[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:
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.
Any individual, firm, corporation, association, partnership,
or other legal entity.
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:
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.
