[Adopted 6-5-1996 by Ord.
No. 96-169]
All Harborcreek Township ordinances previously enacted which
provide that enforcement of violations shall be through criminal proceedings,
for conviction in a summary proceeding, for imposition of a fine upon
conviction in a summary proceeding and/or for imprisonment upon default
in payment of a fine and costs are hereby repealed insofar as they
contain such provisions and amended so as to provide for enforcement
and fines in the manner set forth in this article as civil violations
and actions, said ordinances including the following:
|
Ordinance No.
|
Popular Name
|
Section(s) Amended
|
|---|---|---|
|
79-79
|
Harborcreek Township Parks
|
§ 313-6
|
|
64-34[1]
|
Earned Income Tax
|
6, 10
|
|
82-93, amended 82-93-1; 82-93-2[2]
|
Amusement Device Tax
|
8
|
|
85-115[3]
|
Occupation Privilege Tax
|
13
|
|
54-1[4]
|
Anti-Dumping Ordinance
|
9
|
|
84-97[5]
|
Garbage Disposal Regulation
|
5, 16
|
|
64-33[6]
|
Junkyard Refuse Ordinance
|
13
|
|
56-7[7], amended 75-68
|
Firearms Control
|
§ 218-8
|
|
56-5
|
Nuisance
|
§ 300-4
|
|
69-46[8]
|
Abandoned Vehicles
|
4
|
|
66-39
|
Snow and Ice Clearing
|
§ 400-7
|
|
81-86
|
Animal Control
|
§ 129-7
|
|
66-40[9]
|
Dogs at Large
|
2, 6
|
|
78-76[10]
|
Industrial Waste Ordinance
|
4
|
|
85-109[11]
|
Building Code
|
6
|
|
84-102[12]
|
Zoning Ordinance
|
29
|
|
87-120
|
Dutton Road Bridge Weight Restriction
|
§ 440-18
|
|
88-124[13]
|
Landlord Reporting
|
8
|
|
88-126
|
Depot Road and Bartlett Road
|
§ 440-18
|
|
88-126-1
|
Bridge Weight Restriction
|
§ 440-18
|
|
72-58, amended 72-58-3[14]
|
Fire Prevention Code
|
10
|
|
70-51
|
Jordan Road Weight Limit
|
§ 440-18
|
|
84-99
|
Street Openings
|
§ 400-24
|
|
83-8
|
Winter Weight Limits
|
§ 440-18
|
|
84-104
|
Cooper Road Truck Traffic Restriction
|
§ 440-18
|
|
85-112
|
Highmeyer Road Truck Traffic Restriction
|
§ 440-18
|
|
90-140[15]
|
Recycling Ordinance
|
X
|
|
90-141
|
Mandatory Water Line Connection
|
§ 458-13
|
|
92-148
|
Weight Restriction Leet Road Bridge
|
§ 440-18
|
|
93-152[16]
|
Stormwater Management
|
903
|
|
94-157[17]
|
No Smoking
|
5
|
|
95-162[18]
|
Garbage Collection and Recycling
|
17
|
|
95-164
|
Loitering and Prowling
|
§ 278-3
|
|
85-109, amended 94-159[19]
|
BOCA
|
116.4
|
|
74-64[20]
|
Road Permits
|
11
|
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Section 1-11 of this article shall not be deemed to modify, amend or repeal any Harborcreek Township ordinances which, by Pennsylvania law (including but not limited to the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and the Sewage Facilities Act, 35 P.S. § 750.1 et seq.), are to be enforced as criminal proceedings or any ordinance regulating stop signs, dumping, befouling the roadways, and water connections; provided, however, that the penalties and sanctions of said ordinances, although still criminal, will not include imprisonment. Section 1-11 shall not be deemed to modify, amend or repeal Township ordinances or existing law which provide for criminal proceedings for violation of a proper directive in emergency situations.
The Pennsylvania State Police and, in certain instances, the
Lawrence Park Township Police, are authorized and directed to investigate
alleged violations and enforce Harborcreek Township ordinances as
follows:
A.
The police shall be responsible for investigation of alleged violations
and all proceedings related to enforcement of all Township ordinances
pertaining to established speed limits, stop signs, prohibition of
parking or standing of vehicles, temporary traffic regulation, careless
driving on private property, fire lanes, handicapped parking areas,
burning regulations and regulation of transient vendors and merchants;
B.
The police shall have authority to investigate or assist Township
Code enforcement personnel in the investigation and prosecution of
proceedings to enforce Township ordinances where officers witness
apparent violations, in circumstances where the public health, safety
and welfare calls for prompt investigation and remedial action, in
emergency situations and upon request of the Fire Inspector/Fire Marshal
or other Code enforcement personnel to enforce directives authorized
by ordinance and/or in emergency situations;
C.
The police shall not arrest or engage in warrantless searches in
situations which involve solely violation of an ordinance giving rise
to a civil enforcement proceeding, but may exercise such powers where
existing law or public health and safety would permit such action;
The Board of Supervisors shall by resolution designate those
officers and employees of the Township who shall have authority to
investigate alleged violations, determine whether a violation has
occurred and institute proceedings for enforcement of Township ordinances,
such persons being referred to in this article as "Code enforcement
personnel." All prior designations of and grant of authority to Code
enforcement personnel under Township ordinances or resolutions of
the Board of Supervisors are hereby preserved and shall remain in
full effect except as may be modified in the future. Provisions of
this article establishing duties and powers of "Code enforcement personnel"
shall extend as well to the Pennsylvania State Police as to its assigned
responsibilities in enforcement of Township ordinances, except to
the extent that Pennsylvania law provides otherwise.
This article shall not be construed so as to amend ordinances of Harborcreek Township enacted prior to this date except for the limited reasons set forth in § 1-11, above. All such previously enacted ordinances shall otherwise remain in effect, and all such ordinances state policies and define standards of conduct and violations which shall be and remain in full legal effect. Penalty action in all such ordinances shall, effective May 7, 1996, be deemed to be a civil violation rather than a criminal violation. All references in those ordinances identified in § 1-11 to criminality and criminal fines are hereby repealed. All said ordinances shall further be deemed amended and modified to incorporate therein the provisions of this article which prescribe fines for violation and establish a procedure for civil enforcement of Township ordinances.
All Code enforcement personnel designated by the Board of Supervisors
and the Pennsylvania State Police in their proper jurisdiction are
hereby authorized and directed to investigate all instances and allegations
of violation of Township ordinances, to determine whether a violation
of a Township ordinance has occurred and to conduct and institute
those administrative and civil proceedings for enforcement of ordinances
and collection of fines, costs and fees which are set forth in this
article.
The Code enforcement personnel or Pennsylvania State Police
shall determine in each instance whether a violation of a Harborcreek
Township ordinance has occurred. Upon determining that a violation
has occurred, the officer shall impose upon the violator that penalty
prescribed in the ordinance or, as to the previously enacted ordinances
subject to this article, as prescribed in the amendment of said ordinance
effected by this article. All provisions in Township ordinances for
continuing violations and for imposition of a fine or penalty for
each day a violation occurs shall be and remain in full effect. If
the fine established for a violation is not the maximum sum authorized
by the Township Code ($1,000 or $600 for specified violations) or
other applicable law and the officer believes that the circumstances
of a case call for a fine in excess of that prescribed, the officer
shall submit a recommendation to the Board of Supervisors which, on
a case-by-case basis, may impose a fine which is in excess of the
prescribed fine for violation, so long as such fine does not exceed
the maximum sum allowed by law. In no event shall a fine in a sum
less than those prescribed by ordinance be imposed.
Where an ordinance imposes duties upon owners or occupants of
property or the violation otherwise pertains to the act or omission
of two or more persons or entities, all persons or entities found
to have violated a Township ordinance shall be cited for the violation
and subject to enforcement proceedings. In all cases involving acts
or omissions upon or about a property for which owners and/or occupants
are responsible for proper conduct, all co-owners and, as applicable,
co-occupants of the property shall be cited in all notices and proceedings,
it being the express intention of the Board of Supervisors that all
such persons be jointly and severally liable for the violation, fine
and all costs, fees and other charges due as a consequence of such
violation and all proceedings related thereto.
Upon a determination that a violation of a Township ordinance
has occurred and the fine to be imposed for such violation, the officer
shall serve upon the person(s) or entities determined to have violated
a Township ordinance written notice of violation upon a civil enforcement
notice heretofore or in the future adopted by resolution of the Board
of Supervisors. Such enforcement notice shall specify the nature of
the violation, the ordinance and section violated; state in summary
fashion the officer's findings of violation; identify the person(s)
or entity(ies) or vehicle(s) found to have committed the violation,
state the fine prescribed for the violation; identify the officer
and specify the manner in which such fine may be paid promptly by
the violator(s) to avoid additional penalties, costs, attorneys' fees
and other charges.
A.
Where authorized by applicable law, ordinance or resolution, the
Pennsylvania State Police and its officers shall serve notice of violation
by affixing such notice upon a vehicle at the time the violation is
determined to have occurred.
B.
In all other cases, written notice of violation shall be mailed to
the person(s) or entity(ies) found to have violated the ordinance
at such address as shall be determined from Township, property or
other public records. Such written notice shall be sent to the violator(s)
via first-class mail where the fine for violation is less than $100
and via certified mail, return receipt requested, where the fine for
violation is $100 or more.
C.
Where certified mail service is required and such notice is refused
or unclaimed or the return receipt is not received, then at least
10 days prior to commencing a civil enforcement proceeding in any
court, the officer shall mail to the violator(s) the notice by first-class
mail.
D.
Refusal or failure to claim or accept a written enforcement notice
served by the officer via certified mail or first-class mail shall
not excuse the recipient's failure to pay the prescribed fine within
the time established in the enforcement notice, in which event all
additional fines, costs or other charges due as a consequence of failure
to pay promptly shall be due.
E.
All civil enforcement notices shall state that Harborcreek Township
shall bring a civil action for enforcement of its ordinance(s) in
the event payment of the fine is not made within the time prescribed
and that, in the event the fine prescribed during administrative enforcement
processes is not paid by the stated deadline, the Township shall seek
and be entitled to judgment in civil proceedings for the higher prescribed
fine, all court and notice costs and all attorneys' fees incurred
in the proceedings.
F.
In the event the fine prescribed in the civil enforcement notice
is not paid by the deadline therein established, the officer shall
commence a civil proceeding to enforce such ordinance in the court
having appropriate jurisdiction by filing a civil complaint and advancing
payment of the court costs required by such court. Such advancements
for court costs shall be withdrawn from a dedicated account created
by the Board of Supervisors for that purpose, and all sums later received
as reimbursement therefor shall be deposited into said account.
G.
In all civil enforcement proceedings commenced by and on behalf of
the Township, the Township shall seek in the complaint and all proceedings
thereon the fine for violation prescribed herein or in other applicable
ordinances by virtue of the violation and the failure to pay any lesser
fine promptly, plus all court costs and attorneys' fees incurred by
the Township in all proceedings upon the violation and enforcement
action. Such complaint(s) shall name as the party defendant all persons
or entities determined to have committed a violation, and shall seek
judgment against multiple defendants, as applicable, both jointly
and severally. Where the ordinance alleged to have been violated provides
for continuing violations and fines to be assessed therefor, the Township
in such civil enforcement proceeding shall seek judgment for said
continuing violations and fines therefor.
H.
If the party(ies) defendant indicate an intention to be represented
in such action by legal counsel or the officer otherwise believes
that the best interest of Harborcreek Township are served by representation
of the Township in the proceeding by legal counsel, the officer shall
consult with the Township Solicitor. The Township Solicitor shall
be responsible for assigning counsel in the matter, such attorney
to be the Solicitor or such other counsel as the Board of Supervisors
may approve.
I.
Any person who violates or permits a violation of a Township ordinance shall, upon being found liable therefor in such civil enforcement proceeding, pay the fine prescribed by the Board of Supervisors, plus all court costs, including reasonable attorneys' fees, incurred by the Township in such proceeding. Provision for establishment of reasonable attorneys' fees in such matters has been made through Chapter 294, Municipal Claims and Liens, as may in the future be amended. Fees as established pursuant to such chapter shall be prima facie evidence of reasonable fees, and shall be due as to all proceedings upon enforcement, including appeals taken by defendants.
All fines, costs and fees due as a consequence of violation
of a Township ordinance shall be paid over to Harborcreek Township
and, except for reimbursement of advanced court costs from dedicated
funds, shall be deposited into the general fund.
The Board of Supervisors hereby prescribes the following as
fines for violation of Harborcreek Township ordinances, the same,
respectively, being those to be fixed by the Code Enforcement Officer
for purposes of administrative enforcement and those established for
failure to pay a lesser fine by the deadline set for administrative
enforcement:
|
Ord. No.
|
Pop. Name
|
Viol. Sec.
|
Cond. Sec.
|
Admin. Fine
|
Civil Fine
|
|---|---|---|---|---|---|
|
79-79
|
Harborcreek Township Parks
|
§ 313-6
|
$200
|
$300
| |
|
64-34[1]
|
Earned Inc. Tax
|
6, 10
|
2, 3, 4
|
$300
|
$500
|
|
82-93, amended 82-93-1; 82-93-2[2]
|
Amusement Device Tax
|
8
|
3, 4, 6, 7
|
$200
|
$300
|
|
85-115[3]
|
Occupation Privilege Tax
|
13
|
6, 8, 9, 11, 12
|
$300
|
$500
|
|
54-1[4]
|
Anti-Dumping Ordinance
|
9
|
2, 3, 7, 8
|
$50
|
$100
|
|
84-97[5]
|
Garbage Disposal Regulation
|
5, 16
|
4, 6, 8, 9, 10, 11, 12, 13
|
$200
|
$300
|
|
64-33[6]
|
Junkyard Refuse Ordinance
|
13
|
3, 4, 7, 8, 10, 11, 12
|
$50
|
$100
|
|
56-7[7], amended 75-68
|
Firearms Control
|
8
|
2
|
$200
|
$300
|
|
56-5
|
Nuisance
|
§ 300-4
|
$50
|
$100
| |
|
69-46[8]
|
Abandoned Vehicles
|
4
|
3
|
$10
|
$25
|
|
66-39
|
Snow and Ice Cleaning
|
§ 400-7
|
$10
|
$10
| |
|
81-86
|
Animal Control
|
§ 129-7
|
$200
|
$300
| |
|
66-40[9]
|
Dogs at Large
|
2, 6
|
1, 5
|
$200
|
$300
|
|
78-76[10]
|
Industrial Waste Ordinance
|
4
|
2
|
$50
|
$100
|
|
85-109[11]
|
Building Code
|
6, 7
|
1, 2, 3
|
$200
|
$300
|
|
84-102[12]
|
Zoning Ordinance
|
29
|
2-28
|
$300
|
$500
|
|
87-120
|
Dutton Road Weight Restriction
|
§ 440-18
|
1
|
$50
|
$75
|
|
70-51
|
Jordan Road Weight Limit
|
§ 440-18
|
1, 2, 4
|
$200
|
$300
|
|
84-99
|
Street Openings
|
§ 440-24
|
1, 2, 4, 5, 6, 9, 10
|
$200
|
$300
|
|
83-8
|
Winter Weight Limits
|
§ 440-18
|
1
|
$50
|
$75
|
|
84-104
|
Cooper Road Weight Limits
|
§ 440-18
|
1
|
$50
|
$75
|
|
85-112
|
Highmeyer Road Traffic Restriction
|
§ 440-18
|
1
|
$50
|
$75
|
|
88-124[13]
|
Landlord Reporting
|
8
|
4, 5, 7
|
$300
|
$500
|
|
88-126
|
Depot Road and Bartlett Road
|
§ 440-18
|
1, 2
|
$50
|
$75
|
|
88-126-1
|
Bridge Weight Restriction
|
§ 440-18
| |||
|
72-58, amended 72-58-3[14]
|
Fire Prevention Code
|
10
|
4, 5, 6
|
$200
|
$300
|
|
90-140[15]
|
Recycling
|
X
|
IV, V, VI, VIII, IX
|
$200
|
$300
|
|
90-141
|
Mandatory Water Line Connection
|
§ 458-13
|
$200
|
$300
| |
|
92-148
|
Leet Road Weight Restriction
|
§ 440-18
|
1, 2
|
$50
|
$75
|
|
93-152[16]
|
Stormwater Management
|
903
|
301, 302, 303, 401, 403, 404, 406, 501-505, 801, 804
|
$300
|
$500
|
|
94-157[17]
|
No Smoking
|
5
|
1
|
$25
|
$50
|
|
74-64[18]
|
Road Permits
|
11
|
2, 3, 4, 5, 6, 7, 9, 10
|
$200
|
$300
|
|
85-109, amended 94-159[19]
|
BOCA
|
6
|
2, 3, 4, 5
|
$200
|
$300
|
|
95-162[20]
|
Garbage Collection and Recycling
|
17
|
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16
|
$300
|
$600
|
|
95-164
|
Loitering and Prowling
|
§ 278-3
|
§ 278-2
|
$200
|
$300
|
As used in § 1-21, the following definitions shall apply. "Administrative fine" shall be that fine for violation to be imposed by Code enforcement personnel and due in administrative enforcement proceedings as established in § 1-19 of this article. "Civil fine" shall be that fine prescribed for violation in the event a civil enforcement proceeding is commenced by the Township under the Township Code and § 1-19 of this article. Reference to "all sections" or "all other sections" shall be deemed to include violation of all standards of conduct or commission of acts or omissions prohibited under the applicable ordinance other than those sections or violations to which specific reference is made.
This article shall not be deemed to amend or modify provisions
of Township ordinances which provided for enforcement remedies remedial
in nature prior to imposition of fines, Code enforcement personnel
to pursue established remedial measures intended to effectuate compliance
in appropriate circumstances otherwise authorized by ordinance.[1]
In accordance with Township ordinances previously enacted, interest
on judgments entered in civil enforcement proceedings for fines, costs
and attorneys' fees shall accrue at the rate of 10% per year from
the date of said judgment until payment thereof is received in full,
unless such judgment is paid in full within 30 days after entry of
the judgment.
All judgments entered in favor of Harborcreek Township in civil
proceedings for enforcement of Township ordinances shall, to the extent
permitted by law, constitute municipal claims and liens upon the real
property subject to a violation and the owner(s) thereof, and shall
be collected in accordance with general municipal law governing collection
of municipal claims and/or applicable rules of civil procedure. All
attorneys' fees incurred by Harborcreek Township in such collection
proceedings shall as established pursuant to applicable ordinances
be added to the judgment and collected in said proceedings in accordance
with applicable law.
This article is not intended and shall not be interpreted or
construed to amend or modify those Harborcreek Township ordinances
which are enforced and administered under and subject to Pennsylvania
law, these including all designated criminal offenses under the Pennsylvania
Crimes Code, violations subject to the Pennsylvania Vehicle Code,
violations of the Sewage Facilities Act[1] and of other state laws and regulations which are enforced
under such laws and not under the Township Code, except to the extent
expressly stated in this article.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq., 75
Pa.C.S.A. § 101 et seq., and 35 P.S. § 750.1 et
seq., respectively.
If any section, subsection, sentence, clause, phrase or portion
this article or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this article or its application, for such
portion shall be deemed separate, distinct and independent provision
from the remaining provisions which shall be and remain in full force
and effect. It is hereby declare the legislative intent that this
article would have been adopted has such valid or unconstitutional
provision of its application not been included herein.
All ordinances or parts of any ordinances inconsistent herewith
are hereby repealed.
This article shall be effective on and after June 5, 1996.
