[Ord. 737, 11/6/2002, § 12]
1.
The Borough Enforcement Officer may inspect any property subject
to this Part to determine whether there is compliance with the Part.
If noncompliance with the provisions of this Part are discovered,
the Borough Enforcement Officer shall issue a written notice (hereinafter
referred to as "notice to comply") to be served either in person or
by registered or certified mail upon the person or persons owing or
occupying the premises. If the person or persons' whereabouts
or identities are unknown, notice shall be served by posting the notice
conspicuously upon the premises.
2.
Said notice shall specify the condition which is not in compliance
with the Part, and shall require the person or persons owning or occupying
the premises to remove or otherwise rectify the condition as set forth
therein within 30 days of personal service, mailing or posting of
said notice to comply, and to thereafter fully comply with the requirements
of this Part.
3.
In the event the Council does not appoint a Borough Enforcement Officer
or if the Board determines that it would be inappropriate for the
Borough Enforcement Officer to act in a given situation, all powers,
duties, and obligations conferred upon the Borough Enforcement Officer
under this section shall remain with the Council of the Borough of
Renovo.
[Ord. 737, 11/6/2002, § 13; as amended by A.O.]
Any person who has violated this Part, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs together with reasonable attorney fees
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense, unless the magisterial district
judge determining there is a violation shall further determine that
there was a good faith basis for the defendant violating the Part
to believe that there was no such violation, in which event there
shall be deemed to have been only one such violation until the 5th
calendar day following the date the determination of the violation
by the magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs,
and reasonable attorneys fees collected for the violation of this
Part shall be paid to the Borough. The imposition of a sanction under
this section shall not excuse the violation or noncompliance nor permit
the violation to continue.
[Ord. 737, 11/6/2002, § 14; as amended by A.O.]
Any person who has violated or permitted the violation of this
Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs together
with reasonable attorney fees and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.
[Ord. 737, 11/6/2002, § 15]
The remedies provided herein for the enforcement of this Part,
or any other remedy provided by law or equity, shall not be deemed
mutually exclusive; rather, they may be employed simultaneously or
consecutively at the option of the Council.
