[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:
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:
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.