[Adopted 4-3-1980 as Sec. 1-5 of the 1980 Code;
amended in its entirety by Ord. No. 90-4]
[Amended 7-20-2004 by Ord. No. 2004-25; 3-7-2006
by Ord. No. 2006-7]
A.Â
Unless otherwise specified to the contrary, the violation
of any provision of this Code, or any other ordinance of the Borough where
no specific penalty is provided regarding the section violated, the maximum
penalty, upon conviction, shall be one or more of the following: a fine not
exceeding $2,000, or imprisonment for a period not exceeding 90 days, or by
a period of community service not exceeding 90 days.
B.Â
Any person convicted of the violation of any provision
of this Code, or any ordinance of the Borough, may, in the discretion of the
court finding the person guilty of such violation, and in default of the payment
of any fine imposed thereafter, be imprisoned for a period not exceeding 90
days or be required to perform community service for a period not exceeding
90 days.
C.Â
Where any fine in excess of $1,250 is imposed for a housing violation
or for a zoning violation, the owner shall be provided a thirty-day period
in which the owner has an opportunity to cure or abate the condition, and
the owner shall have an opportunity for a hearing before the court. After
the thirty-day period a higher fine may be imposed if a court has not determined
that the abatement has been substantially completed.
Except as otherwise provided, every day in which there is a violation
of any provision of this chapter or any other ordinance of the borough shall
constitute a separate violation.
The maximum penalty stated in this section is not intended to state
an appropriate penalty for every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or violation.
A.Â
Any person who is convicted of violating an ordinance
of the borough, within one year of the date of a previous violation of the
same ordinance, and who was fined for the previous violation, shall be sentenced
to an additional fine as a repeat offender.
B.Â
The additional fine imposed upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine fixed
for a violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.