City of Harrisburg, PA Chapter 9-311 Enforcement and Penalties

[HISTORY: Adopted by the City Council of the City of Harrisburg 7-3-2018 by Ord. No. 5-2018. Amendments noted where applicable.]

9-311.1 Applicability.

Any person who violates any provision of the Municipal Waste, Recycling, and Composting Code shall be subject to the provisions of this chapter. Nothing set forth in this chapter shall limit the pursuit of other appropriate actions or proceedings at law or in equity available to the City.

9-311.2 Enforcement authority.

A. Authorized enforcement officials. The Director DPW, or any other City employee, agent, or official designated by the Director DPW as an enforcement officer, shall act in the capacity of a law enforcement officer for the limited purpose of issuing nontraffic summary citations to owners of premises, tenants, or persons who are found in violation of any provisions of the Municipal Waste, Recycling, and Composting Code. An enforcement officer may patrol all public and public-accessible areas at any time and issue citations for any violation of this code. In addition, all law enforcement officers with authority and jurisdiction within the municipal boundaries of the City of Harrisburg shall be deemed invested with the power to enforce the provisions of this code.

B. Method of enforcement. Enforcement of the provisions of Chapter 9-309 shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under Chapter 4 of the Pennsylvania Rules of Criminal Procedure and the Pennsylvania Judicial Code.[1]

[1] Editor's Note: See 42 Pa.C.S.A. § 101 et seq.

9-311.3 Issuance of citation.

Whenever the enforcement officer or other law enforcement officer finds that any person has violated or is violating any provisions of the chapters to which these enforcement provisions apply, any permit issued thereunder, or any applicable federal, state or local regulation, the enforcement officer or other law enforcement shall serve or cause to be served upon such person a written citation stating the nature of the violation. The enforcement officer shall follow the citation procedures provided for the enforcement of summary offenses under Chapter 4 of the Pennsylvania Rules of Criminal Procedure and the Pennsylvania Judicial Code.[1]

[1] Editor's Note: See 42 Pa.C.S.A. § 101 et seq.

9-311.4 Penalties.

A. General provisions. The imposition of a penalty for any violation of this chapter shall not excuse the violation and shall not constitute permission or grant of right to continue the violation. All persons required to do so shall correct and remedy any violation or defect within the time prescribed by the rules and regulations. When not otherwise specified, each day that a violation continues shall constitute a separate offense. Nothing set forth in this chapter shall be construed to negate or preclude any additional liability, punishment, enforcement action, remedy, fines, or penalties or limit the pursuit of other appropriate actions or proceedings at law or in equity available.

[Amended 12-17-2019 by Ord. No. 7-2019]

B. Category 1 violation. A violation subject to penalty under this provision shall be punishable by a fine of $1,000, plus costs, or imprisonment for not more than 90 days, or both.

[Amended 12-17-2019 by Ord. No. 7-2019]

C. Category 2 violation. A violation subject to penalty under this provision shall be punishable as follows:

(1) For the first offense: $100, plus costs;

(2) For the second offense: $250, plus costs;

(3) For the third offense and all subsequent offenses: $500, plus costs.

D. Cost of cleanup. Violators of 9-309.2 (Illegal dumping) and 9-309.4 (Excessive accumulation) shall be responsible for the cost of cleaning up the waste. An assessment of cleanup costs will be made based on the following schedule:

(1) Per ton of municipal waste: $190.

(2) Per vehicle used for cleanup: $75.

(3) Per person cleaning up municipal waste: $50.

(4) For fuel per hour and per vehicle used in cleaning up municipal waste: $25.

E. Additional fee. In addition to any fines, fees or penalties imposed in accordance with this chapter, an additional neighborhood mitigation penalty shall be imposed in the amount of $25. All neighborhood mitigation penalties imposed and collected by any division of the unified judicial system existing under § 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.