[HISTORY: Adopted by the Borough Council of the Borough of Avalon as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-2014 by Ord. No. 1354]
Upon inspection of a duly empowered Borough officer and a determination that a Borough ordinance has been violated, the Borough officer may notify the responsible party or parties of the violation in writing in the form of a notice of violation, a violation ticket or a nontraffic citation ("notice"). Borough officers may include Borough police officers, the Zoning Officer, the Building Code Official, or other persons so deputized or directed by Borough Council to enforce its laws and ordinances.
Whenever the Borough officer determines that there exists a violation of any provision of the Avalon Borough Code that could, upon admission or conviction, constitute a summary offense, he or she shall issue a notice which shall:
A. 
Be in writing; and
B. 
Include a brief description of the time/date/location of the violation inspected; and
C. 
Specify the violation which exists with reference to the applicable ordinance provision or code; and
D. 
Include a statement regarding the right of appeal or other judicial process.
A. 
Notice shall be served upon the owner, occupant or responsible party in the following manner:
(1) 
By handing it to the person to be served; or
(2) 
By handing the notice, at the residence of the person to be served, to an adult member of the family with which he resides, but if no adult member of the family is found then to an adult person in charge of such residence; or
(3) 
By handing the notice at any office or usual place of business of the person to be served to his agent or to the person for the time being in charge thereof; or
(4) 
By mailing the notice to the last known address of the person or entity to be served by certified mail, return receipt requested, and if returned as unclaimed to be sent first-class mail; or
(5) 
Other method permitted by relevant Pennsylvania law or Borough ordinance.
B. 
If any person to whom the notice of violation cannot be served in the above manner, the Borough officer shall briefly note the appropriate facts in the file and shall make service upon such person by posting the notice of violation in a conspicuous place on the premises described in the notice.
C. 
For the purposes of this section, a person "cannot be served" when the person to be served has no residence or office or usual place of business within the Borough and the mailed notice is returned undelivered; or when the notice cannot be served under Subsection A(1), (2) or (3) hereof after two trips on two separate days to the residence or office or usual place of business of the person to be served and if the mailed notice of violation is returned undelivered.
D. 
Notwithstanding the above service requirements, any notice relating to a motor vehicle may be made by affixing the notice to the vehicle under the front windshield wiper or other location on the vehicle reasonably believed to be conspicuous to a driver.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The maximum daily fines for specific ordinances herein shall be set forth in the relevant Avalon Borough ordinance, as may be amended from time to time.
B. 
Where a violation ticket is issued by the public officer, the violation ticket may provide for a fine per violation of ordinance in an amount less than the maximum daily fine, provided that the violation ticket recipient pays the violation ticket as herein provided. Tickets that remain unpaid, in full, seven days after notice may be converted into nontraffic citations, which, upon conviction, carry the full maximum daily fine provided by specific ordinance. Violation ticket fines may be set by ordinance, as may be amended from time to time.