[Ord. 863, 4/2/2021]
This Ordinance shall be known and may be cited as the "Quality of Life Ticketing Ordinance".
[Ord. 863, 4/2/2021]
The purpose of this Ordinance is to provide, at the option of the Code Enforcement Officer of the Borough, a mechanism for issuance of a ticket prior to issuance of a non-traffic citation or notice of violation pursuant to the terms of a Covered Ordinance, to permit a Violator the choice of abating and correcting the violation and paying the ticket amount prior to the issuance of a non-traffic citation or notice of violation and the ensuing ordinance enforcement process which involves additional costs to the Borough and the Violator.
[Ord. 863, 4/2/2021]
BOROUGH
Borough of Nazareth, Northampton County, Pennsylvania.
BOROUGH MUNICIPAL BUILDING
The building containing the Borough's business offices located at 134 South Main Street, Nazareth, PA 18064 or other Borough business office address designated by the Borough on the violation ticket.
CODE ENFORCEMENT OFFICER
Police Officers or Code Enforcement Officers authorized by Resolution of Borough Council to uphold and enforce ordinances of the Borough.
COVERED ORDINANCE
Each Chapter of the Code of the Borough of Nazareth referenced in § 5-304, Subsection 2. Each Chapter is an ordinance of the Borough.
PERSON
Any individual, corporation, partnership, or any other entity recognized by law.
REVIEW MEETING
The review meeting conducted by the Borough Council Law Committee pursuant to § 5-307 of this Ordinance.
VIOLATOR
Any person in violation of a Covered Ordinance.
[Ord. 863, 4/2/2021]
1. 
The provisions of this Ordinance may be exercised by any Code Enforcement Officer.
2. 
The following existing chapters and sections of the Code of the Borough of Nazareth are each hereby deemed and ordained to be a Covered Ordinance that are under the jurisdiction of this process at the discretion of any Code Enforcement Officer:
Covered Ordinances
QOL #
Description
Borough Code of Ordinance
001
Animal Defecation Control
Chapter 2: Part 1, Part 2
002
Property Maintenance
Chapter 5: Part 2; IPMC
003
Signs in public right-of-way
Chapter 6: Part 3, § 6-302
004
Health and Safety
Chapter 10
005
Refuse and Recyclables
Chapter 20
006
Sidewalks
Chapter 21: Part 2, Part 3
3. 
A determination by a Code Enforcement Officer that a violation of a Covered Ordinance exists is cause for a violation ticket to be issued to the Violator under this Ordinance.
4. 
A violation ticket shall be addressed to the name of the Violator and shall be served upon the Violator in the following manner:
A. 
By handing the violation ticket to the Violator;
B. 
By handing the violation ticket to an adult resident of the subject property;
C. 
By leaving or affixing the violation ticket to the property where the violation exists; or
D. 
By mailing the violation ticket to the Violator's address of record by first class mail with a certificate of mailing.
[Ord. 863, 4/2/2021]
A Violator that is served a violation ticket under this Ordinance shall have 10 calendar days within which time to abate and correct the violation specified by the ticket and pay the amount of the ticket to the Borough. In the event the Violator fails to abate and correct the specified violation and pay the ticket within the 10 calendar day period, such failure may result in the issuance of a non-traffic citation or notice of violation under the applicable Covered Ordinance for the violation enumerated on the violation ticket and any other code violations that may be identified by the Code Enforcement Officer. In the event a Violator chooses to abate and correct the violation and pay the ticket amount within the required 10 calendar days, the violation is timely resolved and the Violator will not be subject to the issuance of a non-traffic citation or notice of violation.
[Ord. 863, 4/2/2021]
1. 
For the first offense of a violation of a Covered Ordinance within a twelve-month period, the violation ticket shall be issued in the amount of $25.
2. 
For the second offense of a violation of a Covered Ordinance within a twelve-month period, the violation ticket shall be issued in the amount of $50.
3. 
For the third offense of a violation of a Covered Ordinance within a twelve-month period, the violation ticket shall be issued in the amount of $100.
4. 
For the fourth offense and all subsequent offenses of the violation of a Covered Ordinance within a twelve-month period, the violation ticket shall be issued in the amount of $300.
5. 
Non-payment of a violation ticket may result in a non-traffic citation or notice of violation being issued with the fine amount at the maximum fine amount per day pursuant to the applicable Covered Ordinance.
[Ord. 863, 4/2/2021]
If the Violator named in the violation ticket (1) pays the fine amount indicated on the ticket and (2) submits a written request for a ticket review with the Borough, both within 10 calendar days of the ticket date, the Violator shall be entitled to a review of the circumstances of the issuance of the ticket with the Borough Council’s Law Committee. A form for submitting a written request shall be available on the Borough website and at the Borough Administrative Office.
The review meeting shall take place at a Borough Law Committee meeting, the Borough Administrative Office, the location of the violation, or telephonically at the sole discretion of the Chairperson of the Borough Law Committee. The review meeting is an opportunity for the Violator requesting the review meeting to be heard by the Borough and present evidence to support their claim that the ticket should be rescinded or more time given to the Violator to abate and correct the violation. The length of the review meeting, types of evidence accepted, and number of persons permitted to attend the review meeting shall be at the sole discretion of the Borough.
The Borough Law Committee has the authority to (a) rescind the violation ticket and direct the Borough refund the ticket amount or (b) provide the Violator additional time to abate and correct the violation set forth in the ticket. Written notice of the Committee’s decision shall be provided in accordance with § 5-304, Subsection 4, of this Ordinance. In the event the Violator fails to abate and correct the violation within the additional period of time provided, if applicable, a Code Enforcement Officer may issue a non-traffic citation or notice of violation under the applicable Covered Ordinance for the violation enumerated on the violation ticket and any other violations that may be identified.
[Ord. 863, 4/2/2021]
If any provision, paragraph, word, section or subsection of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsection shall not be affected and shall remain in full force and effect.
[Ord. 863, 4/2/2021]
It is the intention of Council of the Borough of Nazareth that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the Borough of Nazareth; and that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", “chapter", “part” or such other appropriate word or phrase in order to accomplish such intentions.