[HISTORY: Adopted by the Borough Council of the Borough of Walnutport as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1994 by Ord. No. 94-2 (Ch. 6, Part 5, of the 1983 Code of Ordinances)]
A. 
Failure to comply with the provisions of any Borough ordinance shall constitute a summary offense. Prosecution for each offense shall be before a Magisterial District Judge for the Borough of Walnutport.
B. 
All fines, penalties and costs that are imposed by the Magisterial District Judge and which are due the Borough shall be paid to the Treasurer of the Borough.
Persons arrested for violating any ordinance of the Borough are entitled to give bail for their appearance according to the practice in cases of summary convictions.
All proceedings for violations of Borough ordinances and for the collection of fines and costs resulting from prosecution may be commenced by a warrant or by summons at the discretion of the Magisterial District Judge before whom the proceedings are held.
Any person arrested for the violation of a Borough ordinance may be committed to the Borough lockup, pending a hearing or trial, but in case there is no suitable lockup in which to detain prisoners, the person arrested may be committed to the county jail.
Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not to exceed 10 days or to the county jail or workhouse for a period not to exceed 30 days.
A. 
No fine or penalty shall exceed $1,000 for a violation of a building, housing, property maintenance, health, fire or public safety code or ordinance and for water, air and noise pollution violations and shall not exceed $600 for violation of any other ordinance.
B. 
In case the defendant has goods or property of any kind whatsoever, out of which the judgment and costs can be collected by execution or other process, the Borough may elect to collect the judgment and costs of such proceedings.
[Adopted 3-12-2009 by Ord. No. 2009-01]
[Added 7-9-2020 by Ord. No. 2020-04[1]]
In addition to all other notification options provided for in the Borough Code of Ordinances for enforcement of Code violations, the Borough may also post a violation notice conspicuously on the property. The posting on the property is an addition to and supplemental to any other service of notice procedure already permitted by any ordinance.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 285-7 and 285-8 as §§ 285-8 and 285-9, respectively.
The Borough Code Officer or deputy Code Official(s) and/or designee of the Borough may apply to a judge of the Magisterial District Court for an administrative search warrant to enter any premises to conduct any inspection required or authorized by law to determine compliance with the provisions of any Borough property ordinance, code and/or nuisance ordinance.
A. 
The application for an administrative search warrant shall be in writing and sworn to by the applicant and shall particularly describe the place, structure, premises, etc., to be inspected and the nature, scope and purpose of the inspection to be performed by the applicant.
B. 
Before filing an application for an administrative search warrant with a court, the Borough Code Officer and/or Deputy Borough Code Officer and/or the Borough designee shall obtain approval by the Borough Solicitor as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
C. 
A judge of a court referred to in this section may issue the warrant on finding that:
(1) 
The applicant has sought access to the property for the purpose of making an inspection;
(a) 
After requesting, at a reasonable time, the owner, tenant or other individual in charge of the property to allow access, has been denied access to the property; or
(b) 
After making a reasonable effort the applicant has been unable to locate any of these individuals.
(2) 
The requirements of this section are met;
(3) 
The Borough Code Officer and/or Deputy Borough Code Officer and/or the Borough designee is authorized by law to make an inspection of the property for which the warrant is sought; and
(4) 
Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of a Borough code and/or Borough ordinance or any rule, regulation and/or ordinance adopted under the Borough Code or by showing:
(a) 
That a reasonable administrative inspection program exists regarding the condition of the property; and
(b) 
That the proposed inspection comes within that program.
D. 
An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant.
E. 
An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the Borough to enter specified property to perform the inspection, sampling and other functions authorized by law to determine compliance with provisions of this article.
F. 
An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
(1) 
The time specified in the warrant, not to exceed 30 days; or
(2) 
If no time period is specified in the warrant, 15 days from the date of its issuance.