[Adopted 7-8-1999 by Ord. No. 99-685]
This article shall be known and may be cited
as the "Upper Merion Township Fines and Penalties Ordinance."
A.
Except as provided in § 1-18 hereof, when the penalty imposed for the violation of an ordinance of the Upper Merion Township Code 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. The penalty for any ordinance which is to be enforced through a civil enforcement proceeding may not exceed $600, per violation.
B.
In any case where a penalty for a violation of a Township
ordinance has not been timely paid and the person upon whom the penalty
was imposed is found to have been liable therefor in civil proceedings,
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 proceedings.
C.
Pursuant to state law, the Township is exempt from
the payment of costs in any civil case brought to enforce an ordinance
in accordance with this section.
For all ordinances regulating building, housing,
property maintenance, health, fire, public safety, parking, solicitation,
curfew, water, air or noise pollution, enforcement shall be by action
brought before a district justice in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. In accordance with state law, the Township's Solicitor
is authorized to assume charge of the prosecution without the consent
of the District Attorney. Fines for such offenses shall not exceed
$1,000 per violation. Any such ordinance may prescribe imprisonment
for such offenses to the extent allowed by law for the punishment
of summary offenses.
Nothing herein shall limit the Township's ability
to enforce any ordinance through an action in equity brought in the
Montgomery County Court of Common Pleas.
Any ordinance may provide that a separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of the ordinance which is found
to have been violated.
All fines and penalties collected for the violation
of any Township ordinance shall be paid to the Township Treasurer.
The penalty provisions of any specific ordinance
which are inconsistent with this general fines and penalties article
are hereby repealed.
