[HISTORY: Adopted by the City Council of the City of Shamokin 7-9-2012 by Ord. No. 12-04. Amendments noted where applicable.]
The chapter shall be known and may be cited as the "Alternative Dispute Resolution Ordinance of the City of Shamokin, Northumberland County, Pennsylvania, of 2012."
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 they 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 City 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 of the right to dispute the ticket and receive the full benefit of procedural and substantive due process of law.
A. 
The provisions of any article so enumerated shall be enforced by police officers, Code Enforcement Officers, or any public officer sworn to uphold and enforce the law of the municipality.
B. 
The Shamokin City Council may from time to time change, increase or decrease those sections to be covered under this chapter by resolution passed at the January regular monthly meeting, however at the time of the adoption of this chapter, the following chapters are deemed and ordained to be under the jurisdiction of this process:
(1) 
The provisions of the BOCA Code adopted by the City of Shamokin pursuant to the provisions of Chapter 37 of the Shamokin City Code (entitled Building Code)[1] relating to a) brush, grass and weeds; and b) unsafe buildings.
[1]
Editor's Note: Original Ch. 37 of the 1967 Code, Building Code, was superseded 7-12-2004 by Ord. No. 04-01. See now Ch. 176, Construction Codes, Uniform.
(2) 
Chapter 132 of the Shamokin City Code entitled Animals.
(3) 
Chapter 202 of the Shamokin City Code entitled Dumping and Littering.
(4) 
Article VI of Chapter 245 of the Shamokin City Code concerning outdoor burning.
(5) 
Chapter 264 of the Shamokin City Code entitled Health, Comfort and Sanitary Conditions.
(6) 
Chapter 497 of the Shamokin City Code entitled Vehicles, Abandoned, Hazardous, Harmful and Junked.
C. 
Any violation of the provisions of any article enumerated in this chapter may be cause for a citation, a violation ticket and/or a notice of violation to be issued to the violator.
D. 
A notice of violation or a violation ticket shall be served upon a violator in the following manner:
(1) 
By handing the notice or violation ticket to the violator.
(2) 
By handing it, at the residence of the person to be served, to an adult member of the household or other person in charge of the residence.
(3) 
By leaving or affixing the notice or violation ticket to the property where the violation exists.
(4) 
By handing it to any office or usual place of business of the violator, to his/her agent or to the person, for the time being, in charge thereof.
(5) 
By mailing the notice to the violator's address of record.
E. 
Each day a violation continues or is permitted to continue constitutes a separate offense for which a separate fine may be imposed.
F. 
A public officer is hereby authorized and empowered to correct or abate any violation and should, in the discretion of the officer, such violation constitute a clear and present danger to the health and safety of the community, he shall take all steps necessary to correct or abate the violation within 24 hours.
G. 
If the City has effected a correction of the violation, the cost thereof shall be charged to the owner of the property, tenant, or offending party, in that order of responsibility.
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 criminal citation for the offenses enumerated on the ticket.
A. 
For the first offense of a violation as set forth in this chapter within a twelve-month period, the tickets shall be issued in the amount of $25.
B. 
For the second offense of a violation as set forth in this chapter within a twelve-month period, the tickets shall be issued in the amount of $50.
C. 
For the third offense of a violation as set forth in 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 a violation as set forth in this chapter within a twelve-month period, the ticket shall be issued in the amount of $300.
In addition to imposing a fine and costs or imprisonments enumerated under the section allegedly violated, the Magisterial District Judge may order the violator, upon conviction, to make restitution to any aggrieved person.
The provisions of this chapter are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of contempt jurisdiction, such decision of the court shall not affect, impair or invalidate any of the remaining sections, clauses, sentences, parts or provisions of this chapter. It is hereby declared to be the intent of Shamokin City Council that this chapter would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence, part of provision had not been included herein.
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.