Borough of Sayre, PA Property Maintenance

A certain document, three copies of which are on file in the office of the Borough Manager or his/her designee of the Borough of Sayre, being marked and designated as the "International Property Maintenance Code," as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Sayre, in the Commonwealth of Pennsylvania; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 134A-2 of this chapter.

§ 134A-2 Modification of standards.

The following sections are hereby revised:

In Section 101.1 insert: "Borough of Sayre."

In Section 103.6 insert: "Fee Schedule is adopted by Council by resolution and is available and posted in the Code Enforcement Office."

Section 106.3 is amended to read as follows:

[Added 11-20-2000 by Ord. No. 793]

106.3 Violations and penalties.
1.	Prosecution of ordinance violators: disposition of fines, penalties and costs: Any violation or failure to comply with any provision of any borough ordinance shall constitute a summary offense and prosecution for every such offense shall be according to the practice in the case of summary convictions.
2.	Collection of penalties: No fine or penalty shall exceed $1,000 for a violation of a building, housing, property maintenance, health, fire or public safety code or ordinance and for water, air and noise pollution violations, and shall not exceed $600 for a violation of any other borough ordinance.
3.	Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of such proceedings, or by imprisonment in the County Jail for a term of not more than 30 days, or both. The continuation of such violation for each successive day shall constitute a separate offense, and the persons or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense

In Section 303.14 insert: "April 1 to October 1."

In Section 602.3 insert: "October 1 to April 1."

In Section 602.4 insert: "October 1 to April 1."

In Section 111.2 Membership of board. The review board shall be the Sayre Code Review Board appointed by the Sayre Borough Council which will hear all appeals of the Code Enforcement Officer’s decision to enforce the Property Maintenance Ordinance. All appeals shall be filed within 30 days of notice of the violation. Said Appeals Board shall consist of three members appointed by Council for initial terms of one year, two years, and three years. Thereafter each Board member shall, upon the approval by Council, serve a term of five years. The qualifications for the Board will be determined based on the recommendation by the Borough Council who are qualified by experience and training to pass on matters pertaining to property maintenance. The Code Review Board fee shall be $750 plus costs and may be amended from time to time by the municipality for the administration and appeals undertaken pursuant to this chapter and the Code shall be established by the governing body by resolution.

[Added 12-21-2016 by Ord. No. 925; amended 12-18-2019 by Ord. No. 962]

§ 134A-3 Repealer.

Chapter 134A of the Code of the Borough of Sayre, entitled "Property Maintenance" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

§ 134A-4 Construal of provisions.

Nothing in this chapter or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 134A-3 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.

§ 134A-5 Publication; when effective.

The Borough Secretary shall certify to the adoption of this chapter, and cause the same to be published as required by law; and this chapter shall take effect and be in force from and after its approval as required by law.

§ 134A-6 Purpose.

[Added 12-21-2016 by Ord. No. 925]

Lack of maintenance of properties, littering, improper storage of trash and rubbish, high grass and weeds, storage of inoperable/nonregistered vehicles, front yard parking, and accumulation of snow and ice are costly problems that contribute to the deterioration of property values and general disorder in a community. These problems degrade the physical appearance of the Borough, which reduces business and tax revenue, inhibiting economic development. The quality of life and community pride of the citizens of Sayre are negatively impacted by the occurrences and existence of these activities. Recognizing these are community problems, the purpose of this article is to promote the health, safety and general welfare of the Borough by helping to create a clean environment for the citizens of Sayre.

This amendment is adopted to provide a fast track ticket system to ensure compliance.

§ 134A-7 General definitions.

This section is an amendment to Section 202 of the International Property Maintenance Code.

The following words, terms, and phrases, when used in this article, shall be defined as follows, unless context clearly indicates otherwise:

AUTHORIZED LITTER RECEPTACLE

A litter collection receptacle which is placed on the public right-of-way or on public property by the Borough for use by the public to deposit small quantities of hand-held trash, but not household or commercial waste.

DEBRIS

Any material upon the premises that is a residue of structural demolition, or any other material that is not neatly stored, stacked, or piled in such a manner so as not to create a nuisance or become a harboring place or food supply for insects and rodents.

DUMPING

Includes, but is not limited to, depositing of litter, depositing durable goods (refrigerators, washers, dryers, etc.), small appliances, furniture, carpets, tires, vehicles, vehicle parts and automotive products, and other such municipal waste, hazardous waste, residual waste and construction or demolition debris on public or private property, except as authorized by law.

LITTER

Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers, food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste, furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded, deposited, or disposed.

LOCAL RESPONSIBLE AGENT

Any person residing or working within the County of Bradford designated to accept service on behalf of a legal owner or operator of a rental dwelling unit.

MOTOR VEHICLE NUISANCE

A motor vehicle with one or more of the following defects:

(1)

Broken windshields, mirrors, or other glass with sharp edges.

(2)

Broken headlamps, tail lamps, bumpers, or grills with sharp edges.

(3)

Any body parts, truck, firewall, or floorboards with sharp edges or large holes resulting from rust.

(4)

Protruding sharp objects from the chassis.

(5)

Missing doors, windows, hood, trunks, or other body parts that could permit animal harborage.

(6)

One or more open tires or tubes which could permit animal harborage.

(7)

Any vehicle suspended by blocks, jacks, or other such materials in a location which may pose a danger to the public, property owners, visitors, or residents of the property on which said vehicle is found.

(8)

Any excessive fluids leaking from vehicle which may be harmful to the public or the environment.

(9)

Disassembled body or chassis parts stored in, on or about the vehicle.

(10)

Vehicles that do not display a current valid driver license and registration.

(11)

Such other defects which the Fire Department determines to be a danger to the general public or property.

(12)

Motor vehicles parked, drifted, or otherwise located which may interfere with flow of pedestrian or automobile traffic or impede emergency efforts, including fire and rescue.

MUNICIPAL WASTE

Any garbage, refuse, industrial, lunchroom, or office waste, and other material, including solid, liquid, semisolid, or contained gaseous material, resulting from operation of residential, municipal, commercial, or institutional establishments or from community activities, and which is not classified as residual waste or hazardous waste as defined herein. The term does not include source-separated recyclable materials or organic waste.

NOTICE OF VIOLATION

A written document issued to a person in violation of a Borough ordinance which specifies the violation and contains a directive to take corrective action within a specified time frame or face further legal action.

NUISANCE

Any condition, structure, or improvement which constitutes a danger or potential danger to the health, safety, or welfare of citizens of the Borough or causes a blighting effect in Borough neighborhoods. See also "public nuisance."

PRIVATE PROPERTY

Any land and the improvements thereon owned by any person, and includes front, side, and rear yards; vacant lots, buildings, and other structural improvements; walkways and alleyways; and parking areas, designed or used either wholly or in part for private residential, industrial, or commercial purposes, whether inhabited, temporary, continuously uninhabited, or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging to or appurtenant to such dwelling, house, building, or other structure.

PUBLIC NUISANCE

Any conditions or premises which are unsafe, unsanitary or disruptive.

PUBLIC OFFICER/CODE OFFICER or POLICE

Any police officer or Code Officer, or public official designated by the Borough to enforce the Borough ordinances.

RECYCLABLE MATERIAL

Material which would otherwise become municipal waste, which can be collected, separated, or processed, and returned to the economic mainstream in the form of raw materials or products. These materials may include, but not be limited to, aluminum cans, ferrous and bi-metal cans, glass containers, plastic bottles and containers, mixed paper, white goods, major appliances, televisions, tires, and large auto parts.

SHADE TREE

Any planted tree located within the right-of-way or tree lawns, the public streets and highways of the Borough or on public land. (See Chapter 153, Trees, § 96-2.)

SIDEWALK AREA

The public right-of-way between the property line and the curb line or the established edge of the roadway.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid, or contained gaseous materials.

STORAGE

The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of three months constitutes disposal.

VEGETATION

Any planting that is cultivated and managed for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, hedges, flowers, etc.

VIOLATION TICKET

A form issued by a police officer or Code officer to a person who violates a provision of this article. The violation ticket is an offer by the Borough of Sayre extended to a person to settle a violation by paying the fine in lieu of a nonmoving violation being issued against the violator.

WEEDS

(1)

All grasses, annual plants, and vegetation, which meet any of the following criteria:

(a)

Exceed six inches in height.

(b)

Exhale unpleasant noxious odors or pollen, and miscellaneous other vegetation commonly referred to as "weeds" or "brush."

(c)

May conceal filthy deposits or serve as breeding places for mosquitoes, other insects, or vermin.

(d)

Encroach onto neighboring properties by way of leaders or roots without the property owners' consent.

(e)

May cause a public nuisance.

(2)

Weeds shall not include cultivated and managed vegetation planted for edible or ornamental purposes, such as vegetable gardens, trees, shrubs, flowers, etc.

§ 134A-8 Modifications of standards.

Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this Code shall be as indicated in the following schedule: A fee based on the fee schedule adopted by Borough Resolution shall be assessed on a case-by-case basis based upon the severity and circumstances of the violation as determined by the Borough Manager or Borough Code Officer.

Section 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall be vacated as ordered by the Borough Code Officer or third-party inspector. Any person who shall occupy a placarded premises or operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, before the release of condemnation by the Borough Code Officer or the third-party Code Inspector shall be liable to a fine of up to $1,000. Each day the violation continues will be considered a separate offense.

Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $500.

Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

Section 302.4.1 Shrubs and bushes. Bushes and shrubs on all premises and exterior property shall be maintained and kept in good order that will not create a safety hazard for the visibility for pedestrian and/or vehicular traffic.

Section 302.4.2 Dangerous trees. Any tree(s) that is (are) considered dangerous by the Borough Code Officer or Shade Tree Commission, due to overgrowth, instability, infestation or harmful insects or a dead tree, shall be ordered removed or made safe by the property owner. If the property owner refuses or is unable to remove the unsafe condition, then the Borough has the authority to take appropriate action to make safe the dangerous condition and lien all costs involved to the property owner. All notices and orders shall comply with Section 107 of the (IPMC) relating to notices and orders. Any person in violation of this order shall be liable to a fine of not more than $600. Each day the violation continues is considered a separate offense.

§ 134A-9 Additional violations.

Additional violations under this chapter shall be for the offenses set forth in this section which will supersede the language in the International Property Code:

Borough permits to be displayed and followed. All Borough permits shall be displayed in a fashion that makes them visible from the roadway. In cases of demolition, the permit shall be displayed in the back window of a construction vehicle parked on site and visible from the roadway. Should a permittee be unable to comply with this requirement, they shall have to notify the office of Borough Code Officer or designee or third-party Code Inspector and seek immediate authorization/approval. Once the Borough provides notice to a property owner that a permit is necessary, any additional work to the property shall allow the Borough to fine the property owner and/or the person(s) performing the work for violation of this section.

Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of waste, trash, rubbish, or garbage.

Animal maintenance and waste/feces cleanup. People owning, harboring, or keeping an animal within the Borough of Sayre shall not permit any waste matter/feces from the animal to collect and remain on the property so as to cause or create an unhealthy, unsanitary, malodourous odor, or dangerous or offensive living condition. All waste from animals must be cleaned up on a daily basis.

Disposal of rubbish or garbage/dumping. Improper disposal of rubbish or garbage, or dumping or disposing of rubbish or garbage on vacant, unoccupied, or other property.

High weeds, grass or plant growth. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants, and vegetation. Cultivated flowers, gardens, trees, and shrubs shall not be included as a violation of this article.

Littering or scattering rubbish. No person shall throw, dump, place, sweep, or dispose of any waste, trash, garbage, or rubbish upon any public sidewalk, alley, street, bridge, public passageway, public parking area, or on any public property.

Ownership presumption of waste, trash, and/or recyclables for illegal dumping and illegal hauling. It shall be the responsibility of every owner and/or occupant to dispose of his or her waste, trash, or recyclables in a proper manner. Any business or person who is unable to show proof that he, she or it has legally disposed of any waste, trash, or recyclables will be in violation of this article. Should any person or business use an unlicensed hauler (§ 93-11) to dispose of his, her or its waste, trash, or recyclables, said person or business shall be in violation of this article. Upon request of the public officer, any owner or occupant must show proof of his or her appropriate trash and/or recyclable hauler. If any parts are found within a municipal waste container, recycling container, garbage bag, or loose trash/waste displaying the name and/or address of a person and/or persons, that trash or waste shall be presumed to be the property of such person and/or persons. It shall be unlawful for any person, business, partnership, or entity to remove or haul waste, trash, or recyclables without the proper approval or license. Any waste, trash, or recyclables found not to be disposed of in accordance with this article will be a violation of this article.

Snow and ice removal from sidewalks. It shall be the responsibility of property owners, property holders, occupants, tenants or persons in charge of property within the Borough to clear or have cleared any accumulation of snow and ice from sidewalks and foot walks including the area where a detectable warning surface is installed by the Borough along their property or property occupied by them to the adjoining property. All snow, ice, and sleet shall be cleared not later than 24 hours after each accumulation occurs. The twenty-four-hour time period shall begin after the period of precipitation ends. Furthermore, he, she or it must create a path, free from any snow or ice, the entire width of sidewalk. A person or persons shall not take the snow or ice removed from the sidewalk or parking areas and dump, shovel, pile, or discharge on any public street or alley to the extent that it interferes with wheeled traffic. A person or persons shall not pile accumulations of snow or ice in the vicinity of a fire hydrant.

Storage containers for waste or trash. The owner of every premises shall supply approved containers for waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash shall be durable, watertight, and made of metal or plastic. Containers must have tight-fitting covers and must be kept clean and odor-free at all times. All containers must be stored in the rear or side yard of every property. Waste/trash containers may only be placed in front of any property the night before the day of the scheduled waste/trash pickup day. Once the licensed hauler removes the waste/trash from any property, all containers must be returned to the rear or side yard of any property before daybreak on the day following pickup.

Storing of recyclables. It shall be the responsibility of the owner of all residential, commercial, and industrial property to ensure storage, collection, and disposal of all recyclables from his, her or its property in such a manner as not to create a public nuisance. Storage of recyclables is only allowed in approved containers, which must be kept clean and sanitary at all times.

Shrubs and bushes. Bushes and shrubs on all premises and exterior property shall be maintained and kept in good order that will not create a safety hazard for the visibility for pedestrian and/or vehicular traffic.

Dangerous trees. Any tree that is considered dangerous and unsafe to the public by the Borough Code Officer or the Shade Tree Commission, due to overgrowth, instability, infestation, harmful insects or a dead tree.

Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair within 30 days of the receipt of the notice of violation.

Improper disposal of grass and leaves. Any person or persons shall not take any cut grass trimmings, any leaves, or any other branches removed from a Borough property and dump, pile, blow, or dispose on to any public street or alley.

Front yard parking. Off street parking in the residential districts as designated by the Borough Zoning Ordinance, Chapter 173, § 173-111D, stated as follows: Off street parking in residential district shall be in the driveway or rear driveway apron only. There shall be no parking on the lawn in the front yard, except on a temporary basis for moving.

Inoperable motor vehicle. Any property owner storing an inoperable motor vehicle on their property described herein with defects under the definition of motor vehicle nuisance shall be in violation of this chapter.

§ 134A-10 Authority to issue violation tickets.

The authority for issuance of violation ticket for violations under § 134A-9. For the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

Upon finding any snow violation under the Borough Ordinance of Snow Removal, Chapter 141, Part 4, Article IX, concerning removal of snow on sidewalks; under the Borough Nuisance Ordinance regarding high weeds, Chapter 111, § 111-1 in excess of six inches; under the Borough Property Maintenance Ordinance regarding garbage, Chapter 93; under the Borough Ordinance regarding trees, Chapter 153, any public official, as previously defined herein, may issue violation ticket(s) to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this article.

§ 134A-11 Enforcement.

The enforcement for violations under § 134A-9 for the offenses set forth in § 134A-9; which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

The provisions of this article shall be enforced by the Code Officer or Police Officer, as previously defined herein.

Any violation of the provisions of this article may be cause for a nonmoving violation, a violation ticket, and/or a notice of violation to be issued to the violator.

§ 134A-12 Service of violation tickets.

The service of violation ticket for violations under § 134A-9 for the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

A violation ticket shall be served upon a violator by handing it to the violator, by handing it at the residence of the person to be served to an adult member of the household or other person in charge of the residence, by leaving or affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual place of business of the violator to his/her local responsible agent or to the person for the time being in charge thereof, or by mailing the notice to the violator's address of record.

As follows:

(1)

Written name of the property owner and/or violator shall receive notice of the violation by a doorknocker attached to the front door of the dwelling or of the building and/or by posting a letter to the property owner or the violator or the agent for the property owner. Said notice shall be only given once to the property owner or the violator or the agent for the property owner for the specific violation.

(2)

If property owner or violator does not correct the violation, within 24 hours after they receive the written notice, they shall receive a ticket for the violation with a specific fine.

(3)

If the violation is not taken care of the Borough can correct the violation and file a municipal lien against the property for the Borough's cost of remediation and 10% administration fee and include the Borough's Attorney fees and cost of filing a municipal lien.

(4)

If the ticket is not paid within 10 days or the violation continues, a nonmoving violation will be issued.

(5)

The property owner shall only receive only one doorknocker or letter providing notice of violation; thereafter, a ticket will be issued for the violation contained in the original notice for any twelve-month period of violations.

§ 134A-13 Separate offenses.

Separate offense for violations under § 134A-9 for the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.

§ 134A-14 Abatement of violations.

Abatement of violations for violations under § 134A-9 for the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

Any person or business violating this chapter is hereby directed to satisfy the Borough of Sayre and its citizens, upon issuance of a ticket, by correcting the violation in question. A public officer is authorized and empowered to cause a violation to be corrected. The cost shall be determined by the Borough Code Enforcement Officer in order that the Borough shall be compensated for both the costs and expenses incurred as adopted by Borough Council resolution.

The Borough of Sayre and/or its contractor, per the direction of the Borough, reserves the right to abate the violation in question at the expense of the owner. If the Borough has effected the abatement of the violation, the total cost thereof, to include hourly wages and all items and materials used, may be charged to the owner of the property, tenant, or offending party. A bill/invoice will be generated to the violator for payment separate from the ticket, which will also be paid separately.

In all instances where the Borough abates the violation, in addition to the fine set forth in the tickets, the Borough is authorized to recover from the offending party, the owner of the property, or tenant the abatement charges and such other charges established by the Borough Code Enforcement Officer and the rules and regulations.

Borough of Sayre cleanup. The Borough reserves the right to perform any necessary work to abate any violation once 48 hours passes from the date of issuance of the ticket. Should the violation, at the discretion of the Borough Code Enforcement Officer, present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to perform the abatement immediately. The Borough will perform this work at a rate set forth in the resolution adopted by Council, per man, and forward the cost of any material necessary for the abatement. The Borough reserves the right to charge an additional 10% on all material purchases to cover all miscellaneous expenses, such as wear and tear on equipment.

Contractor cleanup. The Borough reserves the right to direct a contractor to perform the abatement of the violation in question once 48 hours passes from the date of issuance of the ticket. Should the violation present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to direct the contractor to perform the abatement immediately. The contractor will submit a bill for its work to the Borough of Sayre, and the Borough will forward these costs to the violator. The Borough reserves the right to add a ten-percent processing fee in addition to the cost of the contractor.

§ 134A-15 Violations and penalties.

Fines and penalties for violations under § 134A-9 for the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

Any person who violates this chapter shall pay a fine as set forth herein for each offense, plus all direct and indirect costs incurred by the Borough for the cleanup and abatement of the violation.

Violation	Description	Fine	Payment Due
NEW-001	Borough permit to be displayed, build permit	$50	48 hours
NEW-002	Accumulation of rubbish or garbage	$50	48 hours
NEW-003	Animal maintenance and waste/feces cleanup	$50	48 hours
NEW-004	Disposal of rubbish or garbage; dumping	$50	48 hours
NEW-005	High weeds, grass or plant growth	$50	48 hours
NEW-006	Snow and ice removal from sidewalks	$50	48 hours
NEW-007	Storage containers for waste or trash	$50	48 hours
NEW-008	Storing of recyclables	$50	48 hours
NEW-009	Shrubs and bushes	$50	48 hours
NEW-010	Improper disposal of grass and leaves	$50	48 hours
NEW-011	Front yard parking	$50	48 hours
NEW-012	Dangerous trees	$100	48 hours
NEW-013	Littering or scattering rubbish	$100	48 hours
NEW-14	Ownership presumption of waste, trash and/or recyclables for illegal dumping and illegal hauling	$100	48 hours
NEW-15	Defacement of property	$150	48 hours
NEW-16	Inoperable motor vehicle	$150	48 hours

Failure of the person to make payment within 10 days of the date of a violation ticket shall result in the filing of a nonmoving violation charge, for failure to pay, with the Magisterial District Judge.

If violations are continuous or egregious, code officials have the right to issue nonmoving violation charge without first issuing tickets, provided notice has been given. Notice can be given with a letter, door knocker or posting the premises. (Continuance is more than one time in a twelve-month period.)

If violations are for failure to remove snow and the property owner has previously received notice or is guilty of a violation and fails to remove the snow within 24 hours, they will be issued a ticket and/or a nonmoving violation charge without any further notice.

The second offense that occurs within a twelve-month period from the first offense shall be a minimum fine of $75, and each subsequent offense in less than 12 months is $100 each.

§ 134A-16 Nonmoving violation fines.

Nonmoving violation fines for violations under § 134A-9 for the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

Any person, firm, or corporation who shall fail, neglect, or refuse to comply with any of the terms or provisions of this chapter, or of any regulation or requirement pursuant hereto and authorized hereby, shall, upon conviction before the Magisterial District Judge, be ordered to pay a fine of not less than $300 and not more than $1,000 on each offense, or imprisoned no more than 90 days, or both.

§ 134A-17 Restitution, costs and attorney's fees.

Restitution, costs and attorney's fees for violations under § 134A-9 for the offenses set forth in § 134A-9, which will supersede the language in the International Property Code for violations for these offenses set forth under § 134A-14.

The Magisterial District Judge may order the violator to make restitution where appropriate, to pay the Borough's costs of collection/nonmoving violation proceedings, and to pay the Borough's reasonable attorneys' fees associated with the prosecution of the same.

§ 134A-18 Effect on other provisions.

All relevant ordinances, regulations, and policies of the Borough of Sayre, Pennsylvania, not amended shall remain in full force and effect.

Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be subordinate to this chapter to the extent of such conflict, and the language contained in the chapter shall control.

§ 134A-19 Severability; amendment.

If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion.

The Borough reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this chapter and the effective administration thereof.

§ 134A-20 When effective.

This chapter shall be effective on the date of enactment.