterinary facilities.
Within the O-S District, animal hospitals and veterinary facilities are permitted by special exception, subject to the following requirements:
A.
All animal boarding buildings that are not wholly enclosed, and outdoor pens, stalls, or runways shall be located within the rear yard.
B.
All animal boarding buildings that are not wholly enclosed, and outdoor pens, stalls, or runways shall be a minimum of 100 feet from all property lines.
C.
All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 10 feet from all property lines.
§ 475-24 Bed-and-breakfast/guesthouse.
The use and occupancy of a detached dwelling for the accommodation of transient guests is permitted in the R-1 and O-S Districts, subject to the following:
A.
No more than six guest rooms may be provided. No more than two adults and two children may occupy one guest room.
B.
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a material as specified in Article II of this chapter.
C.
There shall be no visible advertising to attract guests other than a single, nonilluminated sign which shall not exceed 12 square feet. No changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.
D.
The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.
E.
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon refreshments only.
F.
The maximum, uninterrupted length of stay at a guesthouse shall be 14 days.
G.
The use may not be established until there is compliance with all Borough rules and regulations. In addition to original compliance, the guesthouse will be periodically inspected by the Fire Marshal for compliance with all Borough safety standards.
§ 475-25 Campground.
A commercial campground or recreational vehicle park shall be permitted as a conditional use in the O-S Zoning District subject to the following requirements:
A.
Tract density: 20 campsites per acre maximum.
B.
Tract requirements:
(1)
Minimum tract size is five acres.
(2)
Open space:
(a)
Twenty-five percent minimum of the tract shall remain as one contiguous area of common open space and shall be delineated on the development site plan.
(b)
Common open space shall remain in an undisturbed natural state.
(c)
Forest clear cutting and land regrading for an accessory use in common open space shall not exceed a swath of 100 feet.
(d)
The minimum dimension of open space shall be 300 feet in any direction.
(3)
Only two single-family detached dwellings per campground is permitted for the use of the operator of the campground.
(4)
Not more than two campground driveways shall access public roads.
C.
Campsite requirements.
(1)
There shall be a minimum of 1,500 square feet of area provided each campsite.
(2)
Campsites shall abut internal driveways for vehicular ingress and egress, except for tent campsites which shall be 250 feet maximum from an internal driveway.
(3)
Water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA Department of Environmental Protection.
(4)
Each site shall contain a stabilized vehicular parking pad of gravel, crushed stone, paving, or other suitable material.
(5)
One parking space minimum shall be provided for each campsite. Within 250 feet of the campsite, a common parking area shall be provided for tent campers and visitors.
§ 475-26 Car wash.
Within the C, R-2 and I Districts, car washes are permitted by special exception, subject to the following criteria:
A.
Public sewer and water facilities shall be utilized.
B.
Car wash facilities shall be set back 75 feet from waterways. Under no circumstances shall wastewater be drained into a natural waterway.
C.
Car wash structures shall be set back 80 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
§ 475-27 Commercial day-care facilities.
Within the C and I Districts, commercial day-care facilities are permitted as a special exception, subject to the following criteria:
A.
For child day care, an outdoor play area shall be provided at a rate of 100 square feet per child enrolled. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot high fence and screened from adjoining residentially zoned properties;
B.
All outdoor areas must provide a means of shade such as a shade tree(s) or pavilion(s);
C.
Passenger dropoff and pickup areas shall be provided and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; and
D.
One off-street parking space shall be provided for each six students enrolled.
§ 475-28 Echo housing.
Within the R-1 and R-2 Districts, echo housing is permitted by special exception, subject to the following requirements:
A.
The purpose of echo housing is to provide a temporary housing alternative on the same parcel as the principal dwelling for a family member who is elderly, handicapped or disabled;
B.
The echo unit may not exceed 650 square feet of floor area;
C.
The total building coverage for the principal dwelling, any existing accessory structures and the echo cottage together shall not exceed the maximum requirement for the zoning district in which the elder cottage is located;
D.
The echo housing shall be occupied by either an elderly, handicapped, or disabled person related to the occupants of the principal dwelling by blood, marriage or adoption;
E.
The echo housing shall be occupied by a maximum of two people;
F.
The owner of the principal dwelling on the property shall obtain a special occupancy permit for such occupancy;
G.
When the permitted use of the echo housing alternative shall cease, either by death or other circumstances, the unit shall no longer be used for residential purposes.
§ 475-29 Family day-care facility.
Within the R-1 District, family day-care facilities are permitted, subject to the following requirements:
A.
A family day-care facility shall offer care and supervision to no more than five different minors during any calendar day;
B.
All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the PA Department of Human Services;
C.
An outdoor play area no less than 400 square feet in area shall be provided. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining residentially zoned property. A three-foot-high fence shall enclose the outdoor play area. All outdoor play areas must include a means of shade such as a tree(s) or pavilion(s); and
D.
Passenger dropoff and pickup areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
§ 475-30 Farm occupations.
Within the O-S District, farm occupations are permitted as a special exception, subject to the following requirements:
A.
For each farm (as defined herein) existing on the effective date of this chapter only one farm occupation may be established. In addition, parcels that contain less then 20 but no less than five acres and are actively engaged in agriculture may also establish one farm occupation.
B.
All farm occupations must and remain accessory to the principal agricultural use of subject property. If the subject property ceases to be used for agriculture, then the farm occupation must also cease.
C.
Farm occupations may involve any one of a wide range of uses, so long as such use is compatible with the primary agricultural use of the land. The applicant must demonstrate that the farm occupation is compatible with the rural setting and will not create nuisances for nearby residences and other uses.
D.
No more than the equivalent of four full-time nonresident employees of the farm parcel shall be employed by the farm occupation. However, the number of employees may be additionally reduced if it is believed that the proposed use is too intensive.
E.
The farm occupation shall occupy an area no greater than a maximum of 4,000 square feet of gross floor area.
F.
Where practicable, farm occupations shall be conducted within an existing farm building.
G.
Any building constructed for the use of the farm occupation shall be of a nature that it can be converted to agricultural use or removed from the property if the farm occupation is discontinued. The structure should blend with the surrounding agricultural setting.
H.
No farm occupation shall be located within 200 feet of any adjacent residential zoning district.
§ 475-31 Service station and repair garage.
Within the C and I Districts, service stations (including repair facilities) are permitted by special exception, subject to the following criteria:
A.
The property shall have a minimum width of 125 feet.
B.
The property shall be located at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.
C.
The storage of motor vehicles (whether capable of movement or not) for more than a one-month period is prohibited.
D.
All structures (including gasoline pump islands but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.
E.
Access driveways shall be a minimum of 30 feet wide and separated by 75 feet from one another if located along the same frontage.
§ 475-32 Group home.
Group homes established for the purpose of accommodating mentally handicapped and physically handicapped persons are permitted in the O-S District, subject to the following requirements:
A.
The number of persons living in such a group home shall not exceed five and shall include at least one on-site support staff member who shall not be included in the maximum number.
B.
All group home structures should have the appearance of single-family or other traditional residential structures.
C.
A group home shall meet the minimum yard, setback and lot width requirements for detached dwellings in the applicable zoning district.
D.
A group home must be sponsored and operated by an organization licensed by either the county or the state. Proof of licensing shall be submitted with application for the group home use.
E.
No group home shall be operated or constructed within a one-half mile radius of any other group home.
§ 475-33 Home occupation.
Home occupations are permitted as accessory uses in the R-1, R-2 and C Districts, subject to the following requirements:
A.
The home occupation shall be carried on only by a member of the immediate family residing on the lot where the home occupation will be located and a maximum of one nonresident employee.
B.
The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or structure normally accessory to a dwelling.
C.
A nameplate not larger than two square feet in area shall be permitted. It may be illuminated only by indirect lighting.
D.
Not more than 25% of the habitable floor area of a dwelling unit may be devoted to a home occupation.
E.
The use will not result in a substantial increase in traffic. A twenty-percent increase in traffic shall be regarded as substantial. For this purpose, measurement of traffic increase shall occur on the nearest non-dead-end or non-cul-de-sac street.
F.
The use will not involve any waste product other than domestic sewerage or municipal waste.
G.
The use will not involve sale of any item not made on the premises except as incidental to the home occupation.
H.
The use will not involve any outside storage, discarded motor vehicle parts or accessories and any junk.
I.
The use will not involve noise audible to neighboring residents between 6:00 p.m. and 7:00 a.m. The Borough may require that the applicant put in noise insulation and take other action so as to minimize audible noise. In the event the Borough determines that the use will involve unreasonable noise, the application shall not be approved.
J.
The use shall not create any vibrations, smoke, dust, odor, heat or glare detectable beyond the property.
K.
If a new building is to be constructed or placed, an existing accessory building is to be enlarged or a building constructed or placed at the effective date of this chapter the building after enlargement or construction shall not have a ground floor area in excess of 50% of the ground floor area of the dwelling unless the building as at least 500 feet from any neighboring residence, in which case, the enlargement shall not exceed 75% of the original structure.
L.
Copies of these requirements will be attached to the permit.
§ 475-34 Mini-warehouses.
Within the I District, warehouse/storage units provided for lease to the general public for the purpose of storage of small-scale articles are permitted as a special exception, subject to the following requirements:
§ 475-35 Mobile home on individual lots.
A mobile home shall be permitted on an individual lot in any district permitting single-family residences. When reviewing permit applications for such mobile houses, the Codes Enforcement Officer shall utilize the following requirements and may require additional information to be submitted where it is necessary in order to adequately protect the health, safety, and welfare of Borough residents:
A.
Every lot to be used for the placement of an individual mobile home shall have a gross area at least equal to the minimum lot size of the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements.
B.
All mobile homes shall be placed on a permanent foundation. This foundation shall consist of no less than footers or masonry construction set well below the frost line at a minimum of four feet. Such foundation shall be constructed to leave no unnecessary open space between the mobile home and the foundation except for windows or other openings as might be necessary for purposes such as floodproofing.
C.
Every mobile home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The mobile home foundation shall be provided with anchors and tie-downs, such as cast-in-place concrete deadmen eyelets embedded in concrete or runways, screw augers or arrow head anchors. The anchoring system shall be designed to resist a minimum wind velocity of at least 90 miles per hour.
D.
Each mobile home shall have a continuous permanent wall around its entire perimeter. This permanent wall may be constructed of concrete or masonry and shall extend from the unit floor system to concrete footing below the subgrade frost line, i.e., the extension of a permanent foundation.
E.
Access to crawl space created by the installation of a wall shall be provided by means of a door or panel capable of being locked.
F.
Every unit to be used as a dwelling unit must contain a minimum of 650 square feet of habitable floor area.
§ 475-36 Mobile homes in floodplain.
Mobile homes located in the floodplain shall be subject to Chapter 218, Floodplain Management.
§ 475-37 Multifamily dwellings.
Multifamily dwellings shall be permitted as a permitted use in the R-3 District, subject to the following requirements:
A. MULTIFAMILY DWELLING
Definition. For the purposes of this chapter, the following term shall have the meanings indicated:
A single structure designed for and constructed to contain at least three but no more than 12 dwelling units.
B.
Site plan specifications. Application for a permit for a multifamily dwelling shall comply with § 410-5 of the Chapter 410, Subdivision and Land Development.
(1)
Minimum lot area.
(a)
Each multifamily dwelling shall have a gross area at least equal to the minimum lot size for the district in which it is located, plus an additional 1,500 square feet for each dwelling unit where the structure is situated in a residential district.
(b)
Where individual dwelling units of a townhouse or other single-family attached type of multifamily dwelling are to be conveyed, and adequate arrangements can be made for sewage treatment, the following dimensional requirements shall apply:
(2)
Traffic access and parking facilities. Each multifamily dwelling must access onto a public street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in Chapter 410, Subdivision and Land Development, in effect in Montgomery Borough. The number of parking spaces available on the site shall equal no less than 1.5 spaces per dwelling unit.
(3)
Sewage and water facilities. Adequate sewage and water facilities must be provided by the developer. Sewage disposal shall be by public or community facilities.
(4)
Solid waste collection and disposal. The developer shall present information explaining the proposed method of solid waste collection and disposal. If such method is not deemed sufficient by the Borough, then an alternate means must be presented by the applicant.
§ 475-38 Recycling collection points.
Recycling collection points may be established as a special exception in the R-1 and I Districts, subject to the following conditions:
A.
All recyclables shall be placed in enclosed containers expressly provided for this purpose and labeled according to the specific type of recyclable.
B.
The recycling collection point shall not exceed 4,000 square feet.
C.
Containers shall be set back at least 20 feet from the roadway right-of-way.
D.
The container shall be buffered on each side with plantings at least three feet in height and for a depth of six feet.
E.
An apron at least 10 feet wide and 30 feet long shall be created in front of the containers.
§ 475-39 Residential conversion.
The following requirements shall apply to the conversion of an existing single-family detached dwelling in the R-2 District or the conversion of an industrial building in the I District. No residential conversions are permitted in the R-1 District.
C.
The conversion dwelling shall maintain the facade and appearance of a single dwelling with a single front entrance. The dwelling units may share the single front entrance.
D.
Except as may be necessary for purposes of safety, there shall be no major structural change in the exterior of the building in connection with the conversion. The building shall retain substantially the same structural appearance it had before such conversion.
E.
Additional entrances, when required, shall be placed on the side or rear of the building. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and, in no case, be located on a front or side wall facing a street.
F.
Separate cooking and sanitary facilities shall be provided for each dwelling unit, except where a family relative or dependent customarily takes their meals with a family member.
G.
A floor plan shall be included with the application for conversion indicating both exterior and interior modifications. A lot plan shall also be included in the application which identifies off-street parking and other lot improvements.
H.
The minimum lot area and bulk regulations for the applicable zoning district shall be met.
I.
Twenty-five percent of the lot area shall be designed, reserved and maintained as common open space for residents.
§ 475-40 Garage, porch or yard sales.
[Added 1-14-2003 by Ord. No. 2003-1]
A.
Owners or occupants of residential properties in all zoning districts may sell household personal property belonging to themselves at garage, porch or yard sales held at their residences, subject to the following regulations:
B.
Signs.
(1)
Signs advertising the sale on the property where the sale is conducted must not exceed four square feet and are limited to two signs on the premises.
(2)
Signs directing the public to the property must not exceed two square feet and must not be nailed or screwed to any live tree or utility pole and must not be placed in any area that would obstruct the vision of pedestrian or vehicular travel.
(3)
All such signs must be removed within 24 hours after the sale ends.
§ 475-41 Retail shopping center.
A neighborhood or small retail shopping center, or plaza, that is planned and designed as a complex of related structures shall be permitted as a conditional use within the C and I Districts, subject to the following requirements:
A.
Retail shopping centers shall have a minimum site area of one acre.
B.
Not more than 40% of the total site area shall be occupied by buildings.
C.
Medical office, office, retail store, service business, financial establishment, eating place, indoor entertainment, and theater may be permitted in the shopping center but shall represent fewer than 50% of the total tenants.
D.
No building or permanent structure, other than a permitted sign, shall be erected within 50 feet of a street line, or within 25 feet of any property line. No parking, loading, or service area shall be located less than 30 feet from any property line, with the further understanding that parking, loading, or service areas shall not be permitted within the required buffer yard.
E.
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping.
F.
The distance between any two buildings, or groups of units of attached buildings, shall be not less than 20 feet.
G.
Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from any direct glare.
H.
A landscaped buffer along any residential area shall be provided and shall be not less than 25 feet in width. The buffer shall consist of deciduous shade trees and ground cover with a minimum cover of seven trees per 100 lineal feet. Trees shall be at least two-inch caliper and staked at the time of planting.
§ 475-42 Specialty cultural shopping center.
A specialized center with stores dealing in specialty food, antiques, arts and crafts, household items, etc., shall be permitted as a conditional use in the C and I Districts, subject to the following requirements:
A.
Major chain stores servicing the general public, supermarkets, department stores, variety stores or service stations are not permitted under this use.
B.
The maximum site area shall be one acre.
C.
The minimum setback shall be 25 feet.
D.
A planted buffer or screen shall be provided in conformance with Article III where the center abuts any residential or agricultural use.
E.
Retail stores, service business, financial establishments, and eating places may be permitted as long as they are in keeping with the spirit of this section.
F.
Dwelling units that are clearly subordinate to the commercial and/or consumer service use may be permitted provided the maximum density does not exceed two rooms and/or dwelling units per acre in combination.
G.
The specialty cultural shopping center is intended to blend with the landscape, be scaled to neighboring buildings, and provide adequate setbacks, open space and landscaping to retain the original character and nature of the site.
H.
Shop sizes shall be no larger than 3,000 square feet.
§ 475-43 Truck terminal.
Truck terminals shall be permitted as a conditional use in the I District, subject to the following requirements:
A.
The truck terminal shall be licensed by the Public Utilities Commission.
B.
Such use shall be located no closer than 200 feet to a residential or agricultural district.
C.
Short-term warehousing may be permitted under this use.
D.
The maximum impervious surface ratio of the building, parking and loading areas shall not exceed 50%.
§ 475-44 Unenclosed storage.
The following requirements shall apply to unenclosed storage or outdoor stock piling in any zoning district:
A.
In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard.
B.
In any residential district, the outdoor stockpiling of materials (except firewood) for more than one year is prohibited.
C.
All trash dumpsters within residential zones shall be located within a side or rear yard, screened from adjoining roads or proprieties, and completely enclosed within a buffered or fenced enclosure.
§ 475-45 Yard regulations.
Every part of a required yard must be open to the sky unobstructed except for accessory buildings in a rear or side yard, and except for accessory buildings in a rear or side yard, and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices and for ornamental features projecting not to exceed four inches.
A.
Side yards.
(1)
Side yard width. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than one-half the otherwise required minimum width.
(2)
Side yard of corner lot. The side yard of any corner lot of record at the time of the adoption of this chapter shall have a width equal to not less than one-half the required minimum front yard setback of any adjoining lot fronting on the side street.
§ 475-45.1 Outdoor storage.
[Added 11-9-2021 by Ord. No. 2021-3]
A. DEBRIS GARBAGE INDOOR APPLIANCES INDOOR FURNITURE RUBBISH UNENCLOSED SPACE
Definitions. The following terms as used in this chapter shall have the meanings given to them in this section:
Any and all material upon the premises that is a residue of structural demolition or any other material that is not neatly stored, stacked, or piled in such a manner so as not to create a nuisance or become a harboring place or food supply for insects, rodents and other vermin.
Any and all animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
Any and all devices or equipment used for interior domestic tasks, including but not limited to stoves, ranges, ovens, dishwashers, microwaves, refrigerators, freezers, air conditioners, dehumidifiers, clothes washers, clothes dryers, and vacuums.
Any and all furniture used or intended to be used for sitting, reclining or resting inside a structure, including but not limited to chairs, recliners, couches, mattresses and box springs, regardless of whether such contains attached filling material.
Any and all combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
Any front, side or back porch, patio, deck or balcony that is not closed in to shield it year round from the elements.
B.
Indoor appliances and indoor furniture prohibited.
(1)
The use, keeping or storage of any indoor appliance and/or indoor furniture shall be prohibited:
(2)
This section shall not apply during a lawful yard sale or garage sale while such indoor appliance or indoor furniture is offered for sale; nor shall it apply while such indoor appliance or indoor furniture is otherwise lawfully held for garbage collection or recycling at the curbside or other such area designated by the Borough for such pickup.
C.
Use of unenclosed space for storage prohibited. The storage or accumulation of debris, garbage and/or rubbish in any unenclosed space visible from any public or private place, sidewalk or highway is prohibited.
D.
Removal of prohibited items.
(1)
When the Code Enforcement Officer determines that indoor appliances, indoor furniture, debris, garbage, and/or rubbish are located in a prohibited area, the Code Enforcement Officer shall cause the property owner or other responsible person to be notified of the existence of a violation of this chapter and direct the property owner or other responsible person to remove and properly dispose of the prohibited items. Such notice shall be in writing delivered by certified mail to the last known address of the property owner.
(2)
Upon failure, neglect, or refusal of any property owner or responsible person to properly remove and dispose of the prohibited items within 10 days of receipt of the written notice provided for in Subsection D(1) above, or within 30 days after the date such notice is mailed if returned because of an inability to make delivery thereof, the Borough Council is authorized and empowered to cause the prohibited items to be removed and properly disposed of, with the cost being charged to the property owner. The amount owed to the Borough shall be the actual costs of removal plus accrued interest at the rate of 6% per annum from the date of completion of the work if not paid by the property owner within 10 days of receipt of the invoice for removal and disposal.
(3)
Where the full amount due to the Borough is not paid by the property owner within 30 days of receipt of the invoice for removal and disposal as provided in Subsection D(2) above, the Borough Solicitor shall cause to be recorded a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of 10% in the event same is not paid in full on or before the date due. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
E.
Violations and penalties. Any person who violates any provision of this section shall be guilty of an offense and, upon conviction, for every such violation, shall be sentenced to pay a fine of not less than $50 nor more than $500 and costs, including responsible attorneys' fees, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Each day on which any such violation continues or is permitted to continue shall constitute a separate offense.