Two months ago, Pennsburg Council took the advice of its solicitor to reserve its right to litigate against the owners of a mixed-use property in the borough in the Montgomery County Common Pleas Court. On Tuesday, the members voted to advance to the civil case against the property owner and tenant at 772 Main St.

            Council voted unanimously to direct Solicitor Mark Hosterman to commence an equitable action against the owners and the occupiers of the property that hosts Everything for Sale. According to Hosterman, the goal is to get a judge in Norristown to order the property owner and person running the business to clean up the property.

            "It's not typical to have to go this far with an enforcement action," the solicitor said after the meeting.

            According to Hosterman, the goal is to ask a judge to order the owner to clean up the property or have it shut down within 30 days. He said the municipality will ask the court to include contempt charges and jail time for failing to comply.

            In May, Elizabeth Hotz was found guilty of three summary offenses by Red Hill District Judge Maureen Coggins. The judge found that Hotz, the listed property owner, failed to properly maintain an exterior structure, illegally stored inoperative or unlicensed motor vehicles on the property and accumulated rubbish or garbage.

            Hosterman said he wanted to make sure the person who runs the business, identified as Hotz's son, be held responsible. He is not included on the business permit, according to Joe Adam, chief of the Upper Perk Police Department.

            "I want the tenant to have some liability," Hosterman said during the meeting.

            Cleanup at the property remains in a state of flux, according to the solicitor. He said after the meeting that an abundance of items remains even though outside storage is not allowed in the borough.

            "One minute, when I go past the property, it looks a little better," council President Patrick Suter said. "The next time I drive by, it looks like a car crash."

            Elizabeth and James F. Hotz, Jr. have owned the property since 2008, when they purchased it from Donald and Susan Brensinger for $330,000, according to county property records.

            In December, the Upper Perk Police Department responded to 464 total calls for service. They included 176 for public services and 48 traffic details.

            The officers conducted 44 vehicle investigations, issued 29 traffic citations and 24 warnings and nine non-traffic citations. They responded to seven non-reportable accidents, one reportable traffic accident and one false alarm at a business, according to information provided by Adam.

            The officers responded to 11 reported crimes. That includes four incidents of forgery/fraud/identity theft, two incidents of trespassing and one each of DUI, a narcotics violation, a sex offense, theft and vandalism/criminal mischief.

            The department responded to 189 reported crimes during 2024, just one more than the previous year. The largest decreases from the previous year include a 47.6 percent drop in trespassing (11 from 21), a 39 percent decrease in thefts (25 from 41) and a 31.1 percent reduction in public drunkenness/disorderly conduct (11 from 16).

            The document identifies a 500 percent hike in weapons offenses and Pennsylvania Instant Check Denial violations, a 125 percent increase in burglaries and attempted burglaries (nine from four) and a 71.4 percent jump in sex offenses from 2023 (12 from 7).