[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1997 by Ord. No. 153]
This article shall be known as the "Civil/Criminal Enforcement Procedure Ordinance of Maidencreek Township" and shall govern the imposition of fines and penalties for violation of the ordinances of the Township.
[Amended 3-11-2010 by Ord. No. 223]
Effective upon the passage of this article, any Township ordinance regulating buildings, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution, shall be enforced through a summary offense procedure initiated before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, pursuant and as authorized by Section 1601(c.1)(2) of Act 172 of 1996.
Editor's Note: See 53 P.S. § 66601(c.1)(2).
Effective upon the passage of this article, any ordinance other than those ordinances referred to by subject matter contained in § 1-2A above, shall be enforced through a civil enforcement proceeding to be conducted by the Township as follows:
When it has been determined that a Township ordinance has been violated, the Supervisors shall impose a penalty for the violation of said ordinance pursuant to Subsection F below.
In the event the penalty imposed by the Board of Supervisors is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a Magisterial District Judge.
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.
In addition to or in lieu of civil actions before a Magisterial District Judge, the Township may at its option enforce any ordinance violation in a court of equity.
In any case where a penalty for a violation of a Township ordinance has not been timely paid and the person(s) and/or entity upon whom the penalty is imposed is found to have been liable therefor in a civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney's fees incurred by the Township in the enforcement proceedings.
The Board of Supervisors shall, from time to time by resolution, appoint Township Enforcement Officer(s) for the enforcement of the Township's ordinances. Such Enforcement Officer(s) are authorized and directed to institute civil proceedings or criminal proceedings, as appropriate, as required to achieve compliance with the ordinances of the Township.
After the Township Enforcement Officer has made an initial determination of an ordinance violation, he shall promptly serve notice of said violation to the person(s) and/or entity causing the violation and further establish the fine for said violation pursuant to the schedule of fines for violations, as more fully set forth in §§ 1-2B and 1-3F above. Where a penalty for a violation of a Township ordinance is not paid within 30 days from the date of notice, the Township Enforcement Officer shall initiate the appropriate enforcement proceeding.
[Amended 3-11-2010 by Ord. No. 223]
In each civil enforcement proceeding the Enforcement Officer shall, pursuant to the provisions of Section 1601(c.1)(1) of the Act [53 P.S. § 66601(c.1)(1)], include a demand for all court costs and reasonable attorney's fees incurred by the Township.
The amount of the fines as set forth in the complaint filed with the Magisterial District Judge shall be determinative upon the trier of facts, including the Magisterial District Judge and the Court of Common Pleas (on appeal).
[Amended 3-11-2010 by Ord. No. 223]
For any person(s) and/or entity who is not in compliance with any Township ordinance(s), each continuing day or portion thereof of violation or noncompliance shall be a separate offense for which the Enforcement Officer may seek separate fines and costs in the same or separate proceedings.
No judgment may be imposed pursuant to this article until a determination has been made by the appropriate Magisterial District Judge, or if the Magisterial District Judge decision is appealed, by the Court of Common Pleas.
If the person(s) and/or entity fails to pay a final judgment, Maidencreek Township may enforce the judgment obtained pursuant to the Pennsylvania Rules of Civil Procedure.
Upon the direction of the Board of Supervisors, the Township Solicitor shall assist the Township Enforcement Officer in the enforcement proceedings and in obtaining a judgment before the Magisterial District Judge or the Court of Common Pleas, or appellate courts, and in the filing of the judgment or in execution upon the judgment.
With regard to ordinances enacted prior to May 7, 1996, those regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution, shall be deemed automatically amended so that they shall be enforced by an action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses in accordance with § 1-2.
All fines and penalties collected for the violation of any Township ordinance shall be paid to the Township Treasurer.
[Adopted 3-11-2010 by Ord. No. 223]
Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Pennsylvania Second Class Township Code, the codification of a complete body of legislation for the Township of Maidencreek, County of Berks, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 220, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Maidencreek, which shall be known and is hereby designated as the "Code of the Township of Maidencreek," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Maidencreek, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-16 below, and only new or changed provisions, as described in § 1-19 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-28 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Maidencreek and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-28 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-16 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-16 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
Any ordinance adopted subsequent to October 10, 2009.
Any right or liability established, accrued or incurred under any legislative provision of the Township prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Township or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the Township.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Township or other instruments or evidence of the Township's indebtedness.
Any ordinance adopting an annual budget or establishing an annual tax rate.
Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.
Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.
Any ordinance annexing land to the Township.
Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.
Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways.
Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or abandonment of any part of a system of sewers or water supply lines.
Any ordinance providing for the making of public improvements.
Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.
Any ordinance concerning changes and amendments to the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-17A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
Nonsubstantive grammatical changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.
Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-28.
Editor's Note: In accordance with § 1-19B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-11-2010 by Ord. No. 223." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
Nomenclature. Throughout the Code, references to the following agencies or officials are updated as indicated:
"Department of Environmental Resources" or "DER" to "Department of Environmental Protection" or "DEP."
"Department of Community Affairs" or "DCA" to "Department of Community and Economic Development" or "DCED."
"Justice of the Peace," "Alderman," "District Magistrate" and "District Justice" to "Magisterial District Judge."
"Soil Conservation Service" or "SCS" to "Natural Resources Conservation Service" or "NRCS."
In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.
Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Township Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Township Secretary, available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Board of Supervisors to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said Code as amendments and supplements thereto.
It shall be the duty of the Township Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Township Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.
The Township Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction of the Code in a newspaper of general circulation in the Township. The enactment and application of this ordinance, coupled with the publication of the notice of introduction, the availability of a copy or copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the county, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof, in any manner whatsoever, which will cause the law of the Township to be misrepresented thereby. Any person who violates or permits a violation of this section of this ordinance, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Board of Supervisors that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.
This ordinance shall be effective five days after enactment.