[HISTORY: Adopted by the Borough Council of the Borough of
Leetsdale 8-11-2016 by Ord. No.
658. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
May include Borough police officers, the Zoning Code Official,
the Building Code Official, or other persons so deputized or directed
by Borough Council to enforce its laws and ordinances.
The person or persons, natural or legal, personally observed
by the Borough Officer violating the applicable ordinance provision
or code; or
The record owner of real estate or his/her/its duly registered
agent of property; or
The tenant of real estate where the record owner can prove that
the tenant is legally responsible through a valid lease or other enforceable
writing; or
Where the record owner of real estate is not known or available,
the equitable owner of the property shall be deemed to be the responsible
party; or
Other person, natural or legal, otherwise assigned or responsible
agent of the responsible party.
A Borough instrument created pursuant to this chapter notifying
the responsible party of a relevant violation of the Borough of Leetsdale
Borough Code with associated fines as adopted by Borough Council.
A violation ticket is an offer by the Borough of Leetsdale extended
to settle a violation by paying the fine in lieu of a citation being
issued against the violator. No remediation period is offered with
this type of notice.
The Borough may communicate a violation of the Borough of Leetsdale
Code of Ordinances, or other legal authority, in the form of a notice
of violation, a violation ticket or a nontraffic citation (collectively
referred to as "notice") where such violation could, upon admission
or conviction, constitute a summary offense. Such notice shall be
provided by an appropriate Borough officer as provided herein.
A.
Upon the determination that a relevant code or law has been violated,
a Borough officer may notify the responsible party of the violation
in the form of a notice of violation, a violation ticket or a nontraffic
citation ("notice").
B.
A notice shall:
(1)
Be in writing; and
(2)
Include a brief description of the time/date/location of the violation
inspected; and
(3)
Specify the violation which exists with reference to the applicable
ordinance provision or code; and
(4)
State the amount of the fine; and
(5)
Where applicable, describe the time period for remediation; and
(6)
Include a statement regarding the right of appeal or other judicial
process.
A.
Notice shall be served upon the responsible party in the following
manner:
(1)
By personally serving to the responsible party; or
(2)
By personally serving at the residence of the responsible party to
an adult member of the family with which he/she resides, but if no
adult member of the family is found, then to an adult person in charge
of such residence; or
(3)
By personally serving at any office or usual place of business of
the responsible party, his/her/its agent or to the adult person for
the time being in charge thereof; or
(4)
By mailing the notice to the last known address of the responsible
party by certified mail, return receipt requested, and if returned
as unclaimed to be sent by first-class mail; or
(5)
Other method permitted by relevant Pennsylvania law or Borough ordinance.
B.
If any person to whom the notice of violation is directed cannot
be served in the above manner, the Borough officer shall briefly note
the appropriate facts in the file and shall make service upon such
person by posting the notice of violation in a conspicuous place on
the premises described in the notice.
C.
For the purposes of this section, a person "cannot be served" when the person to be served has no residence or office or usual place of business within the Borough and the mailed notice is returned undelivered; or when the notice cannot be served under Subsection A(1), (2) or (3) hereof after two trips on two separate days to the residence or office or usual place of business of the responsible party and if the mailed notice of violation is returned undelivered.
D.
Notwithstanding the above service requirements, any notice relating
to a motor vehicle may be made by affixing the notice to the vehicle
under the front windshield wiper or other location on the vehicle
reasonably believed to be conspicuous to a driver.
E.
Notwithstanding the above service requirements, any notice relating
to a property maintenance code or related property-oriented violation
may be made by 1) affixing the notice to the front door of the affected
property and 2) sending a copy of the notice to the responsible party
at the last known address via first-class mail.
F.
Nothing herein shall otherwise limit the scope and manner of service
of notice of criminal matters by the Leetsdale Police Department.
G.
Nothing herein shall limit the reasonable discretion of Borough officials
to issue warnings in lieu of notices. Failure of a Borough official
or exercise of discretion shall not relieve a responsible party from
compliance or future compliance.
A.
The maximum daily fines for specific ordinances herein shall be set
forth in the relevant Leetsdale Borough ordinance, as may be amended
from time to time, by resolution where so authorized, or in the Borough
Fee Schedule as adopted by the Borough Council, as amended from time
to time, by resolution.
B.
Where a violation ticket is issued by the Borough officer, the violation
ticket may provide for a fine per violation of ordinance in an amount
less than the maximum daily fine, provided that the responsible party
pays the violation ticket as herein provided.
(1)
Tickets that remain unpaid in seven days after notice may be converted
into a nontraffic citation, which, upon conviction, shall carry the
full maximum daily fine provided by specific ordinance.
(2)
Violation ticket fines may be incorporated into the Borough Fee Schedule
by resolution as adopted by the Borough Council, as amended from time
to time.
