[HISTORY: Adopted by the Township Council
of the Township of College 1-8-1987 by Ord. No. 100. Amendments noted where
applicable.]
There is hereby created by the Council of the
Township of College an office of the Township to be known as the "Office
of Ordinance Enforcement." Said office shall have the responsibility
for administering and enforcing the provisions of this chapter and
of those other ordinances of the Township which designate said Office
of Ordinance Enforcement as their official administration and enforcement
agency.
There shall be appointed by the Township Council
an Ordinance Enforcement Officer who shall be in charge of the Office
of Ordinance Enforcement. The Ordinance Enforcement Officer shall
appoint and supervise such assistants or other employees as shall
be necessary for the administration and execution of the responsibilities
of said Office. The Township Manager may serve as the Ordinance Enforcement
Officer.
[Added 5-28-1987 by Res. No. R-87-12]
There is hereby created by the Council of the Township of College a position(s) of the Township to be known as the "Assistant(s) to the Ordinance Enforcement Officer," who shall be responsible to the Ordinance Enforcement Officer to assist in the administration and enforcement of the provisions of the Ordinance Enforcement Chapter 136, College Township Ordinance No. 100, and of those other ordinances of the Township which designate said Office of Ordinance Enforcement as their official administration and enforcement agency.
The Ordinance Enforcement Officer, or his assistants
or employees, shall not, while acting for the Township, render himself
liable personally because of any act or omission as required or permitted
in the discharge of his official duties. Any suit instituted against
such Ordinance Enforcement Officer, assistant or employee, because
of any act performed by him in the lawful discharge of his duties,
shall be defended by the Township Solicitor, and in no case will said
Officer, assistant or employee be liable for costs in any action,
suit or proceeding.
An official record shall be kept of all business
and activities of the Office of Ordinance Enforcement, and all such
records shall be open to the public for inspection at all appropriate
times, except that no individual, owner, operator, occupant or other
person shall be subject to unwarranted invasion of privacy and except
that all evidence or information obtained in the course of any inspection
shall be considered privileged information and shall be kept confidential.
Such evidence or information shall not be disclosed except as may
be necessary in the judgment of the Ordinance Enforcement Officer
for the proper and effective administration and enforcement of the
provisions of this chapter and shall not otherwise be made public
without the consent of the owner, occupant, operator or other person
in charge of the premises inspected.
A.
Enforcement of ordinances. The Ordinance Enforcement
Officer shall enforce and administer all of the provisions of all
ordinances and chapters of the Code which designate the Office of
Ordinance Enforcement as their official administration and enforcement
agency.
B.
General duties. The duties of the Ordinance Enforcement
Officer shall include the making of inspections to determine conformance
with applicable chapters and ordinances, the undertaking of systematic
inspection programs, the undertaking of research and investigations,
the keeping of records, the issuance of violation notices and such
other activities as may be required.
C.
Right of entry.
(1)
In the discharge of his duties, the Ordinance Enforcement
Officer or his authorized representative, upon showing proper identification
where requested, is hereby authorized to enter and inspect, between
the hours of 8:00 a.m. and 4:30 p.m., any structure or premises in
the Township to enforce the provisions of this chapter and of those
other applicable chapters and ordinances. The assistance and cooperation
of all other municipality officials, including Police and Fire Departments,
shall be available to the Ordinance Enforcement Officer to assist
in the performance of his duties and in securing right of entry.
(2)
The Ordinance Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises
subject to the provisions of this chapter may agree to an inspection
by appointment at a mutually convenient time.
(3)
The owner, operator or occupant or other person in
charge of any structure or premises shall give the Ordinance Enforcement
Officer entry and free access thereto and to every part of the structure
or to the premises surrounding the structure.
(4)
If any owner, operator or occupant or other person
in charge fails or refuses to permit entry and free access to the
structure or premises under his control, or to any part thereof, with
respect to any authorized inspection, the Ordinance Enforcement Officer
may, upon a showing that probable cause exists for the inspection,
file a complaint and may petition for and obtain an order directing
compliance with the inspection requirements of this chapter from a
court of competent jurisdiction. Any person who refuses to comply
with such an order issued pursuant to this section shall be subject
to such penalties as may be authorized by law for violation of a court
order.
A.
Whenever the Ordinance Enforcement Officer or his
assistant determines that there are reasonable grounds to believe
that there has been a violation of any provision of this chapter or
of the other applicable Code chapters and ordinances, he shall issue
a notice of violation of the alleged violation on a form provided
for that purpose. Such notice shall contain the date and time, the
address or a description of the property or premises, the nature of
the violation or the ordinance violated and the signature of the Ordinance
Enforcement Officer.
B.
The violation notice shall be served personally upon
the responsible owner, occupant, operator or other person in charge;
or, where such responsible person in charge cannot be found, such
notice may be mailed.
C.
The violation notice shall instruct the person served
with the notice to report to the Municipal Building within five days
of the date of such notice and pay, as a penalty and in full satisfaction
of such violation, the sum of $50. The failure of any such person
to make payment within such five-day period shall render such person
subject to the penalties hereinafter provided for violation of the
provisions of this chapter. However, if such person shall, in fact,
after such five-day period but before the filing of a complaint with
the District Justice on account of such violation, make payment of
the sum of $75, such payment shall be in full satisfaction of such
violation.
[Amended 8-8-1997 by Ord. No. O-97-03]
[Amended 8-8-1997 by Ord. No. O-97-03]
A.
Imposition of penalty.
(1)
Unless a different penalty is prescribed in another
chapter of this Code, or state or federal law, a person who fails
to correct a violation or institute a remedial action as ordered by
the Ordinance Enforcement Officer or who violates a provision or fails
to comply with any requirements of this chapter or of any of the other
applicable chapters or ordinances regulating building, housing property
maintenance, health, fire, public safety, parking, solicitation, curfew,
water, air or noise pollution shall be subject to an enforcement action
brought before a District Justice in the same manner provided for
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure. Violators shall be subject upon conviction by the District
Justice to a fine of $1,000 per violation and/or imprisonment to the
extent allowed by law for the punishment of summary offenses.
(2)
Except as provided in the preceding Subsection A(1), when the penalty imposed for the violation of any ordinance is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a District Justice. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Civil penalties of a minimum of $600 per violation shall be assessed. The violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the Township in the enforcement proceeding. Each additional day shall constitute a separate violation. Violations in excess of 30 days shall entitle the Township to seek equitable relief through injunctive actions.
[Amended 6-19-2014 by Ord. No. O-14-09]
B.
The imposition of the penalties herein prescribed
shall not preclude the Township from seeking enforcement of the Township
ordinances through an action in equity brought in the Centre County
Court of Common Pleas.
C.
All fines and penalties collected for the violation
of any Township ordinance shall be paid to the Township Treasurer.
