[HISTORY: Adopted by the Borough Council of the Borough of Denver 9-25-2017 by Ord. No. 640. Amendments noted where applicable.]
This chapter shall be known and may be cited as "the Borough of Denver Quality of Life Ticketing Ordinance."
The Borough Manager is hereby authorized to promulgate rules and regulations to implement and supplement the provisions of this chapter. The Borough Manager shall make the rules and regulations available for inspection during regular business hours.
Violations of the following Borough of Denver Codes/ordinance sections or provisions shall be subject to the provisions of this chapter.
A violation of any of the above code and/or ordinance sections may be cause for a citation, violation ticket and/or a notice of violation in addition to any other remedy or fine that the Borough may be entitled to under its ordinances or other applicable law.
Upon finding a violation of any of the above code and/or ordinance sections, any Borough of Denver Code Enforcement Officer, police officer, fire official, or similar officer hired by or appointed by Borough Council or the Borough Manager, or any other public officer authorized to enforce the ordinances of the Borough of Denver, may issue violation tickets to the owner and/or occupant of the property at issue or to the individual known to have violated the code and/or ordinance section. The violation tickets shall be served by certified mail return receipt requested. The Borough may, however, serve the violation ticket by handing it to an adult member of the household or other person in charge of the residence at the residence of the person to be served, by leaving or affixing the violation ticket to the property where the violation exists, or 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. Any person who receives a violation ticket for a violation of this chapter may, within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of the violation ticket.
Each person in receipt of a violation ticket shall pay the fine or request a hearing within 10 days. Failure of the person to make payment within 10 days shall make the person subject to a citation for the fines indicated in the relevant sections of the Code of the Borough of Denver and for any abatement costs incurred by the Borough in accordance with the terms of this chapter.
The Borough may, with its violation ticket, direct a person to abate the violation noticed on such ticket ("notice of violation"), or if the Borough determines that the immediate abatement of the same by the Borough is necessary the Borough may take the necessary action to abate the violation at the violator's expense.
In the instance that such person does not comply with the notice of violation, the Borough may, itself, take the action set forth in the notice of violation at the violator's expense (which expenses are set forth below).
If the Borough corrected the violation set forth in the notice of violation, the cost thereof may be charged to the owner of the property, tenant or offending party. The cost shall be as set forth in Subsection E below, as supplemented or modified by the rules and regulations adopted by the Borough Manager, in order that the Borough shall be compensated for both direct and indirect costs and expenses incurred.
In all instances where the Borough abates the violation, in addition to the fine set forth in the violation ticket, the Borough is authorized to recover from the offending party, the owner of the property, or tenant the abatement charges set forth below and which may be amended from time to time by resolution of Borough Council.
In the instance where the Borough has abated the violation and the charged party fails to pay the abatement costs set forth in a written notice thereof from the Borough to such individual, the Borough may include such costs in any citation it issues. The Borough may also pursue any other remedies available to it under the Code of the Borough of Denver or applicable law for the recovery of the abatement cost, including the filing of municipal liens in accordance with the Municipal Claims Act and other laws of the Commonwealth of Pennsylvania.
Editor's Note: See 53 P.S. § 7101 et seq.
A separate offense under this chapter shall occur for each and every day such violation continues and shall be subject to the penalty imposed by this section.
In every instance where the recipient of a violation ticket has requested an appeal within 10 days as set forth above and has made the payments for appeal set forth in the rules and regulations, a hearing officer designated by the Borough Manager may uphold the appeal, deny the appeal, or may modify the violation ticket and/or any associated cost, fines or penalty amounts. In the instance, following appeal, the recipient of a violation ticket fails to make payment of the ticket amount, the Borough may pursue any and all rights it has to file citations for the original violation and to seek recovery of all fines set forth in the ordinances of the Borough of Denver for the violation of such fine, notwithstanding any of the lesser amounts set forth in the violation ticket.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person, agent, operator, firm, corporation, limited-liability company, partnership or association having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as wholly titled to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor/administrator of the estate of such person if ordered to take possession of real property by a court of competent jurisdiction.
- An individual, corporation, partnership, a limited-liability company, association, or any other group acting as a unit.
A recipient of a violation ticket shall include the following fines and penalties:
For the first offense of the violation of this chapter within any twelve-month period, the violation ticket shall be issued in the amount of $50;
For the second offense of the violation of this chapter within any twelve-month period, the violation ticket shall be issued in the amount of $75;
For the third offense of the violation of this chapter within any twelve-month period, the violation ticket shall be issued in the amount of $100;
For the fourth offense of the violation of this chapter within any twelve-month period, the violation ticket shall be issued in the amount of $300; and
All ordinances or resolutions or parts of ordinances or resolutions insofar as they are inconsistent herewith are hereby repealed and rescinded.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses or parts of this chapter; it being the intent of the Borough of Denver that the remainder of the chapter shall be and shall remain in full force and effect.
This chapter shall become effective as provided by the laws of the Commonwealth of Pennsylvania.