[Ord. 1159, 9/18/2017]
This part shall be known and may be cited as the "Quality of
Life Ticketing Ordinance of the Borough of Emmaus."
[Ord. 1159, 9/18/2017]
The purpose of this part is to provide for a mechanism by means
of issuance of tickets rather than citation to permit a citizen who
believes they may have been in violation to pay the ticket rather
than cause the issuance of a citation and a costly and protracted
legal hearing before a judge and unnecessary appeals. The resolution
in this manner is beneficial from a twofold perspective in that it
permits the Borough to maintain and enforce its laws and permits a
citizen so accused to resolve the dispute in a manner that does not
unduly burden the resident by requiring the issuance of a citation
and a court hearing. It also does not deprive the citizen the right
to dispute the ticket and receive the full benefit of procedural and
substantive due process of law.
[Ord. 1159, 9/18/2017]
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county, or municipality as holding title to
the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession
of real property by a court.
Any individuals, corporation, partnership, or any other group
acting as a unit.
[Ord. 1159, 9/18/2017]
1.
The provisions of any part so enumerated shall be enforced by Police
Officers and Code Enforcement Officers who are sworn to uphold and
enforce the law of the municipality.
2.
The following existing chapters and sections of the Emmaus Borough
Code and Property Maintenance Ordinance are hereby deemed and ordained
to be under the jurisdiction of this process:
C.
2015 International Property Maintenance Code Section 308 and any
succeeding International Property Maintenance Code regarding rubbish
and garbage.
E.
2015 International Property Maintenance Code Chapter 3 and any succeeding International Property Maintenance Code regarding property maintenance.
G.
International Property Maintenance Code and any succeeding International Property Maintenance Code Chapter 3 regarding grass and weeds.
J.
International Property Maintenance Code Section 302.8 regarding motor
vehicles and any successors amending the section.
3.
The Council may change those sections to be covered under this Quality
of Life Ticketing part from time to time through ordinance.
4.
Any violation of the provisions of any part as enumerated in this
chapter may be cause for a violation ticket to be issued to the violator.
5.
A violation ticket shall be served upon the violator in the following
manner:
A.
By handing the ticket or notice of violation to the violator.
B.
By handing it to an adult resident of the subject property.
C.
By leaving or affixing the notice or violation ticket to the property
where the violation exists.
D.
By mailing the notice or violation ticket to the violator's address
of record first-class mail with a certificate of mailing.
6.
Each day after the issuance of a ticket that a violation continues
or is permitted to continue constitutes a separate offense for which
a separate fine may be imposed.
7.
If the Borough has corrected a violation, the cost thereof shall
be charged to the owner of the property by whatever means is available
to the municipality.
[Ord. 1159, 9/18/2017]
1.
A person in receipt of a violation ticket shall have 10 days within
which time to pay the amount of the ticket. In the event the ticket
is not paid within 10 days, such failure to pay shall result in the
issuance of a nontraffic citation for the offense as enumerated on
the ticket.
2.
If an individual feels aggrieved and disputes to pay the ticket,
and is unable to resolve the matter with the Enforcement Officer,
the individual shall be issued a nontraffic citation. The individual
shall have the right to appeal the citation to the District Magisterial
Justice in accordance with Pennsylvania law and legal proceedings.
[Ord. 1159, 9/18/2017]
1.
For the first offense of the violation of this part within a twelve-month
period, the tickets shall be issued in the amount of $25.
2.
For the second offense of the violation of this part within a twelve-month
period, the tickets shall be issued in the amount of $50.
3.
For the third offense of the violation of this part within a twelve-month
period, the tickets shall be issued in the amount of $100.
4.
For the fourth offense and all subsequent offenses of the violation
of this part within a twelve-month period, the tickets shall be issued
in the amount of $300.
5.
Nonpayment of a ticket shall result in a nontraffic citation in the
amount of up to $1,000 per day.
