[HISTORY: Adopted by the Borough Council of the Borough of North East 8-6-2018 by Ord. No. 902. Amendments noted where applicable.]
The purpose of this chapter is to provide a mechanism for issuance of a ticket rather than citation to permit a citizen who is in violation of a Borough ordinance to pay the ticket rather than cause the issuance of a citation and a costly and protracted legal hearing before a District Judge and unnecessary appeals. The resolution in this manner is beneficial in that it permits the Borough of North East to maintain and enforce its ordinances 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.
A. 
Any violation of the following ordinances may be cause for a notice of violation, violation ticket, or citation to be issued to the violator:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Ordinance No. 195 (Chickens).
(2) 
Ordinance No. 684 (Dogs Running at Large).
(3) 
Ordinance No. 753 (Regulating Dogs and Cats).
(4) 
Ordinance Nos. 856 and 908.
(5) 
Ordinance No. 742 (Recycling).
(6) 
Ordinance No. 805 (Amending Ordinance No. 742-Burning Recyclables).
(7) 
Ordinance No. 903 (Zoning Ordinance).
(8) 
Ordinance No. 821 (Adopting Pennsylvania Construction Code).
(9) 
Ordinance No. 706 (Installation of Curbs by Homeowners).
(10) 
Ordinance No. 821A (Regulating Excavations, Openings and Installations on Borough Streets).
(11) 
Ordinance No. 603 (Housing Code).
(12) 
Ordinance No. 815-A (Dangerous Buildings).
(13) 
Ordinance Nos. 856 and 885 (Nuisances).
(14) 
Ordinance No. 801A (Sidewalks).
(15) 
Ordinance No. 901 (Garbage).
B. 
If the violator fails to address the compliance issue through the ticketing process outlined below, the Borough of North East may proceed with other enforcement mechanisms described in said ordinances.
A. 
The notice of violation shall be in writing and shall identify the property address (if applicable), include a statement of the violation(s), specify the maximum time frame to take corrective action and detail the fine for nonpayment of the ticket within the prescribed time frame.
B. 
The Code Enforcement Officer of the Borough of North East shall serve the notice of violation to the violator:
(1) 
By handing the notice of violation to the violator;
(2) 
By handing the notice of violation to be served to an adult member of the household or other person in charge of the residence at the residence of the person to be served;
(3) 
By leaving or affixing the notice or violation ticket to the property where the violation exists (if applicable);
(4) 
By handing the notice of violation to the violator's agent or to the person in charge thereof at any office of usual place of business of the violator; or
(5) 
By mailing the notice to the violator's address of record first-class mail with a certificate of mailing.
C. 
If the violation is not addressed to the satisfaction of the Code Enforcement Officer within five calendar days from the issuance of the notice of violation, the Code Enforcement Officer shall issue a violation ticket to the violator consistent with the service of process described in § 458-3B above. The violation ticket shall be in writing and shall identify the property address (if applicable), include a statement of the violation(s), specify the maximum time frame to take corrective action to address the violation and detail the fine for the nonpayment of the ticket within the prescribed time frame. The fine for the first notice of violation shall be $25.
D. 
If the violation is not addressed to the satisfaction of the Code Enforcement Officer within five calendar days after the issuance of the first violation ticket, the Code Enforcement Officer shall issue a second violation ticket; if the violation is not addressed within five calendar days of the second violation ticket, a third violation ticket shall be issued. The fine for a second and third violation is $50 and $75, respectively.
E. 
The Code Enforcement Officer is authorized and empowered to correct or abate any violation which in the discretion of the officer such violation constitutes a clear and present danger to the health and safety of the community.
F. 
If the Borough of North East has taken action to correct the violation, the cost thereof shall be charged to the individual or property owner (if applicable) to whom the ticket has been issued.
G. 
The Code Enforcement Officer shall have the discretion to decide not to issue the second and third violation ticket and to proceed with enforcement mechanisms described in ordinances.
A person in receipt of a third violation ticket shall have five days after the issuance of the ticket to address the violation to the satisfaction of the Code Enforcement Officer. If the violation is not addressed by that time, enforcement mechanisms described in ordinances will be followed.
Any person who receives a violation ticket for any offense under this chapter may within five days of the service of the violation ticket a) admit the violation and pay the fine in full satisfaction or b) deny the violation and request an appeal before the Borough Manager of the Borough of North East. At the appeal, which shall be scheduled within 10 calendar days of a request for appeal, the person shall have the right to provide information at that time including the right to question any witnesses. Only evidence relevant to the violation in question shall be considered and formal rules of evidence shall not apply. A ruling on the appeal shall occur not more than five calendar days after the appeal is heard.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such an unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter. It is hereby declared as the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof had not been included herein.
This chapter shall be effective immediately upon passage.