[HISTORY: Adopted by the Council of the City of Sunbury 8-10-2020. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Quality
of Life Ticketing Ordinance of the City of Sunbury."
The purpose of this chapter is to provide for a mechanism by
means of issuance of tickets rather than citation to permit a citizen
who believes he 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 City 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
An individual, corporation, partnership or any other group
acting as a unit.
The code of the City of Sunbury regarding the maintenance of property within the City, including the International Property Maintenance Code (IPMC) as adopted, amended and codified as Chapter 130, Property Maintenance, administered and enforced by the City's Code Enforcement Officers.
Documentation provided to the violator relative to the specific
violation.
Owner in violation of the Property Maintenance Code.
A.
The provisions of any chapter/article/section so enumerated shall
be enforced by police officers and Code Enforcement Officers who are
sworn to uphold and enforce the law of the municipality.
B.
The Council may change those sections to be covered under this Quality
of Life Ticketing chapter from time to time by resolution; however,
at the time of the adoption of this chapter, the following chapters/articles/sections
are hereby deemed and ordained to be under the jurisdiction of this
process:
C.
Any violation of the provisions of any chapter/article/section as
enumerated under the jurisdiction of this process in this chapter
may be cause for a violation ticket to be issued to the violator.
(1)
For properties which have been deemed nuisance properties by resolution
of the City Council, a violation ticket shall not be issued, and the
owner/violator shall be issued a citation for the violation under
the applicable code enforcement procedure.
D.
A violation ticket shall be served upon the violator in any one of
the following manner:
(1)
By handing the ticket or notice of violation to the violator.
(2)
By handing it to an adult resident of the subject property.
(3)
By leaving or affixing the notice or violation ticket to the property
where the violation exists.
(4)
By mailing the notice or violation ticket to the violator's
address of record by first-class mail, with a certificate of mailing.
(5)
By service upon the designated property manager.
E.
The violation must be corrected within 24 hours. 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 ticket
and fine may be imposed.
F.
If the violation is not corrected 72 hours after the ticket issue,
the City may correct or cause to be corrected the violation, and the
cost thereof shall be charged to the owner of the property by whatever
means is available to the municipality.
G.
It shall not be a defense to any ticket or citation under this section
for an owner to designate any other person as responsible for property
upkeep, as said upkeep shall at all times be deemed to be the responsibility
of the owner.
A person in receipt of a violation ticket shall have three days
within which time to pay the amount of the ticket. In the event the
ticket is not paid within three days, such failure to pay shall result
in the fine doubling. If not paid within 10 days of ticket issue,
a nontraffic citation for the offense as enumerated on the ticket
shall be issued and, if found guilty, fines/penalties shall applied
as set forth for the offense.
A.
For the first offense of the violation of this chapter within a twelve-month
period, the ticket shall be issued in the amount of $25.
B.
For the second offense of the violation of this chapter within a
twelve-month period from last notice, ticket, or citation, the ticket
shall be issued in the amount of $50.
