[Adopted 4-19-2014 by Ord. No. 2014-8]
This article may be cited as the "City of Pittston Pave Cut Ordinance."
Ordinance, File of Council No. 3 of 1983, "An Ordinance Regulating Street Openings and Excavations in the City of Pittston, and Providing for the Issuance of Permits and Penalties for Violations Thereof and Repealing Ordinances in Conflict Herewith," is hereby repealed in its entirety.
All actions taken under the authority of Ordinance, File of Council No. 3 of 1983, underway at the time of adoption of this article shall continue under authority of that ordinance to their termination.
The following regulations shall pertain to any individual, person, contractor, public or private corporation, or any other entity seeking to make an excavation in any roadway, public right-of-way, or public property in the City of Pittston.
The following words, terms, and phrases, when used, shall have meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. 
Definition of "shall." The word "shall" is always mandatory and not merely discretionary.
B. 
Terms to be construed. Whenever the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or the prescription of the City Engineer or City Code Enforcement Officer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, acceptable, or satisfactory to the City Engineer or City Code Enforcement Officer.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
APPLICATION FOR A PAVE PUT PERMIT
A form provided by the City Code Enforcement Officer for the purpose of procuring a pave cut permit.
CAPITAL IMPROVEMENT
Preplanned improvement or upgrade of an existing system, or to install a new system providing new or additional service.
CARTWAY
Shall include any street, open or proposed, or public right-of-way within the City of Pittston.
CITY
The City of Pittston.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the City of Pittston.
EMERGENCY REPAIR
Work necessitated by the rupture or sudden malfunction of existing underground utilities.
ENGINEER
The City Engineer of the City of Pittston.
FACILITIES
All the plant and equipment of a public utility or a municipal corporation, including all tangible and intangible, real, and personal property, without limitations, and any and all means of instrumentalities in any manner owned, operated, leased, licensed, controlled, furnished or supplied for or by, or in connection with, the business of any public utility; provided, however, that no property owned by the Commonwealth of Pennsylvania or the City at the date this article becomes effective shall be subject to any of the terms of this article, except as elsewhere expressly provided herein.
INSPECTION
A careful or critical investigation not necessarily confined to optical observation but is understood to embrace tests and examination for the purpose of ascertaining quality and compliance as prescribed in this article and for discovering and correcting errors and deficiencies.
MUNICIPAL CORPORATION
All cities, boroughs, towns, townships, or counties of this commonwealth, and also any public corporation, authority, or body whatsoever created or organized under any law of this commonwealth for the purpose of rendering any service similar to that of a public utility. The term "municipality" shall mean the City of Pittston.
PAVE CUT
Any opening under the jurisdiction of this article.
PAVE CUT LOG
A chronological record maintained by the City of pave cuts reported to/performed in the City, containing pertinent data, as required by the City, for the purpose of inspection and control of pave cuts.
PAVEMENTS
Riding surfaces of machine-laid asphalt over a base of concrete, brick, belgian block, rock, crushed stone, bituminous concrete, oil and stone or other subbase.
PERSON
Individuals, partnerships or associations other than corporations and includes their lessees, assignees, trustees, receivers, executors, administrators, or other successors in interest.
PUBLIC UTILITY
(1) 
Persons or corporations now or hereafter owning or operating in this commonwealth equipment or facilities for:
(a) 
Producing, generating, transmitting, distributing, or furnishing natural or artificial gas, electricity, or steam for the production of light, heat, or power to or for the public.
(b) 
Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public.
(c) 
Transporting or conveying natural or artificial gas, crude oil, gasoline, or petroleum products, by pipelines or conduits, to or for the public.
(d) 
Conveying or transmitting messages, communications, or data by telephone, telegraph, wire, fiber optic cable, or any other electric/electronic means, to or for the public.
(2) 
The term "public utility" shall not include:
(a) 
Any person or corporation, not otherwise a public utility, who or which furnishes services only to himself/herself/itself.
(b) 
Any bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis.
(c) 
Any producer of natural gas not engaged in distributing such directly to the public for compensation.
SERVICE
Used in this article in its broadest and most inclusive sense and includes any and all acts done, rendered, or performed and any and all things furnished or supplied and any and all facilities used, furnished, or supplied by public utilities in the performance of their duties under this article to their patrons, employees or other public utilities and the public, as well as the interchange of facilities between two or more of them.
SPECIAL PAVEMENT
Riding surfaces of concrete, brick, belgian block, or cobblestone.
STREET
Includes any cartway, street, highway, road, land, court, alley, public square, or place of whatever nature, whether dedicated or not, open to the use of the public as a matter of right for purposes of vehicular travel.
STREETSCAPE
Includes areas of the downtown business district and other such areas as designated by the City Council that include special pavement, streetlighting and other improvements that differ from ordinary street paving and infrastructure.
UTILITY CORRIDOR
An area within any public right-of-way, usually underground but not limited to same, reserved for and assigned to a specified utility by the City. Also, the area to be used by the specified utility for placing and operating its facilities for transmitting and distributing its particular commodity or service.
UTILITY RELOCATION
Includes, but is not limited to, the adjustment, replacement, or relocation of utility facilities as required by street construction or repaving projects, such as removing and/or reinstalling the facility, acquiring the necessary rights-of-way, moving or rearranging existing facilities, changing the type of facility, and any necessary safety/protective measures. It also means the construction of a replacement facility functionally equal to the existing facility, where necessary for the continuous operation of the utility service, the project economy, or sequence of street construction.
WORK
The furnishing of all equipment, labor, materials, accessories, incidentals, bonds, and insurance necessary or convenient to the successful completion of the project and the fulfillment of all duties and obligations imposed by this article.
ZONING
The Zoning Ordinance of the City of Pittston.[1]
[1]
Editor's Note: See Ch. 480, Zoning.
This article shall be administered by the City Code Enforcement Officer under the direction of the City Administrator.
The following procedures shall be followed in the making of any opening into a street, sidewalk, public right-of-way or public property in the City of Pittston:
A. 
Pave cut permit required.
(1) 
Applicability. A pave cut permit issued by the Code Enforcement Officer must first be obtained before any opening can be made in any City public property or right-of-way or in any other area under the jurisdiction of this article, except for the cartway and rights-of-way of Commonwealth of Pennsylvania owned and maintained highways.
(2) 
Normal and emergency procedures. Under normal circumstances, the normal pave cut permit procedure shall be followed. In the event of an emergency, as defined in this article, the emergency pave cut permit procedure shall be followed.
(3) 
Utility main installation. In the event a public utility proposes to install a new utility main and repave the entire roadway/restore sidewalks, driveway aprons and other affected areas of public property, the City retains the right to waive the pave cut permit fee required under this article. Such agreement shall be in writing and subject to approval by the City Administrator. The City Administrator will notify the Code Enforcement Officer of all such agreements. In the event fees are so waived, all applicable requirements under this article shall still be enforced.
B. 
Requirements for all applicants. All applicants for pavement cut permits shall comply with the following regulations:
(1) 
Completed application. An applicant must complete the application for a pave cut permit as provided by the Code Enforcement Officer.
(2) 
Pennsylvania One Call. All applicants and City pave cut permit holders shall utilize the Pennsylvania One Call System, in accordance with commonwealth law. The City of Pittston is not responsible to contact Pennsylvania One Call on behalf of any applicant or for any issued pave cut permittee and assumes no liability for contacting Pennsylvania One Call.
(3) 
Required insurance.
(a) 
The applicant shall protect, defend, indemnify, and save harmless the City, its officers, employees, and/or agents thereof from all claims, suits, actions, and proceedings of every nature and description that may be brought for or on account of any injuries or damages to persons or public or private property because of any materials or appliances used in the work or by or on account of improper materials or workmanship or for or on account of any accident or any other act, negligence or omissions of said applicant or his agents, servants or employees, and the City shall not in any way be liable therefor during the progress of the work and the warranty period following the completion of the work. Minimum insurance shall be:
[1] 
Five million dollars liability per individual with $1,000,000 minimum for each occurrence for bodily injury.
[2] 
Five million dollars liability for property damage.
(b) 
The City Solicitor reserves the right to require a higher level of insurance if the Solicitor determines such is required.
(c) 
Evidence of insurance in the form of a certificate or letter executed by a duly authorized representative of the applicant's insurance carrier shall be submitted to the City before a pave cut permit can be issued. Such evidence of insurance shall include the provision that the City shall be given proper advance notice of at least 30 days of cancellation or any material alteration in the applicant's policy. Each certificate of insurance shall name the City of Pittston as additional insured. Evidence of insurance shall be presented to the City in accordance with the above prior to the start of any work. This requirement applies to all utilities, contractors, subcontractors, and subtier subcontractors.
(4) 
Bonding for large or complicated projects. In addition to required insurance, if the Code Enforcement Officer determines an application is for a large, complicated or unusual excavation, the Code Enforcement Officer shall inform the City Administrator. The City Administrator, in consultation with the City Engineer and City Solicitor, may require the applicant to place a surety performance bond with the City Treasurer before the pave cut permit is issued. The terms and conditions of the bond shall be set by the City Administrator in consultation by the City Solicitor and City Engineer. The purpose of the bond will solely be to indemnify the City against the cost of any repairs and/or restoration in the event the applicant fails to complete the work.
(5) 
Bonding in other circumstances. If a an applicant in the past five years has been convicted of an offense under the provisions of this article or been issued a stop-work order more than once in the past five years, the Code Enforcement Officer may require the posting of a performance bond in such amount as determined by the City Engineer, sufficient in amount to cover the restoration work in the application.
C. 
Normal pave cut permit procedure. The following procedures and regulations shall apply to normal (nonemergency) pave cut permits:
(1) 
Application form. Applications for a pave cut permit shall be available from the City of Pittston Code Enforcement Officer or his agent at the City Hall, 35 Broad Street, Pittston, PA.
(2) 
Required information.
(a) 
Plot plan. A sketch, on minimum eight-and-one-half-inch by eleven-inch paper, shall be submitted with the application. The sketch shall show North directional arrow, two nearest addresses, the size of the pave cut, and the location, measured from two permanent landmarks (utility poles, curb, street corner).
(b) 
Other information required. The sketch shall include the following information: date, public utility/municipal corporation name, address, phone number, name of contact person, reason for and description of work, work schedule, contractor/subcontractor name, address, phone number, and name of contact person.
(3) 
Permit issued. Upon review and approval of the application, the Code Enforcement Officer shall issue a pavement cut permit. Such permit shall be displayed at the work site if practicable or retained by the applicant for presentation on request.
(4) 
Agent. An authorized agent of the applicant can complete the application.
(5) 
Time for application. Applications for nonemergency work shall be completed a minimum of 48 hours prior to the start of work.
D. 
Emergency permit procedure.
(1) 
Definition of "emergency." An "emergency" is defined as a leaking or collapsed gas or water main or service; a malfunctioning electrical or telephone or fiber optic line; or a blocked or collapsed sewer main or lateral that poses an immediate threat to public safety or interference with ordinary utility services.
(2) 
Notification required. When an emergency repair is needed during normal business hours of the Code Enforcement Office, the applicant shall notify the Code Enforcement Office prior to beginning work. In the event of an emergency occurring during hours the Code Enforcement Office is not open, the applicant shall notify the City Code Enforcement Officer on the next business day after the emergency repair and inform them that an emergency existed, the day, time, and location of the pave cut.
(3) 
Post-emergency repair. Following the emergency repair, all procedures as set forth in this article must be followed to obtain the permit for the repair.
(4) 
Emergency permit work to follow requirements of this article. All work being done under emergency conditions must follow the regulations of this article.
E. 
Stop-work order. The City Code Enforcement Officer is authorized to issue a stop-work order for any work subject to the jurisdiction of this article being performed at any time not in conformance with this article. The issuance of a stop-work order and the stopping of work will not prevent the Code Enforcement Officer from issuing a citation pursuant to § 424-46, Violations and penalties, of this article.
F. 
Refusal of permit. The Code Enforcement Officer reserves the right to deny a permit to any contractor who has a history of not performing work in accordance with City ordinances.
G. 
Safety precautions. During the progress of the work, the applicant shall provide and maintain such barricades, warning signs and flagpersons as deemed necessary by the Code Enforcement Officer and/or City Police Department to prevent accidents to the public and/or adjoining tenants. Minimum precautions must include, but are not limited to, advance warning signals on all approaches to the work, safe crossing for pedestrians each 300 feet, and barricades with flashers on each exposed side at fifty-foot intervals. At the cessation of each day's work, adequate steel plates shall be placed over all excavations greater than two inches in depth to ensure full traffic flow. Excavations less than two inches in depth shall have blinking warning lights and any other Pennsylvania Department of Transportation (PennDOT) required safety warnings. Excavations greater than one inch in depth shall have the edges tapered to provide a smooth transition of vehicles. The maximum length of any opening in any roadway shall be 200 feet, unless otherwise approved in writing by the Code Enforcement Officer or his agent. All precautions shall be in accordance with the "Manual of Uniform Traffic Control Devices," latest edition, as adopted by the United States Department of Transportation, Federal Highway Administration, Part IV, "Traffic Controls for Street and Highway Construction and Maintenance Operations," latest edition, PennDOT requirements, and any other federal, state, or local requirements.
H. 
Road closing.
(1) 
Full closing of roadways. Roadways shall not be completely closed to traffic unless, as determined by the Code Enforcement Officer, in consultation with the Chief of Police, safety requires it. If an excavation permit requires the closing of a City street open to traffic, the applicant shall be responsible to inform the City Streets and Sanitation Department, Police Department, and Fire Department prior to the closure and when the closure is complete. "Road Closed" signs must be placed as prescribed by law, and "Detour" routes may be required to be developed and are the responsibility of the applicant as determined by the Code Enforcement Officer.
(2) 
Partial closing of roadways. The permittee shall be responsible for the maintenance and protection of traffic during partial closure of roadways under a permit issued by this article. The permit holder shall inform the Police, Fire and Streets and Sanitation Departments of any partial road closures prior to the commencement of work.
(3) 
Use of police and cost recovery. If the Chief of Police determines City police are required for safe control of traffic during partial or complete roadway closures under this article, the applicant shall be billed the full hourly cost of assigned police officers and shall remit payment in full within 15 days of billing.
I. 
Time period for restoration. For small pave cuts, less than 25 square feet in size, temporary (or permanent, if feasible) restoration shall be made within 48 consecutive hours of the initial cut during the normal workweek, excluding holidays and weekends. Time extensions may be granted by the Code Enforcement Officer, provided the applicant can substantiate a reason for extension. Restoration work on long or large pave cuts shall be continuous throughout the progression of the work.
J. 
Scheduling. All excavations shall be commenced and completed in the shortest period of time by the use of a reasonable work force. In congested areas, and the Central Business District, the City may limit work to other than normal daytime working hours.
K. 
Excavated material. In peak traffic areas, all excavated materials shall be removed daily, at or before the cessation of work. All gutters and drainage devices shall be kept clean of all debris and excavated material. Excavated material shall not be allowed to enter the storm sewer system. Fire hydrants adjacent to the work shall be readily accessible to fire apparatus at all times, and no material or obstruction shall be placed within 15 feet of any hydrant.
L. 
Suitability of materials. The suitability of material shall be as determined by the Code Enforcement Officer in consultation with the City Engineer. All material not determined by the City Engineer to be unsatisfactory shall be promptly removed and legally disposed of.
M. 
Waste material. Material which is unsuitable and any surplus of excavated material shall be considered waste and shall be legally disposed of by the utility or contractor beyond the limits of the City. In no case shall waste material be left at the work site.
N. 
Wet material. Material containing moisture in excess of that percentage required to obtain satisfactory compaction as determined by the City Engineer shall not be used as fill/backfill material.
O. 
Dry material. Material containing insufficient moisture to obtain satisfactory compaction shall be moistened prior to placement and compaction as prescribed by the City Engineer.
P. 
Opening of a street and Chapter 322, Noise. Power-driven concrete pavement saws or air hammers shall be used on all pave cuts. The cuts must be of sufficient depth to provide a smooth edge. Openings in brick- or belgian-block-based streets shall be of sufficient width to expose one-half row of undisturbed interlocking stone. No pavement busters, such as drop hammers, hoe rams, and the like, shall be used without the written permission of the City. Applicants are advised that compliance with Chapter 322, Noise, is mandatory.
Q. 
Location of shutoff valves. Shutoff valves for water and gas mains and branches may be installed within the limits of the street right-of-way lines. All shutoff valves on service lines and other pipes shall be installed outside the highway cartway.
R. 
Responsibility for damages. In the event a cut is made, and, upon inspection, damage to another utility's underground facilities is discovered, it shall be the responsibility of the party making the cut to contact the municipality and all pertinent/related utilities to instruct them to have representatives inspect the condition before any backfilling takes place.
A. 
Administration. All permanent restoration shall be done to the requirements of the City Engineer. The Code Enforcement Officer may request the advice or opinion of the City Engineer on the requirements for permanent restoration of pave cut openings.
B. 
Permanent restoration of bituminous pave cuts. Prior to the placement of the base course, the existing base and surface must be exposed 12 inches on each side of any failures that developed, or each side of an excavation. All edges of pave cuts shall be painted with bituminous sealant, in accordance with PennDOT requirements, prior to restoration. Restoration of flexible pavement base shall consist of six inches of compacted PennDOT 2A aggregate and four inches of compacted bituminous concrete base course. The ID-2 wearing course shall be placed to a minimum depth of two inches and rolled to conform to the original pitch and crown of the road surface, and the edges sealed. Surface treatments such as sand or chip seals are prohibited. On long cuts (longer than 10 feet), surface finishing must be rolled with not less than a six-ton roller. Small cuts (less than eight square feet) may be finished with a mechanical tamper. The applicant is responsible for maintenance of the restored area until the City repaves the road.
C. 
Permanent restoration — special. The permanent restoration of special-type pavements, such as concrete, brick, belgian block, cobblestone, gutters, or tiles, shall consist of relaying the original wearing course in accordance with the original specifications in such a manner to prevent settlement, other deterioration, and/or standing water. The City Engineer shall prescribe exact requirements as applicable. The applicant is responsible for maintenance of the restored area until the City reconstructs the area as part of a capital improvement plan.
D. 
Permanent restoration — streetscape or special zoning areas. Any openings in areas designated as "streetscape" or special areas delineated in the City Zoning Ordinance[1] shall be restored to the previous appearance without evidence of the opening. The City Engineer shall prescribe exact requirements as applicable.
[1]
Editor's Note: See Ch. 480, Zoning.
The Code Enforcement Officer or his agent shall inspect all pave cuts during the course of the work. The Code Enforcement Officer may request assistance from the City Engineer in the performance of inspections. If the City Engineer is required, the applicant may be required to reimburse the City for billed costs.
Upon notification from the City of a planned street resurfacing or reconstruction, all public utilities/municipal corporations shall be required to test their lines and services and to schedule capital improvements and service connections to be performed prior to the resurfacing or reconstruction. Thereafter, cuts will be permitted in the new pavement only in an emergency for a period of five years from the date of repaving. Unauthorized pave cuts made in new pavement shall be subject to a penalty (see fee schedule) and inspection of backfill operations and restoration. Essential services for new building construction shall not include the addition of an alternate or secondary source of fuel, water, heat, or other service not included in the original construction or regarded as essential to the original construction. Pavement shall be considered new for a period of five years from the date of final acceptance of the pavement by the City.
No limestone or monument in the Borough may be removed, relocated, or buried at any time. When pave cuts or road construction requires the temporary removal of a limestone or monument, it must first be approved at the site and reset at the direction of the Borough Engineer. All costs incidental thereto, including surveys, shall be paid by or charged to the utility company. A penalty shall be charged to the utility for failure to report the removal, relocation, or alteration of a limestone or monument. Burial or paving over a limestone or monument shall carry a penalty for each stone or monument covered. In addition to the penalty, all costs plus processing fees incidental to exposing and/or resetting a limestone or monument shall be charged to the utility company.
All test holes and borings shall require restoration. Restoration of bore holes shall follow immediately after testing with the application of asphalt or other water-resistant plugs. A penalty will be charged for each test hole found unplugged. (See fee schedule.)
The public utility/municipal corporation and/or its contractor must replace in kind all pavement markings and street signs damaged or removed by pave cuts and any work incidental thereto. All markings must be replaced within five business days after permanent restoration, or the City can contract to have the markings replaced and bill the public utility or municipal corporation for actual cost plus administrative expenses.
Public utilities/municipal corporations and/or their contractors shall mark their respective pave cuts in accordance with the Pennsylvania One Call standards.
The Code Enforcement Officer or his agent must be notified in advance of all backfilling. Backfilling shall be done in such a manner to obtain proper compaction throughout the entire backfilled area. Backfill materials shall be provided in accordance with the bituminous trench repair detail included in this article. The method of backfill shall be consistent with good engineering practices and with PennDOT requirements. The City Engineer shall be consulted as needed by the Code Enforcement Officer on backfilling inspections, and the City Engineer reserves the right to have any area backfilled without inspection or backfill which fails inspection re-excavated at the applicant's expense.
All restoration made with cold patch or any material other than hot asphalt shall be considered temporary. The applicant is responsible for all costs of making and maintaining temporary restorations at disturbed areas. Temporary restoration consists of a minimum of three inches of bituminous material or 4,000 psi concrete and must be maintained until permanent restoration is made, at which time the temporary materials must be removed.
Only public utilities/municipal corporations or their contractors shall be permitted to make permanent restoration of openings in pavement. The restored pavements shall be warranted from failure until the street is repaved. Permanent restoration must be completed within 30 days of the initial pave cut. Any cuts made during the months of November through March shall be permanently restored within 30 days after hot asphalt becomes available. Any failure of restoration will be reported to the appropriate public utility/municipal corporation; repairs by the public utility/municipal corporation shall commence within 48 business hours after notification. Upon failure of the public utility/municipal corporation to repair the pave cut in a timely or satisfactory manner, the Borough shall have the option to complete the work and bill the utility for the cost, plus administrative expenses. The responsibility for maintaining the restored pave cuts shall remain with the public utility/municipal corporation.
Electronic traffic control devices and ancillary equipment damaged or removed because of pavement excavations or associated work must be replaced by the public utility/municipal corporation or its contractor, in kind, in whole or in part as required by the City. If replacement is not completed in a timely manner satisfactory to the City, the City shall have the option to complete the replacement, and bill the public utility/municipal corporation for the cost of the replacement.
Aerial installations of electric power transmission lines and telecommunications and data lines suspended from supporting poles having their base and/or support wires within the right-of-way and interfering with a roadway construction, reconstruction, or repair project shall be relocated upon written order from the City to a location specified therein. The Borough may require the utility to place its aerial facilities underground where it is deemed necessary or desirable. Hereafter, aerial installations shall be placed subject to approval by the City. The Borough Engineer shall assign horizontal corridors on a case-by-case basis for all new construction. All gate boxes, shutoff valves, and other regulating devices underground for gas, water, steam, electric, telecommunication, data, or other lines shall be located inside the inner line of the curb or curbstone or, where no curbing exists, to a point specified by the City Engineer or the Code Enforcement Officer.
A. 
Upon receipt of written notification from the municipality requesting or authorizing the start of physical work, the public utility/municipal corporation shall commence work within 30 days to clear the construction area, unless otherwise stated by the City with reasonable cause shown. The utility shall perform the relocation in accordance with the approved plan of the City or City Engineer.
B. 
Utility relocation shall be accomplished by the public utility/municipal corporation in a timely manner to ensure its completion prior to the commencement of roadway construction/reconstruction. Areas of utility relocation of work that cannot be accomplished prior to the start of construction, but can be accomplished simultaneously without restricting or interfering with the roadway construction, may be done concurrently with the roadway construction project when approved by the City or City Engineer.
C. 
It is acknowledged that field conditions occasionally necessitate revision of the utility relocation plan. It shall be the responsibility of the public utility/municipal corporation to report and justify and to correct any data on file with the municipality or City Engineer. The utilities are required to obtain the City's or City Engineer's concurrence prior to implementing such revisions within the right-of-way of the project under construction. Minor modifications to the plan, not requiring design or location changes, may be made without prior approval of the City or City Engineer. All such changes shall be brought to the attention of the City and City Engineer.
The City Council shall, by resolution, set the fee schedule for all costs imposed under jurisdiction of this article, including a permit fee schedule and cost recovery for services provided by the Police, Streets and Sanitation, Fire, Legal and Engineering Departments, and for all costs incurred in prosecution.
A. 
Penalties for violation. The Code Enforcement Officer shall issue a nontraffic citation to any person, firm or corporation who shall violate any provision of this article. Upon conviction, a fine shall be imposed of not less than $500 and not more than $1,000, plus all City-incurred court costs, legal fees, and professional fees, and, in default of payment of said fine and costs, a term of imprisonment not to exceed 30 days. Each day that a violation continues shall be deemed a separate and prosecutable offense.
B. 
Civil action. In addition to the nontraffic citation, the City is authorized to pursue any and all other means in courts of law to recover costs for violations or alleged violations under this article as determined in the best interest of the City by the City Administrator and City Solicitor.
Any person aggrieved by the enforcement of this article by the Code Enforcement Officer may file an appeal within 10 calendar days of the date of the enforcement action. The appeal is to be filed with the City of Pittston Building and Property Maintenance Code Appeals Board, which shall have jurisdiction over appeals filed under this article. The fee schedule and operating policies of the Appeals Board shall be followed for any appeals filed under this article.
This article shall take effect seven days following enactment. The Code Enforcement Officer shall send written notice of adoption to all affected public utilities and shall post notice in City Hall and on the City website information pertaining to the adoption of this article. The City Administrator shall transmit copy of this article to the contractor undertaking codification of City ordinances for inclusion in the Code of the City of Pittston.