[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 4-19-2017 by Ord.
No. 230. Amendments noted where applicable.]
This ordinance shall be known as the "Fallowfield Township Quality
of Life Ordinance."
Lack of maintenance of properties, littering, improper storage
of trash and rubbish, storage of inoperable/unregistered vehicles,
vendor operations without permits, and accumulation of snow and ice
are costly problems that contribute to the deterioration of property
values and general disorder in a community. These problems degrade
the physical appearance of the Township, which reduces business and
tax revenue inhibiting economic development. The quality of life and
community pride of the citizens and residents of Fallowfield Township
are negatively impacted by the occurrences and existence of these
activities. Recognizing these are community problems, the purpose
of this chapter is to promote the health, safety and general welfare
of the Township by helping to create a clean environment for the citizens,
residents, and guests of Fallowfield Township.
The following words, terms, and phrases, when used in this chapter,
shall be defined as follows unless the context clearly indicates otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Township for use by the
public to deposit small quantities of hand-held trash, but not household
or commercial waste.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked
or piled in such a manner so as not to create a nuisance or become
a harboring place or food supply for insects and rodents.
Includes, but is not limited to, depositing of litter, depositing
durable goods (refrigerators, washers, dryers, etc.), small appliances,
furniture, carpets, tires, vehicles, vehicle parts and automotive
products, and other such municipal waste, hazardous waste, residual
waste and construction or demolition debris on public or private property,
except as authorized by law.
The animal or vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that, because of its quantity, concentration,
physical, chemical, or infections characteristics, may:
Cause, or significantly contribute to, an increase in mortality
or an increase in serious, irreversible, or incapacitating illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise managed.
Waste which would be chemically or physically classified
as a hazardous waste, but is excluded from regulation as a hazardous
waste because it is produced in quantities smaller than those regulated
by the Pennsylvania Department of Environmental Protection, and because
it is generated by persons not otherwise covered as hazardous waste
generators by those regulations. Such HHW materials meet one of the
following four classifications: toxic, flammable, reactive, or corrosive.
HHW consists of numerous products that are common to the average household
such as: pesticides and herbicides, cleaners, automotive products,
paints, and acids.
Any and all pieces of furniture which are made for only inside
use, including, but not limited to, upholstered chairs and sofas,
etc.
Any vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state or condition of disrepair.
The following conditions, if present, are examples of a state
or condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on concrete blocks, or other similar apparatus.
Harboring of rodents, insects, or other pests.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
Includes, but is not limited to, all waste material, garbage,
trash, i.e., wastepaper, tobacco products, wrappers, food or beverage
containers, newspapers, municipal waste, human waste, domestic animal
waste, furniture or motor vehicle seats, vehicle parts, automotive
products, shopping carts, construction or demolition material, recyclable
material, and dirt, mud and yard waste that has been abandoned or
improperly discarded, deposited, or disposed.
Any person residing or working within the County of Washington
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
A vendor or seller of food and/or goods from a vehicle or
other conveyance upon the public streets or alleys of the Township
that does not typically remain stationary for more than approximately
10 minutes each hour.
Any type of mechanical device, capable, or at one time capable,
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby.
A motor vehicle with one or more of the following defects:
Broken windshields, mirrors, or other glass, with sharp edges.
Broken headlamps, tail lamps, bumpers, or grills with sharp
edges.
Any body parts, truck, fire wall, or floorboards with sharp
edges or large holes resulting from rust.
Protruding sharp objects from the chassis.
Missing doors, windows, hood, trunk, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which may pose a danger to the public, property owners,
visitors, or residents of the property which said vehicle is found.
Any excessive fluids leaking from a vehicle which may be harmful
to the public or to the environment.
Disassembled body or chassis parts stored in, on or about the
vehicle.
Vehicles that do not display a current valid license, registration,
and/or inspection sticker.
Such other defects which the Township Fire Department determines
to be a danger to the general public or property.
Motor vehicles parked, drifted, or otherwise located in such
a way that may interfere with the flow of pedestrian or automobile
traffic or impede emergency efforts.
Any other condition which would constitute a violation of the
Fallowfield Township Property Maintenance Code(s).[1]
Any garage, refuse, industrial, lunchroom, or office waste,
and other material, including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source-separated recyclable
materials or organic waste.
A written document issued to a person in violation of a Township
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Township, or causes a blighting effect in Township
neighborhoods. See also "public nuisance."
Every natural person, firm, corporation, partnership, association,
or institution.
The non-concrete space in the sidewalk area filled with dirt
and/or grass.
Any land and the improvements thereon owned by any person
and includes front, side, and rear yards; vacant lots, buildings,
and other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
Any conditions or premises which are unsafe or unsanitary.
Any police officer, authorized inspector, code enforcement
officer, zoning officer, authorized inspector, or other public official
designated by Fallowfield Township to enforce Township ordinances.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
Material which would otherwise become municipal waste, which
can be collected, separated, or processed, and returned to the economic
main-stream in the form of raw materials or products. These materials
may include, but not be limited to, aluminum cans, ferrous and bimetal
cans, glass containers, plastic bottles and containers, mixed paper,
white goods, major appliances, televisions, tires and large auto parts.
Any discarded material or other waste, including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operation, excluding municipal water and
sewer operations.
Combustible and noncombustible waste materials, except garbage;
said term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimming, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way.
The public right-of-way between the property line and the
curbline or the established edge of the roadway.
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of three months constitutes disposal.
The non-concrete area surrounding a shade tree planted in
a sidewalk area.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, etc.
A form issued by a police officer or public officer to a
person who violates a provision of this chapter. The violation ticket
is an offer by the Township extended to a person to settle a violation
by paying the fine in lieu of a citation being issued against the
violator.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed six inches in height.
Exhale unpleasant, noxious odors or pollen such as ragweed,
dandelion, and miscellaneous other vegetation commonly referred to
as weeds or brush.
May conceal filthy deposits or serve as breeding places of mosquitoes,
other insects, or vermin.
Encroaches onto neighboring properties by way of leaders or
roots without property owner's/owners' consent.
May cause a public nuisance.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot with a structure.
A.
A violation of this chapter shall be defined as any violation of
the Township Property Maintenance Code(s),[1] and any amendments thereto, which has/have, from time
to time been adopted as an ordinance or amendment to an ordinance
of Fallowfield Township.
B.
In addition thereto, the following actions, activities, and/or conduct
shall be deemed to be a violation of this chapter:
(1)
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
(2)
Animal maintenance and waste/feces cleanup. People owning, harboring
or keeping an animal within the Township limits shall not permit any
waste matter/feces from the animal to collect and remain on the property
so as to cause or create an unhealthy, unsanitary, dangerous or offensive
living condition. All waste from animals must be cleaned up on a regular
basis.
(3)
Burning. The disposal of trash, waste, riffraff, lawn/yard waste
or any other solid waste by burning is prohibited unless done in compliance
with the provisions of Fallowfield Township ordinances(s) and regulations
governing the burning of solid waste.
(4)
Disposal of rubbish or garbage/dumping. Improper disposal of rubbish
or garbage, or dumping or disposing of rubbish or garbage on vacant,
unoccupied, or other property. In addition, any violation of any portion
of any Fallowfield Township ordinance(s) governing garbage/waste collection
and disposal shall be deemed to be a violation of this chapter.
(5)
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches. All noxious weeds shall be prohibited. "Weeds" shall be defined
as all grasses, annual plants, and vegetation. Cultivated flowers,
gardens, trees, and shrubs shall not be included as a violation of
this chapter.
(6)
Littering or scattering rubbish. No person shall throw, dump, place,
sweep, or dispose of any waste, trash, garbage or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, public
parking area, or on any public property.
(7)
Motor vehicles. It shall be unlawful to store, park or place any
unregistered, uninspected, inoperative, unlicensed, or nuisance motor
vehicle ("motor vehicle" as defined above) on any premises. No vehicle
shall at any time be in a state of major disassembly, disrepair, or
in the process of being stripped or dismantled. Painting of vehicles
is prohibited unless conducted inside an approved spray booth.
(8)
Operating a food cart illegally. It shall be unlawful to operate
any food cart without the proper permits and/or inspections. It shall
also be unlawful to operate any food cart while any portion of the
cart is inoperable.
(9)
Operation or vending without the proper permit/license. It shall
be unlawful for any person, business, partnership, or entity to operate,
including, but not limited to, any business, vending cart, store or
establishment, without the proper permits.
(10)
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any/all appliances or furniture, including, but
not limited to, ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property. If maintenance is being performed,
or if the items are actively being sold in a yard sale, the items
shall not be left unattended.
(11)
Ownership presumption of waste, trash, and/or recyclables for
illegal dumping and illegal hauling. It shall be the responsibility
of every owner and/or occupant to dispose of their waste, trash or
recyclables in a proper manner and in accordance with Fallowfield
Township ordinance(s) governing garbage/waste collection and disposal.[2] Any business or person who is unable to show proof that
they have legally disposed of any waste, trash or recyclables will
be in violation of this chapter. Should any person or business use
an unlicensed hauler to dispose of their waste, trash, or recyclables,
said periods of business shall be in violation of this chapter. Upon
request of the Public Officer, any owner or occupant must show proof
of their trash and/or recyclable hauler. Any parts found within a
municipal waste container, recycling container, garbage bag or loose
trash/waste displaying the name and/or address of a person and/or
persons, that trash or waste shall be presumed to be the property
of such person and/or persons. It shall be unlawful for any person,
business, partnership, or entity to remove or haul waste, trash, or
recyclables without the proper approval or license. Any waste, trash
or recyclables found not to be disposed of in accordance with this
chapter will be a violation of this chapter.
(12)
Placement or littering by private advertising matter. No person
shall throw, place, sweep or dispose of litter or private advertising
matter upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, or any public property. No person, group, organization,
or entity will hang, place or advertise on any public property in
any manner. No person, group, organization or entity will hang, place
or advertise on any property that they do not have any ownership rights
to without the written approval of said owner.
(13)
Snow and ice removal from sidewalks.
(a)
Every owner, tenant, occupant, lessee, property agent or any
other person who is responsible for any property within Fallowfield
Township is required to remove any snow and ice from their sidewalk.
Snow and ice must be removed from sidewalks within 24 hours of the
cessation of snow and ice falling. Furthermore, they must create a
path, free of all snow and ice, the entire width of the sidewalk.
(b)
Should any property be a place of business within Fallowfield
Township, all snow and ice must be removed within 24 hours of the
cessation of said snow and ice falling. Any property that is deemed
a business must have the entire sidewalk free from any snow and ice.
If and/or when the snow and ice cessation happens during the hours
of darkness, the time limit of removal of all snow and ice shall begin
at daybreak.
(c)
No owner, tenant, occupant, lessee, property agent or other
person or entity shall be permitted to shovel, plow, blow, move or
otherwise deposit snow into the public streets and/or sidewalks of
Fallowfield Township.
(14)
Storage containers for waste or trash. The owner of every property
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, watertight, made of metal or plastic, and otherwise
be in compliance with Fallowfield Township ordinance(s) governing
garbage/waste collection and disposal.[3] Containers must have tight-fitting covers, and must be
kept clean and odor-free at all times. All containers must be stored
in the rear of every property so said containers are not visible from
the public right-of-way. Waste or trash containers may only be placed
in front of any property when darkness occurs the night before the
day of the scheduled pick-up day. Once the hauler removes the waste
or trash from any property, all containers must be returned to the
rear of any property before daybreak on the day following pickup.
(15)
Storing of hazardous material. It shall be unlawful for any
person, business or entity to store combustible, flammable, explosive,
or other hazardous materials, including, but not limited to, paints,
volatile oils, and cleaning fluids or combustible rubbish, including,
but not limited to, wastepaper, boxes, or rags unless the storage
of said materials is stored in compliance with the applicable building
codes.[4]
(16)
Storing of recyclables. It shall be the responsibility of the
owner of all residential, commercial, and industrial property to ensure
storage, collection and disposal of all recyclables from their property
in such a manner so as not to create a public nuisance. Storage of
recyclables is only allowed in approved containers, which must be
kept clean and sanitary at all times.
(17)
Swimming pools. Swimming pools shall be maintained in good repair
at all times. They shall also be kept clean, safe, covered, and sanitary
as well.
(18)
Storing or serving of potentially hazardous food. No individual
or entity operating a business shall store or serve potentially hazardous
food. This would include, but not be limited to, out-of-date food,
food being stored above or below the appropriate temperature, food
being stored directly on a flooring surface, infestation problems
at the location, or serving food that had previously been open and
are considered a violation of this chapter.
(19)
Violating the terms of any vending license. It shall be unlawful
to violate any term of, part of, portion of or, in total, any vending
license. Any person, business, partnership, or entity violating their
vending license shall be in violation of this chapter.
(20)
Temporary dumpster permit required. Each temporary dumpster,
whether placed on private property or in a public right-of-way, shall
display a valid permit issued by Fallowfield Township.
(21)
Township permits to be displayed and followed. All Township
permits shall be displayed in a fashion that makes them visible from
the roadway. In cases of demolition, the permit shall be displayed
in the back window of a construction vehicle parked on site, and visible
from the roadway. Should a permittee be unable to comply with this
requirement, they shall have to notify the License and Permit Office
of the issue, and seek immediate authorization/approval. Once the
Township provides notice to a property owner that a permit is necessary,
any additional work to the property shall allow the Township to fine
the property owner and/or the person(s) performing the work for violation
of this chapter.
Upon finding a quality of life violation, any public officer
of Fallowfield Township may issue a quality of life violation ticket(s)
to the owner(s) and/or occupant(s) of the property at issue or to
the individual(s) known to have violated this chapter.
A.
The provisions of this chapter shall be enforced by the police officers,
code enforcement officers, public health officers, or any other public
officer authorized to enforce ordinances.
B.
Any violation of the provisions of this chapter may be cause for
a citation, a violation ticket, and/or a notice of violation to be
issued to the violator.
A violation ticket shall be served upon a violator as follows:
A.
By handing it to the violator;
B.
By handing it at the residence of the person to be served to an adult
member of the household or other person in charge of the residence;
C.
By leaving or affixing the notice or violation ticket to the property
where the violation exists;
D.
By handing it at any office or usual place of business of the violator
to his/her agent or to the person for the time being in charge thereof;
or
E.
By mailing the notice to the violator's address of record.
Each day that a violation continues or is permitted to continue
may constitute a separate offense for which a separate fine may be
imposed.
A.
Any person or business violating this chapter is hereby directed
to satisfy Fallowfield Township and its citizens and residents, upon
the issuance of a quality of life ticket, by correcting the violation
in question. A public officer is authorized and empowered to cause
a violation to be corrected. The cost shall be determined by the Township
Code Enforcement Officer in order that the Township shall be compensated
for both direct and indirect costs and expenses incurred.
B.
The Township and/or its contractor, per the direction of the Township,
reserve the right to abate the violation in question at the expense
of the owner. If the Township has affected the abatement of the violation,
the total costs thereof to include hourly wages and all items and
materials used may be charged to the owner of the property, tenant,
or offending party. A bill/invoice will be generated to the violator
for payment separate from the quality of life ticket, which will also
be paid separately.
C.
In all instances where the Township abates the violation, in addition
to the fine set forth in the quality of life ticket, the Township
is authorized to recover from the offending party, the owner of the
property, or tenant the abatement charges and such other charges established
by the Code Enforcement Officer and the rules and regulations.
D.
Township cleanup. The Township reserves the right to perform any
necessary work to abate any violation once 48 hours passes from the
date of issuance of the quality of life ticket. Should the violation
at the discretion of the Code Enforcement Officer present imminent
danger and/or pose a health hazard and/or risk, the Township reserves
the right to perform the abatement immediately. The Township will
perform this work at a rate of $60 per hour, per man, and forward
the cost of any material necessary for the abatement. The Township
reserves the right to charge an additional 20% on all material purchased
to cover all miscellaneous expenses such as wear and tear on equipment.
E.
Contractor cleanup. The Township reserves the right to direct a contractor
to perform the abatement of the violation in question once 48 hours
passes from the date of issuance of the quality of life ticket. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the Township reserves the right to direct the contractor
to perform the abatement immediately. The contractor will submit a
bill for their work to the Township and the Township will forward
these costs to the violator. The Township reserves the right to add
a thirty-percent processing fee in addition to the cost of the contractor.
A.
For each violation of this chapter, violation tickets may be issued with a fine as set forth in § 285-10C of this chapter. Issuance of a violation ticket is within the sound discretion of the Public Officer. The Public Officer may elect to file a citation with the Magisterial District Judge immediately in lieu of filing a violation ticket. In such event, the process shall be governed by the rules and regulations concerning Magisterial District Judges.
B.
At the discretion of Fallowfield Township, any unpaid fines, penalties
or costs may be turned over by Fallowfield Township to a collection
agency; or a municipal lien may be placed against the property which
was the subject of the violation; or Fallowfield Township may collect
the amount due pursuant to any other remedy available at law or in
equity. In all such cases, Fallowfield Township may collect all costs
of collection, including reasonable attorney's fees, as permitted
under the laws of the Commonwealth of Pennsylvania.
C.
Any person who violates this chapter shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the Township for the cleanup and abatement of the violation and
shall correct the violation within the time set forth below.
|
Violation
|
Description
|
Fine
|
Correction Time
|
|---|---|---|---|
|
QOL-000
|
Violation of Property Maintenance Code
|
$100
|
48 hours unless an imminent public hazard or nuisance is present
|
|
QOL-001
|
Accumulation of Rubbish or Garbage
|
$50
|
48 hours
|
|
QOL-002
|
Animal Maintenance and Waste/Feces Cleanup
|
$50
|
48 hours
|
|
QOL-003
|
Disposal of Rubbish or Garbage/Dumping
|
$50
|
48 hours (for any other violation of a garbage/waste disposal
and removal ordinance of Fallowfield Township: immediate)
|
|
QOL-004
|
High Weeds, Grass or Plant Growth
|
$50
|
48 hours
|
|
QOL-005
|
Littering or Scattering Rubbish
|
$50
|
48 hours
|
|
QOL-006
|
Motor Vehicles
|
$100
|
48 hours
|
|
QOL-007
|
Operating a Food Cart Illegally
|
$100
|
Immediate
|
|
QOL-008
|
Operating or Vending Without a Permit or License
|
$100
|
Immediate
|
|
QOL-009
|
Outside Placement of Indoor Appliance/Furniture
|
$50
|
48 hours
|
|
QOL-010
|
Ownership Presumption of Waste, Trash and/or Recyclables for
Illegal Dumping/Illegal Hauling
|
$50
|
48 hours
|
|
QOL-011
|
Placement or Littering by Private Advertising Matter
|
$50
|
48 hours
|
|
QOL-012
|
Snow and Ice Removal from Sidewalks
|
$50
|
48 hours (unless it is a violation for shoveling, plowing, blowing, moving or otherwise depositing snow into the public streets and/or sidewalks of the Township pursuant to § 285-4B(13)(c), then: immediate)
|
|
QOL-013
|
Storage Containers for Waste or Trash
|
$50
|
48 hours
|
|
QOL-014
|
Storing of Hazardous Material
|
$100
|
Immediate
|
|
QOL-015
|
Storing of Recyclables
|
$50
|
48 hours
|
|
QOL-016
|
Swimming Pools
|
$50
|
48 hours
|
|
QOL-017
|
Burning
|
$50
|
Immediate
|
|
QOL-018
|
Storing or Serving Potentially Hazardous Food
|
$100
|
Immediate
|
|
QOL-019
|
Violating the Terms of Any Vending License
|
$100
|
Immediate
|
|
QOL-020
|
Temporary Dumpster Permit Required
|
$100
|
Immediate
|
|
QOL-021
|
Township Permit to Be Displayed
|
$100
|
Immediate
|
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this chapter,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction before the Magisterial District Judge,
be ordered to pay a fine of not more than $1,000 for each offense,
or imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make
restitution where appropriate.
A.
Any person who receives a violation ticket for any offense under
this chapter may, within 10 days of service of the violation ticket:
Admit the violation and pay the fine in full satisfaction; or deny
the violation and request a hearing before the Quality of Life Hearing
Board (Hearing Board). The Quality of Life Hearing Board shall consist
of three residents from the Township appointed by the Township Board
of Supervisors. This Board of Supervisors may appoint two alternates
to the Hearing Board to serve if the regular members are unavailable.
Members of the Hearing Board shall serve without remuneration.
B.
If a person denies violation and requests a hearing before the Hearing
Board, the person shall, within 10 days of service of the violation
ticket, file a written appeal to the Hearing Board requesting a hearing.
The written appeal shall be on a form provided by the Township and
shall be completed and signed by the person allegedly violating the
ordinance and shall be accompanied by a hearing fee of $25, which
shall be refunded within 30 days in the event that the Hearing Board
determines that there was no violation by the alleged violator. The
hearing shall be held no less than 10 days nor more than 60 days from
the filing of the written appeal. At the hearing, the Public Officer
shall present evidence of the alleged violation and the alleged violator
shall have the opportunity to question witnesses. Formal rules of
evidence shall not apply. Only evidence relevant to the violation
in question shall be considered. The chairperson of the Hearing Board
shall be in charge of the hearing.
C.
In the event that the Hearing Board grants the appeal and determines that the person has not committed a violation, the matter is terminated. In the event that the appeal is denied and the alleged violator notifies the Township, in writing, within 10 days of the decision of the Hearing Board that he or she refuses to pay the fine and restitution, the Township may file a citation before the Magisterial District Judge. In the event that an appeal is denied and the alleged violator does not notify the Township, in writing, of his or her refusal to pay the fine and restitution within 10 days of the decision of the Hearing Board, the Township can take action pursuant to § 285-10B of this instant ordinance. All decisions of the Hearing Board shall be in writing.
A.
The provisions of this chapter are severable and in the event that
any provision is held invalid, void, illegal, or unconstitutional
by any court, it is the intent of the Board of Supervisors that such
determination by the court shall not affect or render void the remaining
provisions of this chapter.
B.
It is the declared intent of the Board of Supervisors that this chapter
would have been enacted if any provision subsequently declared to
be void, invalid, illegal or unconstitutional had not been included
at the time of enactment.
