[Ord. No. 954, 3/2/2020]
The above recitals[1] are incorporated as if more fully set forth herein.
[1]
Editor's Note: "The above recitals" refers to the "Whereas"
clauses in Ord. No. 954. A complete copy of the ordinance is on file
in the Township offices.
[Ord. No. 954, 3/2/2020]
This Part shall be referred to as the "Elizabeth Township Quality
of Life Ticketing Ordinance."
[Ord. No. 954, 3/2/2020]
1.
OWNER
PERSON
VIOLATOR
As used in this Part, the following terms shall have the meanings
indicated:
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county, or municipality as holding title to
the property; or otherwise having control of the property, including
the guardian of estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
See "owner."
[Ord. No. 954, 3/2/2020]
1.
The provisions of any chapter, Part, or section so enumerated below
shall be enforced by Elizabeth Township police officers and Code Enforcement
Officers who are sworn to uphold and enforce the laws of the municipality.
The ability of Code Enforcement Officers to also enforce certain provisions
of the covered ordinances does not in any way affect the ability of
police officers to enforce the ordinances as currently provided within
each covered ordinance.
2.
The Board of Commissioners may change those sections covered under
this Part from time to time by ordinance; however, at the time of
the adoption of this Part, the following chapters, Parts, and sections
of the Elizabeth Township Code of Ordinances are deemed and ordained
to be under the jurisdiction of this enforcement process:
3.
A violation of any of the above Code and/or ordinance sections may
be cause for a citation, violation ticket and/or a notice of violation
in addition to any other remedy or fine that the Township may be entitled
to under it ordinances or other applicable law.
4.
A violation ticket shall be served upon the violator in one of the
following manners:
A.
By handing the ticket or notice of violation to the violator;
B.
By handing the ticket or notice to an adult resident of the subject
property;
C.
By leaving or affixing the violation ticket or notice to the property
where the violation exists; or
D.
By mailing the violation ticket or notice to the violator's
address of record through certified mail.
5.
Each day after the issuance of a ticket that the violation continues
or is permitted to continue constitutes a separate offense for which
a separate ticket and fine may be imposed.
6.
If the Township has corrected the violation, the cost thereof shall
be charged to the owner of the property through any means available
to the Township, including applicable interest rates for municipal
liens at a rate of 10% pursuant to the Municipal Claims and Tax Liens
Act at 53 P.S. § 7103.
[Ord. No. 954, 3/2/2020]
1.
Each person in receipt of a violation ticket shall pay the fine or
request an appeal within 10 days. Failure of the person to make payment
within 10 days shall make the person subject to a citation for the
fines indicated in the relevant sections of the Code of the Township
of Elizabeth and for any abatement costs incurred by the Township
in accordance with the terms of this chapter.
2.
The Township may, with its violation ticket, direct a person to abate
the violation noticed on such ticket ("notice of violation"), or if
the Township determines that the immediate abatement of the same by
the Township is necessary, the Township may take the necessary action
to abate the violation at the violator's expense.
3.
In the instance that such person does not comply with the notice
of violation, the Township may, itself, take the action set forth
in the notice of violation at the violator's expense.
4.
If the Township corrected the violation set forth in the notice of
violation, the cost thereof may be charged to the owner of the property,
tenant or offending party.
5.
In every instance where the recipient of a violation ticket has requested
an appeal within 10 days as set forth above and has made the payments
for the appeal as set forth by the current adopted fee schedule of
Elizabeth Township, an appeal hearing will be held by the body designated
by the Board of Commissions to handle such appeals. Such body may
uphold the appeal, deny the appeal, or may modify the violation ticket
and/or any associated cost, fines or penalty amounts. In the instance,
following appeal, the recipient of a violation fails to make payment
of the ticket amount owed, the Township may pursue any and all rights
it has to file citations for the original violations and to seek recovery
of all fines set forth in the ordinances and Codes of Elizabeth Township,
notwithstanding any of the lesser amounts set forth in the violation
ticket.
[Ord. No. 954, 3/2/2020]
1.
The Board of Commissioners may change the fines covered under this
Part from time to time by resolution.
A.
Violations of the codes listed in § 504, Enforcement, Subsection
2A through F, shall be subject to the following fines and penalties.
(1)
For the first offense of violation of these chapters, Parts, and
sections within a twelve-month period, a ticket shall be issued in
the amount of $25.
(2)
For the second offense of violation of these chapters, Parts, and
sections within a twelve-month period, a ticket shall be issued in
the amount of $50.
(3)
For the third offense of violation of these chapters, Parts, and
sections within a twelve-month period, a ticket shall be issued in
the amount of $100.
(4)
For the fourth and all subsequent offenses of violation of these
chapters, Parts, and sections within a twelve-month period, a ticket
shall be issued in the amount of $300.
(5)
Any cost of abatement by Elizabeth Township or expenses incurred
by the Township for said abatement shall be included in the cost of
the ticket if such costs are known at the time of issuance.
B.
A violation of the chapter listed in § 504, Enforcement,
Subsection 2G, shall be subject to the following fines and penalties.
(1)
For the first offense of a violation of this chapter within a twelve-month
period, a ticket shall be issued in the amount of $300.
(2)
For the second offense of violation of this chapter within a twelve-month
period, a ticket shall be issued in the amount of $500.
(3)
All subsequent offenses of violation of this chapter within a twelve-month
period shall be subject to a $1,000 fine with the issuance of a nontraffic
citation.
