A Municipal Code Violations Bureau shall be established to hear and administratively determine charges of violations of certain provisions of this Code as set forth in §
155-2 of this chapter.
[Amended 7-19-2016]
The Municipal Code Violations Bureau is hereby authorized to
dispose of charges involving violations of the following sections
of the Municipal Code:
C. Chapter
194, Sections
194-4,
194-5,
194-5.5,
194-6,
194-8,
194-15,
194-16,
194-17,
194-20,
194-21,
194-24,
194-25,
194-25.1,
194-26,
194-33.
E. Chapter
75, Section 75-6(A)(3).
F. New York Property Maintenance Code Sections PM 302.1, PM 302.4, PM 302.8, PM 304.3, PM 307.3.2, PM 609.1 and PM 704.2 as adopted in Chapter
75 of the Municipal Code.
I. Chapter
177, all sections.
J. Chapter
88, all sections.
A person charged with a violation to be heard and determined
by the Municipal Code Violations Bureau may answer such charge by:
A. Pleading guilty to the charge and paying a prescribed fine; or
B. Appearing at a hearing of such charge to be held before a hearing
examiner at the Municipal Code Violations Bureau at a specified time
set forth on the Municipal Code violations ticket, or any adjourned
date thereafter;
C. Completing an appropriate form, if provided, or portion of the ticket
prescribed by the Bureau, for the purpose of denying the charges and
forwarding the form and/or the ticket to the Bureau by the date set
forth in the ticket and appearing at the hearing of such charge to
be held before a hearing examiner at the Municipal Code Violations
Bureau at a time specified by the Bureau, or at any adjourned date
thereof. Upon receipt of the form and/or the ticket, such answer shall
be entered and a hearing date established by the Bureau. The Bureau
shall notify such person by first-class mail of the date of such hearing.
The order of the Municipal Code Violations Bureau shall be the
final determination of the Bureau. The person charged may seek judicial
review of such order by making application, within 30 days, to the
Lackawanna City Court for judicial review.
If a person charged with a Municipal Code violation does not
answer the charge as hereinbefore prescribed within the designated
time, the Municipal Code Violations Bureau shall cause a default judgment
to be entered. The Municipal Code Violations Bureau shall notify the
person charged, by first-class mail sent to the address on the appearance
ticket or to the person's last known address, of the violation
charged, of the impending default judgment and that such default judgment
will be entered unless the person charged enters a plea or makes an
appearance within 30 days of the sending of such notice.
The Municipal Code Violations Bureau shall keep a record of
all violations of which each person has been found guilty and also
a record of all fines collected and the disposition thereof.
The following penalties shall apply to violations referred to the Municipal Code Violations Bureau pursuant to §
155-2 of this chapter:
|
Initial Penalty
|
Penalty Upon Default
|
---|
First offense
|
$25
|
$50
|
Second offense
|
$50
|
$100
|
Third offense
|
$100
|
$200
|
Subsequent offenses
|
$250
|
$500
|