Borough of Dallastown, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Dallastown as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-24-2017 by Ord. No. 588-2017]
A. 
This article shall be known and cited as the "Quality of Life Ordinance of the Borough of Dallastown."
B. 
The purpose of this article is to allow the Borough of Dallastown (the "Borough") to issue tickets instead of citations for certain alleged violations of the Dallastown Borough Code (the "Code"). A citizen who believes he or she may be in violation of the Code may pay the ticket instead of requiring the Borough to issue a citation, which must be litigated in an often costly and lengthy legal proceeding before a Magisterial District Judge, and further, fosters unnecessary appeals. Accordingly, the Borough may maintain and enforce its laws and the Code while a citizen alleged to have violated the Code may resolve that matter without the necessity of the issuance of a citation and a hearing before the Magisterial District Judge. This process will also preserve the citizen's right to dispute the alleged violation of the Code and to receive the full benefit of procedural and substantive due process of law.
The following definitions apply to this article:
OWNER
Any person, agent, operator, firm, corporation, association, or partnership, or other legal entity having a legal or equitable interest in the property, or who has a recorded title interest to the property as the same may have been recorded in the official records of the Commonwealth of Pennsylvania, the County of York, or the Borough, including, without limitation, the guardian of an estate, and the executor or administrator of the estate, of a person if ordered to take possession of real property by a court of competent jurisdiction.
PERSON
Any individual, firm, corporation, association, partnership, or other legal entity.
VIOLATOR
An owner or individual claiming an interest in the subject property through the owner, including, without limitation, a tenant, who has been alleged to have violated the applicable provisions of the Code, as set forth in more detail herein, as amended from time to time by Resolution of the Borough. In the event a tenant or nonowner occupant of the subject property has caused the violation of the Code and the issuance of a violation ticket for such violation, the Borough may pursue the tenant, the legal and/or equitable owner of the subject property, or both in accordance with this article, the Code, and all other applicable local, state, and federal laws, rules, ordinances, and/or regulations.
A. 
Police officers and the Codes Enforcement Officer and/or Zoning Officer of the Borough, who are sworn to uphold and enforce the laws and Code of the Borough, shall enforce the provisions of this article.
B. 
The following chapters and provisions of the Code are hereby deemed and ordained to be under the jurisdiction of this article; provided, however, that the Dallastown Borough Council (the "Council") may, from time to time, by resolution, change, remove, and add chapters and provisions of the Code to the following list:
Chapter 78, Animals
Chapter 136, Nuisances
Chapter 149, Property Maintenance
Chapter 151, Rental Properties
Chapter 208, Vehicles, Abandoned
Chapter 212, Vehicles and Traffic
C. 
Any violation of the provisions of any chapter of the Code set forth in this article, or which may be hereafter added to the provisions of this article by resolution of the Council as set forth above, may be cause for a violation ticket to be issued to the violator.
D. 
Service of the violation ticket upon the violator may be accomplished in any of the following manners:
(1) 
Personal service by handing the violation ticket to the violator or an adult resident or owner of the subject property;
(2) 
Leaving or affixing the violation ticket to the subject property where the violation exists; or
(3) 
Mailing the violation ticket to the violator's address of record by certified mail, return receipt requested. Service in this manner shall be deemed effectuated upon the owner if the certified mail return receipt is signed by the owner and the mail is delivered.
E. 
Each day after the issuance of a violation ticket that a violation continues or is permitted to continue shall constitute a separate offense for which a separate violation ticket may be issued and a fine imposed.
F. 
In the event the Borough undertakes action to correct any violation, the cost of such corrective action shall be charged to the owner of the property pursuant to and in accordance with all applicable local, state, and federal laws, rules, ordinances, and/or regulations.
G. 
Nothing contained in this article shall preclude the Borough from pursuing other means of pursuing violations and enforcement of the Code, as set forth in the Code or other applicable local, state, and federal laws, rules, ordinances, and/or regulations. Such other means may be pursued contemporaneously with the enforcement of this article, including, without limitation, any notice periods for nontraffic citations as required in the Code or other applicable local, state, and federal laws, rules, ordinances, and/or regulations.
A person in receipt of a violation ticket shall have 10 days from the service of the violation ticket, as set forth in more detail in § 214-3D(1) through (3) herein, to pay the amount of the violation ticket. If the amount of the violation ticket is not paid within 10 days of service of the same, such failure to pay shall result in the issuance of a nontraffic citation for the offense as enumerated on the violation ticket.
A. 
For the first offense of the violation of any provision of this article within a twelve-month period, the violation ticket shall be issued in the amount of $50.
B. 
For the second offense of the violation of any provision of this article within a twelve-month period, whether or not such violation is the same violation as the first, or a new violation occurring within 12 months of the first violation, the violation ticket shall be issued in the amount of $100.
C. 
For the third offense of the violation of any provision of this article within a twelve-month period, whether or not such violation is the same violation as the first or second, or a new violation occurring within 12 months of the first and second violation, the violation ticket shall be issued in the amount of $300.
D. 
For the fourth offense and all subsequent offenses of the violation of any provision of this article within a twelve-month period, whether or not such violation is the same violation as the first, second, or third, or a new violation occurring within 12 months of the first, second, third, or subsequent violation, the violation ticket shall be issued in the amount of $600.
E. 
The amount of the fines set forth herein may be amended from time to time by resolution of the Council.
The provisions of this article are severable; and if any section, clause, sentence, part, or provision herein shall be deemed or held to be illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision or determination shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of this article.