[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Land Use Code — See Ch. 300.
[Adopted 9-4-1996 by Ord. No. 96-02]
This article shall be known as the "Omnibus
Ordinance for Civil Enforcement for Ordinance Violations."
In each instance that an ordinance or regulation
of East Brandywine Township refers to the imposition of a fine or
criminal penalty for a violation of such ordinance or regulation,
such reference shall be deemed to refer to civil penalty.
In each instance which an ordinance or regulation
of East Brandywine Township shall refer to a summary or other criminal
proceeding; provide for the issuance of a criminal citation or summons
or like criminal procedure or proceeding; or provide for imprisonment
for failure to pay any fine or penalty, such ordinance or regulation
shall be deemed to be amended by deleting said provisions and incorporating
in their place and stead the civil enforcement procedures and penalties
as provided for in this article.
This article shall be deemed to supplement and
amend the Township ordinances as enumerated on Exhibit A, attached
hereto and made a part hereof,[1] and any other Township ordinance or regulation not set
forth on Exhibit A, but in full force and effect within the Township.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Amended 11-16-2011 by Ord. No. 12-2011]
Any person who violates or permits the violation
of any provision of an ordinance or regulation of East Brandywine
Township, whether such ordinance or regulation was heretofore or hereafter
adopted and enacted, shall, upon being found liable in civil enforcement
proceeding before a Magisterial District Judge or court having jurisdiction,
pay a civil penalty plus the costs, fees and attorney's fees assessed
as provided for hereinafter.
A.
The following Township officers or officials are designated
"enforcement officers" for the assessment and enforcement of violations
of Township ordinances and regulations:
B.
The enforcement officer will determine in each instance
whether violation has occurred under the provisions of a Township
ordinance or regulation. Upon determination that such violation has
occurred, a notice of violation, generally in the form attached hereto,[1] shall be directed to the violator, hereinafter referred
to as "defendant." Such notice shall be served on the defendant in
person or directed to the defendant by first-class U.S. mail, postage
prepaid, at the last known address of defendant as determined by the
enforcement officer.
[1]
Editor's Note: Said form is on file in the Township offices.
C.
The enforcement officer shall assess a penalty not exceeding $600 for each violation of any Township ordinance or regulation which is not subject to the criminal enforcement provisions of § 1-11. Each day that a violation continues unabated may be assessed as a separate violation.
[Amended 11-16-2011 by Ord. No. 12-2011]
D.
The enforcement officer may, in that officer's discretion,
provide for a reasonable period of time, not to exceed 30 days (grace
period), for the defendant to abate such violation, during which grace
period no penalty shall be imposed, provided that the violation is
abated prior to the expiration of such period.
In the event defendant fails to pay the penalty
as assessed, or to cure the violation within the time set forth in
the notice of violation, the enforcement officer may proceed to file
enforcement proceedings to collect a civil penalty before a Magisterial
District Judge or a court of record having jurisdiction. Thereafter,
the enforcement proceedings shall proceed as provided for by law.
Any complaint filed with the Magisterial District Judge or court,
in addition to the penalty assessed by the code enforcement officer,
may include a claim for all court costs and fees and reasonable attorney's
fees of the Township, such attorney's fees not to exceed the amount
of assessed penalty.
Determination by the court having jurisdiction
that any provision of this article is invalid, unenforceable or unconstitutional
will not affect the validity or enforceability of the remaining provisions,
which shall be deemed to be separate and apart from the provisions
so determined.
The provisions of any ordinance or regulation
of East Brandywine Township which are inconsistent with the provisions
of this article shall be deemed to be supplemented and amended to
be consistent with this article.
The provisions of this article shall not be
effective with respect to any ordinance or regulation adopted pursuant
to the Municipalities Planning Code, Act of 1968, P.L. 805, No. 247,
as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Added 4-21-1997 by Ord. No. 97-01]
A.
The provisions of such ordinance or ordinances providing
for the civil enforcement for ordinance violations (this article)
shall not apply to any ordinance regulating building, housing (except
ordinances adopted pursuant to the Municipalities Planning Code, Act
247 of 1968, P.L. 805, No. 247, as reenacted and amended), property
maintenance, health, fire, public safety, parking, solicitation, curfew,
water, air or noise pollution. Provided, further, that every such
ordinance shall be subject to the summary criminal procedures as provided
in Act 172 of 1996.[1]
[1]
Editor's Note: See 53 P.S. § 66601(c.1).
B.
Except that as provided hereinabove, said ordinance
or ordinances shall be as enacted.
[Adopted 11-16-2011 by Ord. No. 12-2011]
Pursuant to Section 1601(d) of the Second Class Township Code, 53 P.S. § 66601(d), the codification of a complete body of legislation for the Township of East Brandywine, County of Chester, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 252, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of East Brandywine, which shall be known and is hereby designated as the "Code of the Township of East Brandywine," 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 East Brandywine, 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 § 1-14 below, and only new or changed provisions, as described in § 1-17 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-26 below.
Except as provided in § 1-15, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-26; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of East Brandywine which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 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 § 1-14 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:
A.
Any ordinance adopted subsequent to April 22, 2011.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Township or any lawful contract, obligation or
agreement.
F.
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.
G.
Any ordinance adopting an annual budget or establishing an annual
tax rate.
H.
Any ordinance providing for the levy, imposition or collection of
special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or transfer of
property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the Township.
K.
Any ordinance providing for or requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L.
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.
M.
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.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation of officers
and employees of the Township or setting the bond of any officer or
employee.
P.
Any ordinance concerning changes and amendments to the Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
R.
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 § 1-15A 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.
A.
Non-substantive grammatical changes. In compiling and preparing the
ordinances and resolutions of the Township for adoption and revision
as part of the Code, certain non-substantive 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.
B.
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 been 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 § 1-26.[1]
[1]
Editor's Note: In accordance with § 1-17B, 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, repealed) 11-16-2011 by Ord. No. 12-2011." Schedule A, which contains a complete description of all the changes, is on file in the Township offices.
C.
Nomenclature. Throughout the Code, the following titles have been
revised as follows:
(1)
References to "Justice of the Peace" or "District Magistrate" have
been revised to read "Magisterial District Judge."
(2)
References to "Department of Environmental Resources" have been revised
to read "Department of Environmental Protection."
(3)
References to "Department of Community Affairs" have been revised
to read "Department of Community and Economic Development."
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.
A.
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.
B.
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.
All provisions of this ordinance and of the Code shall be in
force and effect on and after November 21, 2011.
