[HISTORY: Adopted by the Borough Council of the Borough of Westmont 11-12-2024 by Ord. No. 859.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 227 but was renumbered to maintain the organization of the Code.
This chapter shall be known and may be cited as the "Borough of Westmont Quality of Life Ordinance."
A. 
The lack of maintenance of properties, improper care and containment of animals, littering, improper storage of trash and rubbish, and other nuisances are costly problems that contribute to the deterioration of property values and general disorder of the community. Recognizing this problem, the purpose of this section is to promote the health, safety and general welfare of Borough of Westmont by helping to create a clean environment for the citizens and residents while eliminating safety and welfare concerns for citizens, residents, guests, and emergency service personnel.
B. 
Implementing a mechanism for the issuance of a ticket, as an alternative to a citation, permits the Borough to maintain and enforce its laws efficiently and permits a citizen or resident so accused to resolve the dispute in a manner that does not unduly burden the citizen or resident by requiring the issuance of a citation and a court hearing.
This section shall allow for certain actions to be taken against property owners and/or occupants for violations of the following chapters of the Borough of Westmont Code of Ordinances. Additional chapters may be added by Resolution of Borough Council.
A. 
Chapter 82 (Brush, Grass and Weeds);
B. 
Chapter 87 (Bulk Storage Containers);
C. 
Chapter _____ (Property, Vacant and Abandoned);
D. 
Chapter 153 (Property Maintenance);
Upon finding a quality of life violation, the Code Enforcement/Zoning Officer or a person or entity duly appointed by Borough Council may issue quality of life violation tickets and/or citations to the owner and/or occupant of the property or to the individual responsible for the violation.
A. 
The quality of life ticket shall be in writing and shall identify the property address (if applicable), violation(s), specify the maximum time frame to take corrective action, and the applicable fine.
B. 
The Borough of Westmont Zoning/Code Enforcement Officer or the Borough's appointed agent shall serve the quality of life ticket to the violator:
(1) 
By handing the quality of life ticket to the violator;
(2) 
By handing the quality of life ticket to an adult member of the household or other person in charge at the property of the person to be served;
(3) 
By leaving or affixing the quality of life ticket to the property where the violation exists (if applicable);
(4) 
By handing the quality of life ticket to the violator's agent or to the person in charge thereof at any office of usual place of business of the violator; or
(5) 
By mailing the quality of life ticket to the violator's address of record.
A. 
Any person or business violating any of the referenced ordinances shall pay a fine as set forth herein, or as may, from time to time, be set by Resolution of Borough Council, for each offense:
(1) 
The fine for the first quality of life ticket shall be $50.
(2) 
If the violation is not addressed to the satisfaction of the designated officer and the quality of life ticket is not paid within 10 days of issuance of the first violation ticket, the designated officer shall either issue a citation or issue a second quality of life ticket. The fine for the second quality of life ticket and any subsequent ticket for the same violation shall be $100.
(3) 
Failure to respond. If a person fails to make payment and the violation is not addressed to the satisfaction of the Zoning/Code Enforcement Officer in the above described period, they shall be subject to a citation for failure to pay and for the underlying violation.
(4) 
Continuous or egregious violations. If violations are continuous or egregious, the Zoning/Code Enforcement Officer has the right to issue a citation without first issuing a ticket.
(5) 
Citations. The provisions of this chapter shall not apply if the violation is prosecuted through the citation process, in which case the fines and costs shall be determined by the provision of the applicable section of the Code of the Borough of Westmont.
B. 
If the Borough or its appointed agent acts to correct the violation, in the Borough's sole discretion, the cost of such correction, including a service fee to the Borough not to exceed 30% of the cost of correction, shall be charged to the individual or property owner (if applicable) to whom the ticket has been issued. If the costs and fees, as well as any outstanding ticket(s), are not paid to the Borough upon request, then the Borough Solicitor shall institute appropriate action and/or file any applicable municipal lien against the owner of the premises where the violation was abated by the Borough or its appointed agent. However, the Borough is not under any obligation to correct any violation under this section.
The provisions of this chapter shall not supersede or supplant the enforcement, fines or penalty provisions of the Code of the Borough of Westmont generally and in particular, the sections referred to in § 157-3 herein, but rather shall act as an alternative means by which to resolve violations of said Code and sections.
The provisions of this chapter are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid, and unconstitutional by any court of competent jurisdiction, such decision of the court shall not effect impair, or invalidate any of the remaining sections, clauses, sentences, parts or provisions of this chapter.
The provisions of any prior ordinance which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.