[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim during codification (upon enactment, adoption information will be inserted here). Amendments noted where applicable.]
Unless stated otherwise in this Code, the following shall apply to any violation of any provision of the Code of the Borough of Mount Ephraim:
Penalties. Except where otherwise provided by law, violation of any section or provision of this Code or any other ordinance of the Borough of Mount Ephraim, upon conviction, shall result in a minimum penalty of $100 and a maximum penalty of any one or more of the following: imprisonment in the county jail for a term not to exceed 90 days; a fine not to exceed $2,000; or a period of community service not to exceed 90 days.
Notwithstanding the foregoing, the violation of any ordinance or section of this Code pertaining to unlawful disposal of solid waste shall be subject to a minimum penalty of $2,500 and a maximum penalty not to exceed $10,000.
The Municipal Court shall have the power to impose any fine, term of imprisonment or period of community service set forth herein, or any combination thereof, as it deems appropriate.
Any person convicted of violating an ordinance and/or a section of this Code within one year of the date of a previous violation of the same ordinance and/or a section of this Code and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine established in this section, but shall be calculated separately from the fine imposed for the violation of the ordinance and/or section of this Code.
The Borough of Mount Ephraim may waive the additional fine by ordinance or resolution for a repeated violation of any ordinance and/or section of the Code. Any person convicted of the violation of any ordinance and/or section of the Code in the discretion of the court and in default of the payment of any fine imposed therefor, shall be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
In the event the court wishes to impose a fine in an amount greater than $1,250 upon an owner of real property for violations of housing or zoning codes of the Borough, then and in that event a thirty-day grace period shall be provided to said owner in order to cure or abate the violative condition, and said owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, the court determines that the abatement has not been substantially completed.
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to be an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.