[HISTORY: Adopted by the City Council of
the City of Lancaster 3-25-2008 by Ord. No. 2-2008; amended in its entirety 11-28-2017 by Ord. No. 16-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 142.
Housing — See Ch. 169.
Property maintenance — See Ch. 223.
Solid waste — See Ch. 258.
Streets and sidewalks — See Ch. 262.
[1]
Editor's Note: Section 2 of this ordinance stated: “The adoption of this ordinance shall not affect the issuance of any violation tickets made prior to the effective date hereof; it being the intent of City Council that the existing version of Ch. 293 of the Code of the City of Lancaster remain in full force and affect for any such violation tickets.”
The purpose of this chapter is to protect the health, safety,
and welfare of residents, property owners, workers, and visitors in
the City of Lancaster by providing a mechanism for the enforcement
of property maintenance regulations and for the abatement of property
violations.
A.
The City of Lancaster is empowered to adopt and enforce local ordinances,
by authority of the Act of November 24, 2015, P.L. 242, No. 67, the
Third Class City Code,[1] pursuant to which the City may enact ordinances and impose
fines and penalties for the violation of the ordinances.
[1]
Editor's Note: See 53 P.S. § 35101 et seq.
B.
The City of Lancaster is further empowered to adopt and enforce local
ordinances, under and pursuant to the Optional Third Class City Charter
Law, 53 P.S. §§ 41101 to 41625.
A.
All ordinances or resolutions or parts of ordinances or resolutions
insofar as they are inconsistent herewith are hereby repealed and
rescinded.
B.
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 City
of Lancaster that the remainder of the chapter shall be and shall
remain in full force and effect.
The Director of Public Works is hereby authorized to promulgate
rules and regulations to implement and supplement the provisions of
this chapter. The Director of Public Works shall make the City of
Lancaster Rules and Regulations for Property Violation Notices available
for inspection during regular business hours.
As used in this chapter, the following terms shall have the
meanings indicated:
The Code of the City of Lancaster.
Property Violation Ticket and Abatement Fee Schedule.
Written notice of a violation of a provision this chapter
mailed, pursuant to first-class mail, to the last known address of
the owner of the property in question.
The City of Lancaster Rules and Regulations for Property
Violation Notices.
B.
Subject sections of the chapters listed in § 293-6 that will be subject to a violation ticket.
|
Offense
|
Code Sections
|
|---|---|
|
Property Maintenance
| |
|
Grass and weeds
|
IPMC 302.4
|
|
Graffiti
|
§ 169-45
|
|
Furniture on porch
|
IPMC 302.10
|
|
Abandoned appliances - locking
|
Ch. 236
|
|
Abandoned hazardous vehicle
|
§ 288-2
|
|
Waste Management
| |
|
Failure to recycle
|
§ 258-38
|
|
Improper storage of containers
|
§ 258-46
|
|
Improper set-out day or time
|
§ 258-46
|
|
Improper recycling
|
§ 258-46
|
|
Improper recycling (electronics)
|
§ 258-46
|
|
Maintenance of private property
|
§ 258-21
|
|
Streets and Sidewalks
| |
|
Failure to remove snow from sidewalk
|
§ 262-23
|
|
NOTE: "IPMC" means the 2006 International Property Maintenance Code as adopted and revised in Chapter 223 of the Code of the City of Lancaster. All other Code section references are to the Codified Ordinances (Code) of the City of Lancaster.
|
A violation of the subject sections of the above Code chapters
may be cause for a violation ticket, notice of violation or citation,
in addition to any other remedy or fine that the City may be entitled
to under its ordinances or other applicable law.
A.
Upon finding a violation of any of the above Code sections, any City
Code Enforcement Officer, Solid Waste Education and Enforcement Program
(SWEEP) officer appointed by the Director of Public Works or any other
public officer authorized to enforce the ordinances of the City of
Lancaster may issue violation tickets to the owner of the property
at issue known to have violated the Code section.
B.
Violation tickets shall be issued in the amount of $25 and shall
be served by mail.
C.
Any person who receives a violation ticket for a violation of this
chapter may, within 30 days, admit the violation, waive a hearing
and pay the fine in full satisfaction of $25, as indicated on the
violation ticket.
Any person or property owner receiving a violation ticket or
notice of violation under and pursuant to the provisions of this chapter
shall have 15 business days following receipt of said ticket or notice
to file a written appeal of the same to the Director of the Department
of Public Works in accordance with the Rules and Regulations.
A.
If the person in receipt of a violation ticket in the amount of $25 does not pay the fine or file an appeal in accordance with § 293-9, within 30 days shall be subject to the penalties set forth in this section, including the imposition of a late fee in the amount of $10.
B.
The City may direct the property owner to abate the violation noticed
on the violation ticket or notice of violation. If the property owner
does not comply as directed, the City reserves the right to take all
necessary and immediate action to abate the violation at the property
owner's expense.
C.
If the City corrected the violation set forth in the notice of violation,
the cost thereof may be charged to the owner of the property. The
cost shall be as set forth in the Rules and Regulations in order that
the City shall be compensated for both direct and indirect costs and
expenses incurred.
D.
Where the City abates the violation, in addition to the fine set
forth in the violation ticket, the City is authorized to recover from
the owner of the property the abatement charges set forth below and
such other charges established by the Director of Public Works in
the rules and regulations.
|
Offense Cost
|
Code Sections
|
Abatement Cost
|
|---|---|---|
|
Property Maintenance
| ||
|
Grass and weeds
|
IPMC 302.4
|
$75
|
|
Furniture on porch
|
IPMC 302.10
|
$200
|
|
Graffiti
|
§ 169-45
|
$75
|
|
Abandoned appliances - locking
|
Ch. 236
|
$200
|
|
Abandoned hazardous vehicle
|
§ 288-2
|
N/A
|
|
Solid Waste Management
| ||
|
Failure to recycle
|
§ 258-38
|
N/A
|
|
Improper storage of containers
|
§ 258-46
|
N/A
|
|
Improper set-out day or time
|
§ 258-46
|
N/A
|
|
Improper recycling
|
§ 258-46
|
N/A
|
|
Improper recycling (electronics)
|
§ 258-46
|
$50
|
|
Maintenance of private property
|
§ 258-21
|
$200
|
|
Streets and Sidewalks
| ||
|
Failure to remove snow from sidewalk
|
§ 262-23
|
$200
|
|
NOTE: "IPMC" means the 2006 International Property Maintenance Code as adopted and revised in Chapter 223 of the Code of the City of Lancaster, and "IFC" means the 2006 International Fire Code as adopted and revised in Chapter 142 of the Code of the City of Lancaster. All other Code section references are to the Codified Ordinances (Code) of the City of Lancaster.
|
E.
Where the City has abated the violation and the charged party fails
to pay the abatement costs set forth in the ticket or notice, the
City may include such costs in its collection of all unpaid fees,
fines and costs.
F.
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.
G.
The City may take any and all action available at law and in equity
to recover all fines, fees and costs set forth herein, in accordance
with applicable law.
H.
All payments shall be due the City within 30 days of invoice. Payments
more than 30 days late may be turned over to a collection agency.
All persons whose accounts are turned over to a collection agency
shall also be responsible to pay a collection fee for each account
submitted for collection and all other legal fees and costs of collection.
