[Ord. No. 2017-9-4, 9/11/2017]
This Part shall be known and may be cited as the "Alternative Disposition by Notice of Violation Ordinance of the Borough of Red Lion."
[Ord. No. 2017-9-4, 9/11/2017]
The purpose of this Part is to provide for a procedure to issue a notice of violation rather than a citation to permit an owner in violation to pay an enumerated fine rather than cause the issuance of a citation and avoid the cost and time of a legal hearing before a Judge and unnecessary appeals. This method of resolving violations benefits the Borough by allowing it to maintain and enforce its laws and benefits violators to resolve the dispute in a manner that does not unduly burden them by requiring the issuance of a citation which must be resolved in court. It also does not deprive the accused violator of the right to due process or to dispute the validity of the violation.
[Ord. No. 2017-9-4, 9/11/2017]
As used in this Part, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Red Lion, York County, Pennsylvania.
OWNER
Any individual person, agent, firm, association, partnership, or corporation having a legal or equitable interest in real property and/or holding title to said property as evidenced by records of the Commonwealth or Pennsylvania, County of York or Borough of Red Lion. The term "owner" shall also include any guardian, executor or administrator of the estate of any such deceased or minor person; for a partnership shall include members or partners thereof; and as applied to corporations shall include officers thereof. The term "owner" shall also include the manager or any employee in charge of the operation of any real property.
VIOLATOR
Any owner who receives a notice of violation.
[Ord. No. 2017-9-4, 9/11/2017]
1. 
The provisions of any chapter of the Code of Ordinances of Red Lion Borough so enumerated shall be enforced by any police officers and code enforcement officers who are authorized and empowered by law to enforce the ordinances of the Borough.
2. 
The following chapters and/or Parts of chapters of the Code of Ordinances of the Borough of Red Lion are hereby deemed and ordained to be under and subject to the provisions of this Part of this chapter:
A. 
Chapter 10.
B. 
Part 2 of Chapter 20.
C. 
Parts 3 and 5 of Chapter 21.
3. 
Borough Council may add additional chapters and/or Parts of chapters covered under this section by resolution at any future time.
4. 
Any violation of the provisions of any chapter or Part of a chapter as set forth above in Subsection 2, may be cause for a notice of violation to be issued to the violator. Any notice of violation shall:
A. 
Be issued in writing.
B. 
Include a brief description of the time, date and location of the violation alleged.
C. 
Specify the violation with reference to section or Part of the Red Lion Borough Code of Ordinances being violated.
D. 
State the amount of the fine.
5. 
A notice of violation shall be served upon the violator in one of the following manners:
A. 
By handing the notice of violation to the violator.
B. 
By handing the notice of violation to an adult resident of the subject property.
C. 
By leaving at or affixing the notice of violation to the property where the violation exists.
D. 
By mailing the notice of violation to the violator's address of record by first-class mail with a certificate of mailing.
6. 
Each day after the issuance of a notice of violation that a violation continues or is permitted to continue constitutes a separate offence for which a separate fine may be imposed.
7. 
If the Borough causes a violation to be corrected, the cost thereof shall be charged to the owner of the property and enforced through imposition of a municipal lien or any civil action available to the municipality.
[Ord. No. 2017-9-4, 9/11/2017]
Any violator in receipt of a notice of violation shall have 10 days from the date set forth on the notice of violation to pay the amount on the notice of violation. Payment must be actually received by the Borough by the 10th day. The date of mailing shall not constitute the date of receipt by the Borough. In the event that the notice of violation is not paid within the 10 days, such failure shall result in the issuance of a citation for the offense as enumerated on the notice of violation.
[Ord. No. 2017-9-4, 9/11/2017]
1. 
For the first offense dealt with under this Part within a twelve-month period, the notice of violation shall be issued in the amount of $25.
2. 
For the second offense dealt with under this Part within a twelve-month period, the notice of violation shall be issued in the amount of $50.
3. 
For the third offense dealt with under this Part within a twelve-month period, the notice of violation shall be issued in the amount of $100.
4. 
For the fourth and any additional offense dealt with under this Part within a twelve-month period, the notice of violation shall be issued in the amount of $300.
5. 
A. Any offense committed by the same violator after issuance of a notice of violation for a first offense shall be considered as a subsequent offense irrespective of whether or not a different ordinance section or different property is involved.