The terms of this chapter will effectively be carried out and
enforced by the Township Manager, Public Works Director, Ordinance
Enforcement Officer, or their authorized designee. All persons, both
the owner and occupant, applicant and/or authorized agent, partnership,
association or corporation are responsible for compliance with this
chapter. Upon the discovery of any violation under the terms of this
chapter, the municipality shall, through its authorized agents, give
notice to the owner of a violation hereunder either by personal delivery
to such owner, by United States mail directed to last known address
of such person or persons, as shown in the real estate registry records
of the municipality, or by leaving the same on the premises where
such violation occurs. If such person shall, within seven days after
the delivery, mailing or leaving of such notice, remit payment to
College Township as set by Council in § A203, Fees and Penalties,
the same will constitute full satisfaction for the violation noted
in said notice.
Any person, firm, corporation or utility which shall violate
any of the provisions of this chapter or any of the terms or conditions
of any permit issued pursuant thereto, including any regulations applicable
thereto, shall, upon conviction thereof, be sentenced to pay a fine
as described herein:
A. Snow and ice removal. Any property owner who fails to comply with
the section pertaining to snow and/or ice removal within the given
time period shall be considered in violation of this chapter and subject
to a fine as set by resolution of College Township Council. Each day
said owner or other party by lease shall neglect or refuse to remove
said snow, ice, structure or other obstructions, as provided by this
chapter, shall be a separate offense.
B. Removal of snow or ice by Township. In cases where a property owner
continuously fails to remove snow and ice from sidewalks as required
herein, the Township and/or its designees may clear or cause the same
to be cleared and the costs of clearing them plus 10% administrative
costs shall be collected by the Township from said property owner
or occupier of the property involved, and such amount may be charged
in addition to any fine or penalty already imposed in relation to
the clearance of snow and ice.
C. Repeat violations. If two or more violations are issued for the same property during the winter season, the second and subsequent violations' payment shall be increased per violation, as set by Council in § A203, Fees and Penalties. The failure of such person to make payment, as foresaid, within seven days, shall render such owner subject to the penalties provided under §
177-55A. Nothing contained in this section shall, in any way, negate the provisions of this chapter regarding separate offenses for every day any violation occurs.
D. Penalties on neglect or refusal of the owner to remove said snow,
ice or other deposits. Upon conviction of such neglect or refusal
to remove said snow, ice or other deposit, a property owner or other
party by lease shall pay a fine of not less than $50 and not more
than $500, to be collected as now provided by law. Each day said owner
or other party by lease shall neglect or refuse to remove said snow,
ice or other deposit as provided by this chapter shall be a separate
offense.
E. Unauthorized/unpermitted structures within the right-of-way. Any
property owner who fails to remove any unauthorized or unpermitted
structure shall be considered in violation of this chapter and subject
to a fine as set by resolution of College Township Council. Each day
said owner or other party by lease shall neglect or refuse to remove
said snow, ice, structure or other obstructions, as provided by this
chapter, shall be a separate offense.
F. Township authorized to remove obstructions. Whenever any owner of any property shall refuse or neglect to clear the said rights-of-way, as provided within Article
VII of this Chapter
177, Streets and Sidewalks, hereof, the Township Public Works Director and/or Township Manager may clear or cause the same to be cleared, and the cost of clearing them, with 10% additional, shall be collected by the municipality from the said owner of the property. Such amount may be charged in addition to any fine or penalty imposed under this chapter.
G. Other provisions of this chapter. Any person, firm, corporation or
utility which shall violate any of the provisions of this chapter
or any of the terms or conditions of any permit issued pursuant thereto,
including any regulations applicable thereto, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $500 and costs
of prosecution, and in default of payment of such fine(s) and costs,
to imprisonment for not more than 30 days. Each day's continuance
of a violation shall constitute a separate offense.
H. Failure to remit payment. Whenever the owner of a violation, as provided
within this chapter, fails to comply with terms of the violation(s)
upon conviction thereof before a district magistrate in a summary
proceedings, shall be sentenced to pay a fine(s) of not less than
$65 nor more than $500, and in default of payment of such fine(s),
together with the costs, is subject to imprisonment at the Centre
County Jail for a period not to exceed 10 days. Each person so charged
with a summary offense shall have the right of an appeal as provided
by law.