[HISTORY: Adopted by the Borough Council of the Borough of
Milford 4-20-2021 by Ord. No. 476. Amendments noted where applicable.]
A.
The Borough is authorized by relevant Pennsylvania law, including
but not limited to the Borough Code, to adopt and enforce regulations
applicable throughout the Borough, and the Borough is likewise authorized
to, upon admission or conviction, levy a fine for violation of said
regulations, and the Borough identified the usage of violation tickets
as an efficient, cost-effective alternative mechanism for such enforcement
in suitable situations.
B.
Consistent herewith, the Borough may communicate a violation of the
Borough's Code of Ordinances via a violation ticket where such
violation could, upon admission or conviction, constitute a summary
offense. Such notice shall be provided by an appropriate Borough officer
as provided herein. A violation ticket is an offer by the Borough
extended to settle a violation by the paying of a fine in lieu of
a citation being issued against the violator.
As used in this chapter, the following terms shall have the
meanings indicated:
Borough police officers, Zoning Code Officials, Building
Code Officials, parking officers, or other persons so deputized or
directed by Borough Council to enforce its laws and ordinances.
A Borough instrument created pursuant to this chapter notifying
a person of a violation of the Borough Code of Ordinances, as amended,
and associated fines.
A.
Upon inspection and a determination that a provision of the Milford
Borough Code of Ordinances (hereinafter "Borough Code") has been violated,
a duly empowered Milford Borough Code Enforcement Officer, Borough
police officer, Zoning Code Official, Building Code Official, or other
person deputized or directed by the Borough Council to enforce provisions
of the Borough Code (hereinafter collectively referred to as the "Code
Enforcement Officer" or "Borough Code Enforcement Officer") may notify
the responsible party or parties of the violation, in writing, in
the form of a notice of violation, a nontraffic citation or a violation
ticket.
B.
Violation ticket contents. Whenever the Code Enforcement Officer
determines that there exists a violation of any provision of the Borough
Code, the Code Enforcement Officer may issue a violation ticket which
shall:
(1)
Be in writing;
(2)
Include a brief description of the time, date and location of the
violation;
(3)
Reference the particular section(s) of the Milford Borough Code;
(4)
Set forth an amount of money that can be paid within a ten-day period
of time that, along with satisfactory remediation of the violation
in the manner set forth on the ticket by the Code Enforcement Officer,
will excuse the violator from being served with a citation; and
(5)
Include a statement regarding the right to forgo paying the ticket
and pleading guilty and instead challenge the citation before the
Magisterial District Judge having jurisdiction over the matter.
C.
Service of violation ticket.
(1)
A violation ticket shall be served upon the owner, occupant or responsible
party in the following manner:
(a)
By handing it to the person to be served; or
(b)
By handing it, at the residence of a person to be served, to
an adult member of the family with which the person resides, or to
an adult person in charge of such residence at the time of service;
or
(c)
By handing it to the person, his agent, or the person in charge
at the time of service at any office or usual place of business of
the person to be served; or
(d)
By mailing the violation ticket to the last known address of
the person or entity to be served by certified mail, return receipt
requested, and if returned as unclaimed, to be sent first-class mail;
or
(e)
Such other method as authorized by relevant Pennsylvania law
or provision of the Borough Code.
(2)
If any person to whom the violation ticket is issued cannot be served
in the above manner, the Code Enforcement Officer shall briefly note
the appropriate facts in the file and shall make service upon such
person by posting the violation ticket in a conspicuous place on the
relevant premises.
(3)
For purposes of this section, a person "cannot be served" when the person to be served has no residence or office or usual place of business within the Borough and the mailed violation ticket is returned undelivered; or when the violation ticket cannot be served under Subsection C(1)(a), (b), or (c) hereof after two trips on two separate days to the residence or office or usual place of business of the person to be served and if the mailed violation ticket is returned undelivered.
(4)
Notwithstanding the above service requirements, any violation ticket
relating to a motor vehicle may be made by affixing the violation
ticket to the vehicle under the front windshield wiper or other location
on the vehicle reasonably believed to be conspicuous to a driver.
A.
The ticket fine amount shall be set forth on the ticket and in the
relevant Borough Fee Schedule, to be amended from time to time by
resolution by the Borough Council, in an amount less than the maximum
daily fine provided for in the violated provision of the Borough Code.
B.
The violation ticket must be paid within 10 days of the date appearing
thereon. Violation tickets that remain unpaid after the aforementioned
ten-day period may be converted or followed by the Code Enforcement
Officer with the issuance of a citation where, upon conviction, the
full maximum daily fine provided for in the Borough Code will be imposed
and the right to pay the lesser amount set forth in the violation
ticket will be lost.
This chapter was adopted on the 20th day of April, 2021.
