[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:
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.
An individual, corporation, partnership or any other group
acting as a unit.
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:
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.