[HISTORY: Adopted by the Borough Council of the Borough of
Milton 3-22-2023 by Ord. No. 1244.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 189, Quality-of-Life
Ticketing, adopted 7-14-2021 by Ord. No. 1235.
This chapter shall be known and may be cited as the "Quality-of-Life
Ticketing Ordinance of the Borough of Milton."
The purpose of this chapter is to authorize for the issuance
of tickets rather than citation(s) to a citizen who is in violation
of the ordinances stated herein, to pay a ticket rather than incur
the issuance of a citation, and a costly and protracted legal hearing
before a Magisterial District Justice. This chapter in this manner
permits the Borough to maintain and enforce its ordinances in a manner
that is more effective and promotes greater cost savings to the taxpayer
or citizen. It 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
same meaning indicated:
Calendar days.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the real estate; or recorded in the
official records of the state, county or municipality as holding title
to the real estate; or otherwise having control of the real estate,
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 estate by a court.
An individual, corporation, partnership, or any other group
acting as a unit.
Same as notice.
See "owner."
A.
The provisions of any chapter/article/section so enumerated shall
be enforced by the Code Enforcement Officer, or Borough Designee,
who are sworn to uphold and enforce the Code and ordinances of the
municipality.
B.
The Borough Council may change those sections to be covered under
this Quality-of-Life Ticketing Ordinance 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 chapter:
(1)
Code of the Borough of Milton as Chapter 185, entitled 2015 International Property Maintenance Code (with Borough amendments) as amended from time to time.
(3)
Code of the Borough of Milton as § 233-34A, entitled depositing snow on the Borough streets or alleys of the Borough of Milton as amended from time to time.
C.
Any violation of the provisions of any chapter/article/section as
enumerated in this chapter may cause a violation ticket to be issued
to the violator.
D.
A violation ticket shall be served upon the violator in the following
manner:
(1)
By handing the ticket or notice of violation to the violator, or
(2)
By handing it to the owner of the subject real estate, or
(3)
By affixing the notice or violation ticket to an entry door of the
real estate where the violation exists, or
(4)
By mailing the notice or violation ticket to the violator's
address of record by first-class mail, certified mail and or proof
of mailing.
E.
Each day, after the ten-day period of time to correct the violation
ends, constitutes a separate violation, for which a separate ticket
and fine may be imposed.
F.
Each day, after the one-day or twenty-four-hour period of time to
correct the violation ends, constitutes a separate violation, for
which a separate ticket and fine may be imposed.
G.
If the Borough has corrected a violation, the cost thereof shall
be charged to the owner of the real estate by whatever means is available
to the municipality.
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.
A repeated violation of the same type shall cause the ticket
amount to increase as listed in this section of this chapter below:
A.
For the first offense of the violation of this chapter, the tickets
shall be issued in the amount of $25.
B.
For the second occurrence of the same violation of this chapter,
the tickets shall be issued in the amount of $50.
C.
For the third occurrence of the same violation of this chapter, the
tickets shall be issued in the amount of $100.
D.
For the fourth occurrence and additional occurrences of the same
violation of this chapter, the tickets shall be issued in the amount
of $300.
E.
Failure to pay any ticket will enable the Borough of Milton to issue a citation to the violator, filing enforcement proceedings pursuant to the provisions of the respective ordinance from § 189-4B being violated, and to appear in court before the Magisterial District Justice for prosecution. The amount due from the tickets issued under this chapter shall be added to the penalties assessed under the respective ordinance that has been violated in § 189-4B of this chapter.
F.
Nothing in this chapter shall prevent the Borough of Milton from filing enforcement proceedings pursuant to the provisions of the respective ordinance from § 189-4B being violated, and to appear in court before the Magisterial District Justice for prosecution at any time during the ticketing processes or without going through the ticketing process provided in this chapter.
Ordinance Number 1235 is hereby repealed and replaced by the
provisions of this chapter. If any section, paragraph, subdivision,
clause, or provision of this chapter shall be judged invalid, such
adjudication shall apply only to the section, paragraph, subdivision,
clause, or provision so adjudged, and the remainder of this chapter
shall be deemed valid and effective.
