[Adopted 7-8-2018 by Ord. No. 3-2018]
To establish a procedure to issue of violation tickets as opposed to citations to allow a citizen who admits that he has committed the violation that he/she has been charged with to pay the ticket as opposed to engage in the costly and protracted proceedings before a Magisterial District Judge.
The provisions of the article shall be enforced by any Code Enforcement Officer(s) of the Borough. The Borough by resolution can add or remove an addition officer(s) to enforce this article.
The following subsections of the International Property Maintenance Code, 2015 edition, as well as all other sections, and all other such ordinances deemed appropriate are hereby approved to be under the jurisdiction of this process and procedure:
Section 302.1
Sanitation
Section 302.4
Weeds
Section 302.8
Motor Vehicles
Section 304.3
Premises Identification
Section 304.5
Foundation Walls
Section 308*
Rubbish and Garbage (includes subsections 308.1 thru 308.3.2 inclusive)
OTHER
A. 
Any violation of the provisions of any portion of this article enumerated herein may be cause for a violation ticket, citation, or notice of violation to be issued to the violator, who is the person, individual, owner of the premises, officer, manager or principal person in charge of an entity, corporation, limited liability company or partnership of any type.
B. 
A notice of violation shall be served upon a violator, as defined herein, in the following manner:
(1) 
By handing a ticket of violation to the violator.
(2) 
By handing it at the residence of the person who committed the violation or to an adult member of the household or another person in charge of the residence.
(3) 
By leaving or affixing the notice of violation to the property where the violation exists.
(4) 
By handing it at any office or usual place of business of the violator, to his/her agent or to the person in charge at the time is in charge thereof.
(5) 
By mailing the violation ticket to the violator's address of record by first class mail, return receipt requested.
C. 
A violation ticket shall be served upon a violator in the following manner:
(1) 
By handing a ticket of violation to the violator.
(2) 
By handing it at the residence of the person who committed the violation or to an adult member of the household or another person in charge of the residence.
(3) 
By leaving or affixing the notice of violation to the property where the violation exists.
(4) 
By handing it at any office or usual place of business of the violator, to his/her agent or to the person in charge at the time is in charge thereof.
(5) 
By mailing the violation ticket to the violator's address of record by first class mail, return receipt requested.
D. 
Each day a violation continues or exists constitutes a separate offense for which a separate fine may be imposed.
E. 
Any officer appointed in accordance with this article is hereby authorized and empowered to correct or abate any violation in his/her sole discretion, which constitutes a clear and present danger to the health or safety of any person or property and said officer shall take all steps to correct and abate the nuisance within 24 hours if practicable under all the circumstances or, if not within a reasonable time, based upon all existing circumstances.
F. 
If the Borough corrects or abates a violation under Subsection E above, all costs connected therewith shall be charged to the owner of the property, tenant, offending person or entity responsible and such restitution can be recovered by any and all means available to the municipality.
A. 
For the first offense of any violation of this article within a twelve-month period, the ticket shall be issued in the amount of $25.
B. 
For the second offense of any violation of this article within a twelve-month period, the ticket shall be issued in the amount of $50.
C. 
For the third offense of any violation of this article within a twelve-month period, the ticket shall be issued in the amount of $100.
D. 
For the fourth offense and above of any violation of this article within a twelve-month period, the ticket shall be issued in the amount of $300.
Note: The Borough may modify the amounts of the fines at any time by resolution.
A violator in receipt of a violation ticket shall have 10 days from the date of the ticket to pay the amount of the fine noted on the ticket. Failure to pay the fine within 10 days as stated hereinabove shall result in the issuance of a criminal citation for the offense as enumerated on the ticket before a Magisterial District Judge having jurisdiction over matters involving Plymouth Borough.
A. 
The ticket issued to violators shall contain the following information and be in a form as the Borough Council deems appropriate. The information shall be as follows: ticket number, date issued, time issued, officer number or name, location of violation, violator's name and address, violator's date of birth and driver's license number, violations that are listed in § 185-14 of this article, penalties as set forth in § 185-16 of this article.
The information required stated herein can be modified by resolution of Council.
B. 
It shall not be ground to challenge the ticket because of failure to include the date of birth, driver's license number or correct address of the violator, if not available or if false information is provided by the violator or anyone else.
The provisions of this article are severable, and if any section, clause, sentence, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of that court shall not affect, impair or invalidate any of the remaining sections, clauses, sentences, parts or provisions of this article. It is the intent of the Borough by this article would have been adopted without such illegal, invalid or unconstitutional provision.