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Borough of Danville, PA
Montour County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Danville 2-10-2015 by Ord. No. 525. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Quality of Life Ticketing Ordinance of the Borough of Danville."
The purpose of this chapter is to provide for a mechanism by means of issuance of tickets rather than citation to permit a citizen who believes he may have been in violation to pay the ticket rather than cause the issuance of a citation and a costly and protracted legal hearing before a judge and unnecessary appeals. The resolution in this manner is beneficial from a twofold perspective in that it permits the Borough to maintain and enforce its laws and permits a citizen so accused to resolve the dispute in a manner that does not unduly burden the resident by requiring the issuance of a citation and a court hearing. It also does not deprive the citizen the right to dispute the ticket and receive the full benefit of procedural and substantive due process of law.
As used in this chapter, the following terms shall have the meanings indicated:
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, corporation, partnership or any other group acting as a unit.
VIOLATOR
See "owner."
A. 
The provisions of any chapter/article/section so enumerated shall be enforced by police officers and Code Enforcement Officers who are sworn to uphold and enforce the law of the municipality.
B. 
The Council may change those sections to be covered under this Quality of Life Ticketing chapter from time to time by resolution; however, at the time of the adoption of this chapter, the following chapters/articles/sections are hereby deemed and ordained to be under the jurisdiction of this process:
(1) 
Article II, Garbage and Rubbish Collection, within Chapter 207, entitled "Solid Waste."
(2) 
Section 302.4 of Chapter 180, entitled "Property Maintenance Code, First Edition, 2009, as adopted by reference by Ch. 180, Property Maintenance."[1]
[1]
Editor's Note: Refers to Section 302.4 of the International Property Maintenance.
(3) 
Chapter 203, entitled "Snow and Ice Removal."
C. 
Any violation of the provisions of any chapter/article/section as enumerated in this chapter may be cause for a violation ticket to be issued to the violator.
D. 
A violation ticket shall be served upon the violator in the following manner:
(1) 
By handing the ticket or notice of violation to the violator.
(2) 
By handing it to an adult resident of the subject property.
(3) 
By leaving or affixing the notice or violation ticket to the property where the violation exists.
(4) 
By mailing the notice or violation ticket to the violator's address of record by first-class mail, with a certificate of mailing.
E. 
Each day after the issuance of a ticket that a violation continues or is permitted to continue constitutes a separate offense for which a separate fine may be imposed.
F. 
If the Borough has corrected a violation, the cost thereof shall be charged to the owner of the property by whatever means is available to the municipality.
A person in receipt of a violation ticket shall have 10 days within which time to pay the amount of the ticket. In the event the ticket is not paid within 10 days, such failure to pay shall result in the issuance of a nontraffic citation for the offense as enumerated on the ticket.
A. 
For the first offense of the violation of this chapter within a twelve-month period, the tickets shall be issued in the amount of $25.
B. 
For the second offense of the violation of this chapter within a twelve-month period, the tickets shall be issued in the amount of $50.
C. 
For the third offense of the violation of this chapter within a twelve-month period, the tickets shall be issued in the amount of $100.
D. 
For the fourth offense and all subsequent offenses of the violation of this chapter within a twelve-month period, the tickets shall be issued in the amount of $300.