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.
[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.