[HISTORY: Adopted by the Council of the Borough of Monaca 10-23-2018 by Ord. No. 959. Amendments noted where applicable.]
This chapter shall be known and may be cited as the Quality
of Life Ticketing Ordinance of the Borough of Monaca.
A.
BOROUGH
OWNER
PERSON
QUALITY OF LIFE TICKET/VIOLATION TICKET
VIOLATION
VIOLATOR
The following words and phrases as used in this chapter shall have
the following meanings:
The Borough of Monaca.
Any person, agent, operator, firm, corporation or other legal
entity having a legal or equitable interest in the property located
in the Borough, as recorded in the official records of the Recorder
of Deeds of Beaver County, 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 entity
acting as a unit.
A document issued by a person authorized to do so on behalf
of the Borough to a person alleged to be in violation of the provisions
of the Code of the Borough of Monaca, as cited in this chapter, calling
for payment to be made in lieu of the issuance of a citation or the
commencement of legal proceeding seeking penalties for violations.
The failure to abide by or conform to the provisions of the
Code of the Borough of Monaca cited in this chapter.
See "owner."
B.
The singular shall include the plural.
A.
Any person violating the following provisions of the Code of the
Borough of Monaca is hereby directed to satisfy the Borough, upon
issuance of a quality of life ticket, by correcting the violation
in question. A Monaca police officer or person appointed by the Council
of the Borough to be in charge of issuing notices of violations of
the provisions of the Code of the Borough of Monaca, is authorized
and empowered to cause a violation to be corrected. The cost associated
with correcting the violation shall be determined by the Borough in
order that the Borough shall be compensated for both direct and indirect
costs and expenses incurred.
B.
The Borough acting through its employee workforce or through an independent
contractor, reserves the right to abate the violation in question
at the expense of the owner. If the Borough has effected the abatement
of the violation, the costs thereof may be charged to the owner of
the property. A bill/invoice will be generated to the violator for
payment separate from the quality of life ticket, which will also
be paid separately.
C.
In all instances where the Borough abates the violation, in addition
to the fine set forth in the quality of life ticket, the Borough is
authorized to recover from the offending party or the owner of the
property, charges pursuant to rules and regulations established by
the Borough.
D.
Borough cleanup. The Borough reserves the right to perform any necessary
work to abate any violation once seven days pass from the date of
issuance of the quality of life ticket. Should the violation at the
discretion of the person enforcing the provisions of this chapter
on behalf of the Borough present imminent danger and/or pose a health
hazard and/or risk, the Borough reserves the right to perform the
abatement immediately. The Borough will perform this work at a rate
of $60 per hour, per man, and plus the cost of any material necessary
for the abatement. The Borough reserves the right to charge an additional
20% on all material purchases to cover all miscellaneous expenses,
such as wear and tear on equipment.
E.
Contractor cleanup. The Borough reserves the right to direct a contractor
to perform the abatement of the violation in question once seven days
pass from the date of issuance of the quality of life ticket. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the Borough reserves the right to direct an independent
contractor it chooses to hire to perform the abatement immediately.
The contractor will submit a bill for his/her/its work to the Borough
and the Borough will forward these costs to the violator. The Borough
reserves the right to add a 30% processing fee in addition to the
cost of the contractor.
A.
The provisions of this chapter shall be enforced either by police
officers and Code Enforcement Officers who are sworn to uphold and
enforce the laws of the Borough.
B.
Borough Council may change those sections of the Code of the Borough
of Monaca to be covered under this Quality of Life Ticketing Ordinance
from time to time, however, at the time of the adoption of this chapter
the following chapters or sections of said Code are hereby deemed
and ordained to be under the jurisdiction of this process called for
in this chapter:
C.
Any violation of the provisions of any of the sections referred to in Subsection B above 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 it personally to the violator.
(2)
By handing it to an adult resident of the subject property.
(3)
By leaving or posting it at a prominent location on the property
where the violation exists.
(4)
By mailing it to the violator's address on record with the Borough
by first-class mail, verified by a certificate of mailing and/or by
registered mail, return receipt requested.
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 or to the property itself,
by whatever means is available to the municipality, including but
not limited to the filing of a municipal claim or lien.
A person in receipt of a violation ticket shall have seven calendar
days to rectify the alleged violation failing which he/she/it shall
have 10 calendar days within which time to pay the amount of the ticket.
In the event the ticket is not paid within 10 calendar 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 constituting a violation of any of the sections referred to in § 172-4B within a twelve-month period, the violation ticket shall be issued in the amount of $25.
B.
For the second offense constituting a violation of any of the sections referred to in § 172-4B within a twelve-month period, the violation ticket shall be issued in the amount of $50.
C.
For the third offense constituting a violation of any of the sections referred to in § 172-4B within a twelve-month period, the violation ticket shall be issued in the amount of $100.
D.
For the fourth offense constituting a violation of any of the sections referred to in § 172-4B within a twelve-month period, the violation ticket shall be issued in the amount of $300.
E.
The provisions of this chapter shall not apply should the violation
be prosecuted through the citation process, in which case the fines
and costs shall be determined by the provision of the applicable section
of the Code of the Borough of Monaca.
A.
If the person or owner in receipt of a $25 violation ticket does
not pay the fine or request a hearing within 15 days, the person will
be subject to a $10 penalty for days 16 through 30.
B.
If the person or owner in receipt of a $50 violation ticket does
not pay the fine or request a hearing within 15 days, the person will
be subject to a $25 penalty for days 16 through 30.
C.
If the person or owner in receipt of a $100 violation ticket does
not pay the fine or request a hearing within 10 days, the person will
be subject to a $50 penalty for days 16 through 30.
D.
If the person or owner in receipt of a $300 violation ticket does
not pay the fine or request a hearing within 10 days, the person will
be subject to a $100 penalty for days 16 through 30.
E.
Failure of a person to make payment or request a hearing within 30
days of a violation ticket shall make the person subject to the filing
of citation for failure to pay.
F.
If violations are believed to be continuous or egregious, in the
discretion of the Borough, the Borough authorizes any of its police
officers or Code Enforcement Officials to issue citations without
first issuing violation tickets, provided notice has been given to
the person alleged to be in violation that a citation will be issued.
Such notice shall be in the form of a letter sent on behalf of the
Borough to the person alleged to be in violation. Upon issuance of
four tickets for the same violation, right is reserved for the police
officer or Code Enforcement Officer to issue citations for the fifth
and subsequent offenses.
The provisions of this chapter shall not supersede or supplant the enforcement, fines, or penalty provisions of the Code of the Borough of Monaca generally and in particular, the sections referred to in § 172-4B but rather shall act as an alternative means by which to resolve alleged violations of said Code and sections.
The provisions of this chapter are severable, and if any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid, and unconstitutional by any court of competent jurisdiction,
such decision of the court shall not effect, impair, or invalidate
any of the remaining sections, clauses, sentences, parts or provisions
of this chapter.
The provisions of any prior ordinance which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency. This chapter shall be effective immediately
upon adoption.
The provisions of this chapter shall become effective upon enactment
hereof.
