[HISTORY: Adopted by the Board of Supervisors of the Township
of Metal as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-2-2002 by Ord.
No. 2002-5]
Pursuant to § 1601 of the Second Class Township Code
[53 P.S. § 66601(d)] the codification of a complete body
of ordinances for the Township of Metal, County of Franklin, Commonwealth
of Pennsylvania, as revised, codified and consolidated into chapters,
articles and sections by Township Solicitor and consisting of Chapters
1 — 25 together with an Appendix; hereby approved,
adopted, ordained and enacted as a single ordinance of Metal Township,
which shall be known and is hereby designated as the "Code of Metal
Township," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuance 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 Metal Township, 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. Provisions of this ordinance shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this ordinance. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, and only new or changed provisions, as described in §
1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by Metal Township and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §
1-15 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in §
1-3 of this Code 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 §
1-3 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 May 2, 2002.
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 or resolution 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 or resolution 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 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; or 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. The
Subdivision of Land Ordinance of the Township, Ordinance No. 2001,
and any amendments thereto.
Q. 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 §
1-4A 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 legislation shall be temporarily placed in the Code until printed supplements are included.
A. Nonsubstantive
grammatical changes. In compiling and preparing the ordinances and
resolutions of the Township for adoption and revision as part of the
Code, certain nonsubstantive grammatical and style changes were made
in one or more of said ordinances and resolutions and certain outdated
statutory references, nomenclature and penalties were updated. Specific
fee amounts have been removed from the text of the chapters and replaced
by the phrase "as set forth from time to time by resolution of the
Board of Supervisors." Masculine pronouns and nouns have been revised
to include the feminine form. It is the intention of the Township
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. General
deletions. Sections pertaining to severability, effective dates and
repeals have been deleted, since such provisions are included in this
ordinance or are of no further effect.
C. Substantive changes and revisions. In addition to the changes and revisions described above, the following changes and revisions of a substantive nature are hereby made to various ordinances included in the Code. These changes are made 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 ordinances so changed have 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 as specified in §
1-16. No substantive changes in the meaning or the intent of such ordinances have been made except where indicated by histories or footnotes in the text of the chapters.
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 title of sections and other divisions
in the Code, or in supplements made to the Code are inserted in the
Code, or in supplements made 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.
A copy of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office the Township Secretary and shall
remain there for use and examination by the public. Upon adoption,
such copy shall be certified to by the Township Secretary, as provided
by law, and such certified copy 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 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 Code, coupled with the publication of the
notice of introduction, as required by law, and the availability of
copies of the Code for inspection by the public and the filing of
an attested copy of this Code with the county, 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 Code,
upon being found liable therefore 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 ordinance. No judgment shall be imposed until the date of
the determination of the violation by the District Justice 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 is 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 May 2, 2002.
All ordinances or resolutions or parts of ordinances or resolutions
in conflict herewith are hereby repealed.
[Adopted 5-2-2002 by Ord.
No. 2002-5]
This article shall be known as the "Omnibus Criminal and Civil
Procedure Enforcement Ordinance."
This article is enacted pursuant to Article XVI of the Second
Class Township Code, 53 P.S. § 66601.
A. The Board recognizes the provisions of the Second Class Township
Code, 53 P.S. § 65101 et seq., which establish maximum fines
for violations of ordinances and which establish consistent methods
of enforcing Township ordinances.
B. The Board recognizes that there are existing ordinances of this Township
which are civil in nature but which provide for criminal or quasi-criminal
penalties for violations, and the Board intends to cause said ordinances
to be modified and amended in order to comply with amendments to the
Second Class Township Code, 53 P.S. § 66601, as amended.
C. The Board recognizes that the amendments to the Second Class Township
Code are relevant to Township ordinances and the Board intends that
this article shall establish new procedures for enforcement of Township
ordinances and establish new penalties for violation of Township ordinances.
D. The Board recognizes that this article has no effect upon any Zoning,
Land Development or Subdivision Ordinance which are regulated entirely
by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
As used in this article, the following terms shall have the
meanings indicated:
CIVIL ENFORCEMENT NOTICE
A written notice sent by the initiating official to any person,
corporation, partnership in violation of any ordinance.
CIVIL ENFORCEMENT PROCEEDING
Civil litigation commenced by the Township before an issuing
authority to enforce a violation of any ordinance.
INITIATING OFFICIAL
The person authorized by the Board to initiate proceedings
for the violation of ordinances. The initiating official may be, but
need not be, the Code Enforcement Officer for the Metal Township area.
In addition, staff employees and agents of the Township may be designated,
from time to time, by resolution of the Board, to act as the "initiating
official."
ISSUING AUTHORITY
A District Justice or other public official having the power
and authority of a District Justice.
All ordinances heretofore enacted shall be and are hereby modified
and amended to provide for civil fines, judgments or penalties in
accordance with the provisions the Second Class Township Code, 53
P.S. § 66601 et seq., as amended, and this article. All
ordinances heretofore enacted shall be and are hereby modified and
amended to provide for the initiation of a civil enforcement proceeding
as the means of enforcing violations of any Township ordinance in
accordance with the provisions of the Second Class Township Code,
53 P.S. § 66601 et seq., as amended, and this article. Nothing
herein shall be construed to prevent Metal Township from pursuing
actions at law or in equity to enforce ordinances.
A. If it appears to the initiating official that a violation of any
municipal ordinance has occurred, the initiating official shall initiate
enforcement proceedings by sending a civil enforcement notice as provided
in this article.
B. The civil enforcement notice shall be sent by certified or registered
mail to the owner of record of the property or parcel on which the
violation has occurred, to any person who has filed a written request
to receive civil enforcement notices regarding the property or parcel,
or to any other person requested in writing by the owner of record.
In the event the mail is returned or not accepted, the civil enforcement
notice shall be hand delivered to the property owner or posted on
the property or parcel in violation of any ordinance.
C. The Board of Supervisors may, and is hereby, empowered, to establish
a form document entitled "Civil Enforcement Notice," which form may
be amended from time to time by resolution at the discretion of the
Board. The Civil Enforcement Notice shall contain such information
as is deemed appropriate by the Board, in its sole discretion, but
at a minimum the following information shall be set forth:
(1) The name, address and phone number, if known and applicable, of the
owner or record owner and other person against whom the Township intends
to take action.
(2) The location of the property, including street address, if any, the
deed reference and the tax parcel number of the property, if any,
and the date and time of violation.
(3) The specific violation with a description of the requirements, which
have not been met, citing in each instance the applicable provisions
of the ordinance.
(4) The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5) A statement that the applicable provisions of the chapter are available
for review at the Township offices.
(6) That the failure to comply with the notice within the times specified
will result in the commencement of a civil enforcement proceeding
before the appropriate issuing authority for the purpose of imposing
fines, including the imposition of filing fees, other court costs,
and reasonable attorney fees incurred by the Township.
D. All civil proceedings for enforcement of ordinances shall be commenced
in the name of Metal Township at the office of the issuing authority
having jurisdiction over the area of Metal Township.
A. Ordinances to be enforced as summary offenses. All ordinances heretofore
or hereinafter enacted which regulate building, housing, property
maintenance, health, fire, public safety, parking, solicitation, curfew,
water, air or noise pollution shall be enforced criminally, as summary
offenses, under the Pennsylvania Rules of Criminal Procedure, with
offenders subject to fines not to exceed $1,000, plus all court costs,
and imprisonment, all pursuant to the purpose and mandate of Act No.
172 of 1996. 53 P.S. § 66601(2).
B. Ordinances to be civilly enforced. All ordinances heretofore or hereinafter enacted which do not fall within the definition of those defined and referred to in §
23-1 above shall be civilly enforced in accordance with the provisions of the Second Class Township Code, 53 P.S. § 66601(c.1)(1). Offenders under these ordinances shall be subject to a civil penalty not to exceed $600, plus all court costs, including the reasonable attorneys fees, incurred by Metal Township.
C. Imposition of judgment. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by an issuing authority. If the violator neither pays nor timely appeals
the judgment, the municipality may enforce the judgment pursuant to
the applicable rules of civil procedure.
D. Continuing violation. Each day that a violation continues shall constitute
a separate violation, unless the issuing authority, after determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership, or corporation violating
the chapter to have believed that there was no violation, in which
event there shall be deemed to have been only one violation until
the fifth day following the date of the determination of a violation
by the issuing authority, and thereafter, each day that a violation
continues shall constitute a separate violation.
E. General fund. All judgments, costs and reasonable attorneys fees
collected for the violation of this article shall be paid over to
the Metal Township general fund.
F. Attorney fees. Where attorney fees are sought to be collected or
are incurred as a result of a civil enforcement proceeding or other
action initiated by Metal Township, said attorney fees shall be at
the cost billed to the Township for all work in connection with the
civil enforcement proceeding or other action initiated, all based
upon the time expended by the Township Solicitor or other attorney
designated by the Board to enforce Township ordinances.
A. Those parts of existing ordinances, which provide for criminal fines
and other criminal penalties in contravention to the Second Class
Township Code, 53 P.S. § 66601 et seq., or any subsequent
amendments thereto, are hereby repealed and the applicable provisions
of this article are substituted therein in order to provide lawful
civil penalties.
B. Those ordinances which contain criminal fines and other criminal
penalties authorized by other enabling legislation permitting such
criminal penalties shall be unaffected by this article and shall remain
in full force and effect.