[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 of Nazareth, Northampton County, Pennsylvania.
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.
Police Officers or Code Enforcement Officers authorized by
Resolution of Borough Council to uphold and enforce ordinances of
the Borough.
Any individual, corporation, partnership, or any other entity
recognized by law.
The review meeting conducted by the Borough Council Law Committee pursuant to § 5-307 of this Ordinance.
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:
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.
