[HISTORY: Adopted by the Borough Council of the Borough of
Houston as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-10-2016 by Ord. No. 499]
As used in this article, the following terms shall have the
meanings indicated unless a different meaning clearly appears from
the context:
The person violating any ordinance of the Borough of Houston
and/or any laws of the Commonwealth of Pennsylvania and/or those laws,
rules and regulations designated as the Pennsylvania Crimes Code,
Pa.C.S.A. Title 18 and Title 35, Chapter 6, in their entirety.
Any communication to the Borough of Houston or County 911
Dispatch Center or to the police, Code Enforcement Officer, Zoning
Officer, or other entity, indicating the possibility of the existence
of the occurrence of a crime, the violation of a Borough ordinance,
or other emergency situation warranting immediate action by the police
and/or zoning and code enforcement officials.
Any person, tenant, resident, business organization, nonprofit
organization, charitable institution, agent, servant or employee who
makes a request for response.
Any event which causes or necessitates the Houston Borough
Police Department, the Borough of Houston Zoning Officer or the Borough
of Houston Code Enforcement Officer to utilize its communications
systems, motor vehicles and/or personnel to arrive at any place designated
by the requestor.
A.
Any requestor who makes a request for response which causes a response to be made by an agent, employee or servant of the Borough of Houston, which subsequently results in the withdrawing of charges initiated as a result of the response, or any requestor who unreasonably makes multiple requests for response may be charged the cost of the response as set forth in § 130-3 of this article.
B.
Any actor or perpetrator who it has been determined has violated the ordinances of the Borough of Houston or the laws of the Commonwealth of Pennsylvania as set forth in this article, said determination being made by the Court of Common Pleas of Washington County, including the minor judiciary of said county, by either Magisterial District Judge or jury, after trial or hearing, the agreement by the actor to a guilty plea, ARD agreement, plea of nolo contendere or no contest, probation or determination without verdict, and/or any adjudication, determination or agreement regarding a juvenile under the Pennsylvania Juvenile Laws shall be charged the costs of the response as set forth in § 130-3 of this article.
Any responses or determinations as set forth in § 130-2 of this article shall require the requestor or actor to reimburse to the Borough of Houston such fees, costs and expenses as set forth by resolution of the Council of the Borough of Houston as well as any incidental costs, fees or expenses relating to a response.
A.
The Borough of Houston shall provide an invoice to those individuals creating the requirement of a police, zoning or code enforcement officer, as set forth in § 130-2A of this article pursuant to the schedule of charges set forth by resolution of the Borough Council of the Borough of Houston.
B.
The invoicing as designated above shall be provided by the Borough
within 30 days of the date of the municipal response as set forth
in this article. Thereafter, payment shall be made to the Borough
of Houston for the aforesaid invoicing within 30 days of the date
of the invoice.
C.
Where the costs, expenses and fees claimed under this article for police, zoning or code enforcement arise from or relate to the prosecution of an actor, as provided under § 130-2B, or the filing of any action for enforcement of an ordinance of the Borough, then such costs, expenses and fees as provided by resolution of the Borough Council of the Borough of Houston pursuant to § 130-3 shall be included as restitution, costs of prosecution, or additional costs in any such prosecution or enforcement action.
D.
The costs, fees, and expenses, as provided under § 130-4C above, shall be collected through the appropriate magisterial district office and/or through the office of the Clerk of Courts of Washington County. It shall be the duty of the prosecuting officer or Borough officer bringing the enforcement proceedings to make appropriate claim for any amounts due under this article.
E.
Failure to pay the aforesaid amounts shall cause the Borough of Houston
to file a civil action, judgment and/or municipal lien against the
invoiced party. The foregoing notwithstanding, the Borough of Houston,
through its Police Department and/or Zoning and Code Enforcement Department,
may request any court having competent jurisdiction over a requestor,
actor or perpetrator to make restitution to the Borough of Houston
consistent with the terms and conditions of this article.
F.
Interest on the unpaid balance of any invoices of any fees shall
carry an interest rate of 6% per annum of the unpaid balance. In addition,
the Borough of Houston may assess attorneys' fees.
Any ordinance or parts of ordinances of the Borough of Houston
inconsistent with the terms and conditions of this article is hereby
repealed to the extent of said inconsistency.
If any section, clause or part of this article is for any reason
found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this article.
It is hereby declared as the intent of the Borough Council of the
Borough of Houston that this article would have been adopted had such
unconstitutional, illegal, or invalid sentence, clause, section or
part thereof not been included therein.
Should any provisions, part or section of this article be finally
declared to be illegal, unenforceable or void, such shall not affect
the remainder of this article, which shall nonetheless remain fully
valid, binding and enforceable as though this article had not contained
such void, illegal or enforceable parts and/or provisions.
This article shall become effective immediately.
This article may hereby be amended by resolution of the Council
of the Borough of Houston.
