A quality of life violation ticket program is hereby established
and may be utilized at the discretion of the Code Enforcement Officer
in addition to or instead of any other legal or equitable remedies
in regard to the following:
A. The provisions of Section 107, Notices and Orders, of the International Property Maintenance Code, and any amendments thereto, as adopted by City of Warren Ordinance No. 1870 and codified at Chapter
360 of the Code of the City of Warren;
B. For violations of Chapter
410, Streets and Sidewalks, of the Code of the City of Warren, Pennsylvania, §
410-21.1, and any amendments thereto, Public sidewalks to be kept clear of dirt and obstructions;
C. For violations of Chapter
410, Streets and Sidewalks, of the Code of the City of Warren, Pennsylvania, §
410-21.2, and any amendments thereto, Public sidewalks to be kept clear of snow and ice;
D. For violations of Chapter
399, Solid Waste and Recycling, of the Code of the City of Warren, Pennsylvania, §
399-4, and any amendments thereto, Storage of refuse; and
E. For violations of Chapter
399, Solid Waste and Recycling, of the Code of the City of Warren, Pennsylvania, §
399-6, and any amendments thereto, Prohibitions.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
CODE
Code of the City of Warren.
NOTICE OF VIOLATION
A written document issued to a person or entity who is in violation of a section(s) or subsection(s) of the Code, as identified in §
368-1 above, and which specifies the violation(s) and contains a directive to take corrective action within a specified time frame or face further legal action.
QUALITY OF LIFE VIOLATION TICKET (TICKET)
A form issued by a City of Warren Code Enforcement Officer to a person or entity who violates a provision(s) of certain section(s) or subsections of the Code, as identified in §
368-1 above, and which is issued in lieu of a notice of violation.
VIOLATOR
The owner of the property at which the violation(s) occurred.
The ticket is to be utilized as a means to encourage the expedient
remedy of a violation(s) and to provide the violator with an opportunity
to pay the associated ticket fine for violation in lieu of a citation
being filed with the Magisterial District Judge.
The ticket shall consist of a standardized form which:
A. States the date of the ticket; and
B. Identifies the issuing Code Enforcement Officer; and
C. Lists the Code Office address, phone number, and e-mail address;
and
D. Identifies the address of the property on which the violation(s)
exists; and
E. Includes a statement of the violation(s); and
F. Specifies the maximum amount of time permitted for remediation of
the violation(s); and
G. Specifies the amount of the fine to be paid for each violation identified
on the ticket; and
H. States that if the property is not brought into compliance as required,
the violator may be subject to additional tickets and fines and/or
charges being filed with the Magisterial District Judge.
Upon identification of a quality of life violation(s), City
of Warren Code Enforcement Officers are hereby authorized to issue
a ticket to the owner of the property on which the violation(s) exist.
The ticket may be delivered by:
A. Delivery in hand to the violator; or
B. By leaving the ticket at the apparent main entrance to the property
where the violation(s) exist; or
C. Affixing the ticket to the property where the violation(s) exist;
or
D. Delivering the ticket in hand to the violator's local responsible
agent, if known; or
E. Mailing the ticket to the violator's address of record as recorded
in the Warren County Assessment Office via first class mail with a
certificate of mailing.
Failure of the violator to make payment for any fine shall result
in the filing of a citation with the Magisterial District Judge for
failure to pay.
A person in receipt of a ticket pertaining to the sections or subsections of the Code as identified in §
368-1A through
C above may, within five calendar days of the service of the first ticket:
A. Admit the violation(s) and pay the fine in full satisfaction thereof;
or
B. Deny the violation(s) and file a written request for an appeal before
the Property Maintenance Board of Appeals.
If any section, subsection, sentence, clause, or phrase of this
chapter is, for any reason, determined to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this chapter. The City of Warren hereby declares that it would have
adopted this chapter, and each section, subsection, sentence, clause
or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and/or phrases be declared unconstitutional.
Nothing in this chapter shall be construed to affect any suit
or proceeding pending in any court, or rights acquired, or liability
incurred, or any cause(s) of action acquired or existing prior to
enactment of this chapter; nor shall any right or remedy of any kind
or nature be lost, impaired or affected by this chapter.
This chapter shall become effective 10 days following publication
of a notice of enactment.