[Ord. No. 4-2020, 8/3/2020]
1. 
The ability to issue a violation ticket in lieu of a citation shall apply to violations of the following sections of the Borough of Forty Fort's Code of Ordinances, as amended:
A. 
Dog and Animal Nuisances: Ordinance No. 1975-7, as amended by Ordinance No. 2009-8 (Chapter 2, Part 1, Subpart B).
B. 
Fire and Safety Inspection Program: Ordinance No. 2006-9 (Chapter 5).
C. 
Outdoor burning: Ordinance No. 2007-3 (Chapter 7, Part 1).
D. 
Streets and Sidewalks: Ordinance No. 1997-1, as amended by Ordinance No. 2009-8 (Chapter 21, Part 2).
E. 
Trees: Ordinance No. 1994-5, as amended by Ordinance Nos. 2002-7, 2008-1, 2009-1, 2009-2, 2009-8, 2012-6, 2013-3 and 2014-3 (Chapter 25).
F. 
Brush, grass, and weeds: Ordinance No. 1994-5, as amended by Ordinance Nos. 2002-7, 2008-1, 2009-8, 2013-3 and 2014-3 (Chapter 25).
G. 
Prohibition of general nuisances: Ordinance No. 2018-2 (Chapter 27).
H. 
Placement of Waste Dumpsters: Ordinance No. 2002-9, as amended by Ordinance No. 2009-8 (Chapter 20, Part 2): Permit Required, § 20-202; Placement of Dumpsters, § 20-206; and Commercial Use Dumpsters, § 20-210.
[Ord. No. 4-2020, 8/3/2020]
The Forty Fort Code Enforcement Officer or other designated official, in his or her discretion, may issue a notice of violation for a violation of a Borough ordinance and allow a short period of time to correct the violation prior to issuing a violation ticket. When a violation ticket is issued, if the violator fails to address the compliance issue through the ticketing process outlined below, the Borough may proceed with other enforcement mechanisms described in said chapters of the Forty Fort Borough Code of Ordinances, including but not limited to the filing of citations. The issuance of a notice of violation and ability to correct or the issuance of a violation ticket are discretionary, and nothing herein shall be construed as establishing either the issuance of a notice of violation and ability to correct the violation or the issuance of a violation ticket are prerequisites to the issuance of a citation for violation of any Forty Fort Borough ordinances.
[Ord. No. 4-2020, 8/3/2020]
1. 
Where a notice of violation is issued, the notice of violation shall be in writing and shall identify the property address (if applicable), include a statement of the violation(s), and specify the maximum time frame to take corrective action.
2. 
The designated official of the Forty Fort Borough shall serve the notice of violation to the violator:
A. 
By delivering the notice of violation to the violator;
B. 
By delivering 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;
C. 
By leaving or affixing the notice of violation ticket to the property where the violation exists (if applicable);
D. 
By delivering the notice of violation to the violator's agent or to the person in charge thereof at any office or usual place of business of the violator; or
E. 
By mailing the notice to the violator's address of record first-class mail with a certificate of mailing.
3. 
If the violation is not addressed to the satisfaction of the designated official within the time frame stated on the notice of violation, the designated official shall issue a violation ticket to the violator consistent with the service of process described in Subsection 2 above. The violation ticket shall be in writing and shall identify the property address (if applicable), include a statement of the violation(s), the date and time when the alleged violation occurred and shall 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. In addition, the violation ticket shall set forth the ability to appeal as detailed in § 6-904 below. The fine for an individual's first violation (or first violation ticket) of the specified ordinance shall be $50.
4. 
If the violation is not addressed to the satisfaction of the designated officer within five days after the issuance of the first violation ticket, the designated officer may issue a second violation ticket, in which the fine shall be $75. If the violation is still not addressed within five days of the second violation ticket, a third violation ticket may be issued with a fine in the amount of $100.
5. 
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 designated official. If the violation is not addressed by that time, a citation will be issued by the designated official with the local District Justice.
6. 
The designated official 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.
7. 
If the Borough has taken action to correct the violation, the cost thereof shall be charged to the individual or property owner (if applicable) to whom the violation ticket has been issued.
[Ord. No. 4-2020, 8/3/2020]
If an individual or entity who has been issued a violation ticket feels aggrieved and disputes the violation ticket and is unable to resolve the matter with the enforcement officer, the violation ticket shall be rescinded, and a nontraffic citation shall be issued with the Magisterial District Justice in accordance with Pennsylvania law. All fees and costs associated with the filing of the citation with the Magisterial District Justice shall be the sole responsibility of the individual or entity cited.