[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge as indicated in article histories. Amendments
noted where applicable.]
[HISTORY: Adopted by the Borough Council of the Borough of
Old Forge 10-19-1982 by Ord. No. 7-1982; amended in its entirety 5-31-1994 (Ch. 96, Art. II, of the 1994
Code). Subsequent amendments noted where applicable.]
There is hereby adopted by the Borough of Old
Forge, for the purpose of regulating supplied facilities, maintenance
and occupancy of dwellings and dwelling units, a housing ordinance,
being designated as the "BOCA National Property Maintenance Code,"
current edition, as recommended by the Building Officials and Code
Administrators International, Inc., and the whole thereof, a copy
of which has been and is now filed in the office of the Borough Secretary,
and the same is hereby adopted and incorporated as fully as if set
out at length herein, and from the date on which this chapter shall
take effect, the provisions thereof shall be controlling within the
limits of the Borough of Old Forge.[1]
[1]
Editor's Note: Ordinance No. 1996-10, adopted 9-17-1996, provided
as follows: "The current BOCA Basic Property Maintenance Code is hereby
adopted by the Council of the Borough of Old Forge."
Any person who shall violate any provision of
this chapter or of the code hereby adopted or any provision of any
rule or regulation adopted pursuant to the authority granted by this
chapter shall, upon conviction, be punished by a fine of not more
than $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, by imprisonment for not more than 30 days,
or by both such fine and imprisonment, and each day's failure to comply
with any such provision shall constitute a separate violation.
[Added 9-17-1996 by Ord.
No. 1996-10]
The Code Enforcement Officer shall be empowered to enforce all
provisions of said code.
[Adopted 6-21-2022 by Ord. No. 7-2022]
A.
The title of this article shall be "Quality of Life Violations Ordinance."
B.
Purpose. Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/nonregistered vehicles,
vendor operations without permits, high grass and weeds, graffiti
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 Old Forge
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 Old Forge.
The following words, terms, and phrases, when used in this article,
shall be defined as follows, unless context clearly indicates otherwise:
Is 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 handheld trash, but not
household or commercial waste.
A motor vehicle that has a gross vehicle weight of greater
than 6,000 pounds and is primarily used for business purposes, including,
but not limited to, making service calls, transporting equipment used
in a business or in accomplishing physical work as part of a business
(such as hauling material).
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.
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.
The animal or vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state
or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
Harboring of rodents, insects, or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, 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.
Any person residing or working within the County of Lackawanna
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Borough
that does not typically remain stationary for more than approximately
10 minutes each hour.
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from runs.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
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.
Any excessive fluids leaking from vehicle which may be harmful
to the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid license and registration.
Such other defects which the Fire Department determines to be
a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrian or automobile traffic or impede
emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation or 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.
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.
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."
Every natural person, firm, corporation, partnership, association,
or institution.
The non-concrete space in the sidewalk area filled with dirt
and/or grass.
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.
Any conditions or premises which are unsafe, unsanitary or
disruptive.
Any police officer or public official designated by the municipality
to enforce the Borough ordinances.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
Material which would otherwise become municipal waste, which
can be collected, separated, or processed, and returned to the economic
main-stream in the form of raw materials or products. These materials
may include, but not be limited to, aluminum cans, ferrous and bimetal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliances, televisions, tires, and large auto
parts.
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way.
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal as such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
A truck with a minimum of three axles that is primarily intended
to pull a trailer, as defined below, and not primarily to carry goods
itself.
A commercial vehicle with a length of 20 feet or more that
is not self-propelled, that is intended to haul materials, vehicles,
goods, gases or liquids and that is intended to be pulled by a tractor,
and that is not a recreational vehicle.
The nonconcrete area surrounding a shade tree planted in
a sidewalk area.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by a police officer or public officer to a
person who violates a provision of this article. The violation ticket
is an offer by the Borough of Old Forge extended to a person to settle
a violation by paying the fine in lieu of a citation being issued
against the violator.
All grasses, annual plants, and vegetation which meet any of
the following criteria:
Exceed 10 inches in height.
Exhale unpleasant noxious odors or pollen such as ragweed, dandelion,
and miscellaneous other vegetation commonly referred to as weeds or
brush.
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
Encroaches onto neighboring properties by way of leaders or
roots without property owners consent.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot with a structure.
A.
Quality of life violations are as follows:
(1)
Operating a food cart illegally. It shall be unlawful to operate
any food cart without the proper permits and/or inspections. It shall
also be unlawful to operate any food cart while any portion of the
cart is inoperable.
(2)
Operating or vending without the proper permit/license. It shall
be unlawful for any person, business, partnership, or entity to operate,
including, but not limited to, any business, vending cart, store,
or establishment without the proper permits.
(3)
Storing of hazardous material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive, or
other hazardous materials, including, but not limited to, paints,
volatile oils and cleaning fluids, or combustible rubbish, including,
but not limited to, wastepaper, boxes, or rags unless the storage
of said materials is stored in compliance with the applicable building
codes.
(4)
Storing or serving of potentially hazardous food. No individual or
entity operating a business shall store or serve potentially hazardous
food. Out-of-date food, food being stored above or below the appropriate
temperature, food being stored directly on a flooring surface, infestation
problems at the location, or serving food that had previously been
open are considered a violation of this article.
(5)
Violating the terms of any vending license. It shall be unlawful
to violate any term, part, portion or in total, any vending license
and/or peddler permit. Any person, business, partnership, or entity
violating their vending license shall be in violation of this article.
(6)
Temporary dumpster permit required. Each temporary dumpster, placed
on in a public right-of-way, shall have reflective materials as required
by state law and shall otherwise comply with law.
(7)
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, place permit in sealed page protector, to
be secured to a larger yellow board, affixed to a two-inch-by-two-inch
stake, to be located at one of the front corner pins on the property.
Should a permittee be unable to comply with this requirement, they
shall have to notify the Borough 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.
(8)
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.
(9)
Animal maintenance and waste/feces cleanup. People owning, harboring,
or keeping an animal within the Borough of Old Forge 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, dangerous,
or offensive living condition. All waste from animals must be cleaned
up on a daily basis.
(10)
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.
(11)
High weeds, grass or plant growth. All premises and exterior
property shall be maintained free from weeds or plant growth in excess
of 10 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.
(12)
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.
(13)
Motor vehicles. It shall be unlawful to store, park, or place
any unregistered, uninspected, inoperative, unlicensed, or nuisance
motor vehicle on any premises. No vehicle shall at any time be in
a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Painting of vehicles is prohibited unless
conducted inside an approved spray booth.
(14)
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any/all appliances or furniture, including, but
not limited to, ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs, or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property. If maintenance is being performed,
or if the items are actively being sold in a yard sale, the items
shall not be left unattended.
(15)
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 their waste, trash, or
recyclables in a proper manner. Any business or person who is unable
to show proof that they have legally disposed of any waste, trash,
or recyclables will be in violation of this article. Should any person
or business use an unlicensed hauler to dispose of their 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 their appropriate trash and/or recyclable hauler.
Any parts 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.
(16)
Placement of littering by private advertising matter. No person
shall throw, place, sweep, or dispose of litter or private advertising
matter upon any public sidewalk, alley, street, bridge, public passageway,
and public parking area, or any public property or public utility
including poles. No person, group, organization, or entity will hang,
place, or advertise on any public property in any manner. No person,
group, organization, or entity will hang, place, or advertise on any
property that they do not have any ownership rights to without the
written approval of said owner.
(17)
Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is responsible for
any property within the Borough of Old Forge, is required to remove
any snow or ice from their sidewalk within 24 hours of the cessation
of said snow and ice falling. Furthermore, they must create a path,
free from any snow or ice, of three feet on said sidewalk. Should
any property be a place of business within the Borough of Old Forge,
all snow and ice must be removed within four hours of the cessation
of said snow and ice falling. Any property that is deemed a business
must have the entire sidewalk free from any snow and ice. If and/or
when the snow and/or ice cessation happens during the hours of darkness,
the time limit of removal of all snow and ice begins at daybreak.
In the case of compacted thick ice, the use of road salt and/or ashes
to gain pedestrian traction is acceptable temporarily until which
time said compacted ice can be reasonably broken up and removed. Ordinance
#186, February 14, 1996.
(18)
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 shall be located 10 feet back out of
the front yard for non-pickup storage. Waste/trash containers may
only be placed in front of any property 6:00 p.m. 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 10 feet back out of the front yard for non-pickup storage
before daybreak on the day following pickup. (Example: Jim Smith's
trash collection day is Wednesday. Jim Smith may place his trash containers
out front of his property on Tuesday night, after 6:00 p.m. Jim Smith
must place his trash containers 10 feet back out of the front yard
before daybreak on Thursday morning.)
(19)
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 their property
in such a manner 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.
(20)
Swimming pools. Swimming pools shall be maintained in good repair
at all times. They shall also be kept clean, safe, covered, and sanitary
as well. All pools over 24 inches in height must be protected by a
fencing (minimum, 36 inches pool top or 48 inches ground level) with
approved child safety locking mechanisms.
(21)
Prohibited occupancy. Any building, machine, or equipment which
is condemned shall not be occupied or operated.
(22)
Shrubs and bushes. Bushes and shrubs on all premises and exterior
property shall be maintained and kept in good order.
(23)
Dangerous trees. Any tree that is considered dangerous and unsafe
to the public by the Borough or its designee Code Officer, due to
overgrowth, instability, infestation, harmful insects or a dead tree.
(25)
Vehicle repairs/maintenance in a residential district. No person
shall operate repairs for profit in residential districts. This would
include vehicles not owned by the property occupant and use of repairs
and storage on street.
(26)
Accessory structures. All accessory structures, including detached
garages, fences, and walls, shall be maintained structurally sound
and in good repair.
(27)
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.
(28)
Illegal signs/billboards. No person or business shall construct
and display a sign/advertisement without the appropriate approval
and permit from the Borough.
(29)
Working without a license. No person shall work within the Borough
of Old Forge without the appropriate contracting license from the
state, if required.
(30)
Landlord license required. No landlord shall have a dwelling
unit occupied by one or more tenants without a Landlord License.
Upon finding a quality of life violation, any public official,
as previously defined herein, may issue quality of life 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.
A.
The provisions of this article shall be enforced by the Licensing,
Inspections and Permits Department, or any public official, as previously
defined herein.
B.
Any violation of the provisions of this article may be cause for
a citation, a violation ticket, and/or a notice of violation to be
issued to the violator.
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 agent or to
the person for the time being in charge thereof, or by mailing the
notice to the violator's address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.
Any person or business violating this article is hereby directed
to satisfy the Borough of Old Forge and its citizens, upon issuance
of a quality of life 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 Code Enforcement
Officer or designee of the Borough in order that the Borough shall
be compensated for both direct and indirect costs and expenses incurred.
B.
The Borough of Old Forge 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 quality of life ticket, which
will also be paid separately.
C.
In all instances where the Borough abates the violation, in addition
to the fine set forth in the quality of life ticket, 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 Code Enforcement Officer and the rules and regulations.
D.
Borough of old forge 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 quality of life ticket. Should the violation
at the discretion of the 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 of $75 per hour, per man, and forward the cost
of any material necessary for the abatement. The Borough reserves
the right to charge an additional 20% on all material purchases to
cover all miscellaneous expenses, such as wear and tear on equipment.
E.
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 quality of life 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 their work to the Borough of Old Forge and the Borough will
forward these costs to the violator. The Borough reserves the right
to add a 30% processing fee in addition to the cost of the contractor.
A.
Any person who violates this article 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
|
|---|---|---|---|
|
QOL-001
|
Operating a food cart illegally
|
$150
|
48 hours
|
|
QOL-002
|
Operating or vending without the proper permit/license
|
$200
|
48 hours
|
|
QOL-003
|
Storing of hazardous material
|
$250
|
48 hours
|
|
QOL-004
|
Storing or serving potentially hazardous food
|
$200
|
48 hours
|
|
QOL-005
|
Violating the terms of any vending license
|
$150
|
48 hours
|
|
QOL-006
|
Temporary dumpster permit required
|
$100
|
48 hours
|
|
QOL-007
|
Borough permit to be displayed
|
$100
|
48 hours
|
|
QOL-008
|
Accumulation of rubbish or garbage
|
$100
|
48 hours
|
|
QOL-009
|
Animal maintenance and waste/feces cleanup
|
$100
|
48 hours
|
|
QOL-010
|
Disposal of rubbish or garbage; dumping
|
$100
|
48 hours
|
|
QOL-011
|
High weeds, grass or plant growth
|
$100
|
48 hours
|
|
QOL-012
|
Littering or scattering rubbish
|
$100
|
48 hours
|
|
QOL-013
|
Motor vehicles
|
$100
|
48 hours
|
|
QOL-014
|
Outside placement of indoor appliances/furniture
|
$100
|
48 hours
|
|
QOL-015
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping and illegal hauling
|
$100
|
48 hours
|
|
QOL-016
|
Placement of littering by private advertising matter
|
$100
|
48 hours
|
|
QOL-017
|
Snow and ice removal from sidewalks
|
$100
|
48 hours
|
|
QOL-018
|
Storage containers for waste or trash
|
$100
|
48 hours
|
|
QOL-019
|
Storing of recyclables
|
$50
|
48 hours
|
|
QOL-020
|
Swimming pools
|
$100
|
48 hours
|
|
QOL-021
|
Prohibited occupancy
|
$1,000
|
24 hours
|
|
QOL-022
|
Shrubs and bushes
|
$100
|
48 hours
|
|
QOL-023
|
Dangerous trees
|
$100
|
48 hours
|
|
QOL-024
|
Commercial/junk vehicles in a residential area
|
$200
|
48 hours
|
|
QOL-025
|
Vehicle repairs/maintenance in a residential district
|
$150
|
48 hours
|
|
QOL-026
|
Accessory structures
|
$150
|
48 hours
|
|
QOL-027
|
Defacement of property
|
$150
|
48 hours
|
|
QOL-028
|
Illegal signs/billboards
|
$150
|
48 hours
|
|
QOL-029
|
Working without a license
|
$500
|
48 hours
|
|
QOL-030
|
Landlord License required.
|
$150
|
48 hours
|
B.
Failure to remit payment within the time frame listed above shall
result in a late fee being imposed in the mount of 10% of the ticket
amount per day up to 10 days.
C.
Failure of the person to make payment within 10 days of the date
of a violation ticket shall result in the filing of a citation, for
failure to pay, with the Magisterial District Judge.
D.
If violations are continuous or egregious, public officer and/or
code officials have the right to issue citations without first issuing
tickets, provided notice has been given.
E.
In addition to all of the remedies, the Borough is authorized to
exercise and reserves all rights of enforcement and remedies for municipal
claims and tax liens as permitted by law.
F.
In addition to assessment penalties and liens, under Subsections A through E or otherwise in this article, any person who violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, shall pay a fine and/or penalty of not less than $300 nor more than $1,000 per violation, plus all court costs, including reasonable attorney's fees incurred by the Borough in the enforcement of this article. Each day the violation exists shall constitute a separate offense. In any case where a penalty for a violation has not been timely paid, and the person against 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 attorney's fees incurred by the Borough in the enforcement proceedings. If the violator neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
G.
In addition to or in lieu of a civil action before a Magisterial
District Judge, or court, the Borough may enforce this article in
equity. The appropriate officers or agents, including Borough Council,
Borough Manager, or Code Officer of the Borough, are hereby authorized
to seek equitable relief, including injunctions, to enforce compliance
herewith.
H.
The Borough shall be exempt from the payment of costs in any civil
case brought to enforce this article.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this article,
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
subject to Pa.R.Crim.P. 456(c) and 42 Pa C.S.A. § 9730(b).
A separate offense under this article shall be deemed to occur for
each day for which a violation occurs. Nothing herein is intended
to impede or restrict the prosecution of any criminal offense for
any person continuing to violate the terms of this article or any
order to stop or desist from any illegal conduct or from being charged
with any separate offense under the criminal codes or otherwise.
The Magisterial District Judge may order the violator to make
restitution where appropriate, to pay the Borough's costs of
collection/citation proceedings, and to pay the Borough's reasonable
attorney's fees associated with the prosecution of the same.
The reasonable attorney's fees shall be at the rate of $125 per
hour. Said sum may be amended by resolution of the Borough from time
to time.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the Authorized Enforcement
Agency to seek cumulative remedies.
