[HISTORY: Adopted by the City Council of the City of Lancaster 3-25-2008 by Ord. No. 2-2008; amended in its entirety 11-28-2017 by Ord. No. 16-2017. Amendments noted where applicable.]
Fire prevention — See Ch. 142.
Housing — See Ch. 169.
Property maintenance — See Ch. 223.
Solid waste — See Ch. 258.
Streets and sidewalks — See Ch. 262.
Editor's Note: Section 2 of this ordinance stated: “The adoption of this ordinance shall not affect the issuance of any violation tickets made prior to the effective date hereof; it being the intent of City Council that the existing version of Ch. 293 of the Code of the City of Lancaster remain in full force and affect for any such violation tickets.”
The purpose of this chapter is to protect the health, safety, and welfare of residents, property owners, workers, and visitors in the City of Lancaster by providing a mechanism for the enforcement of property maintenance regulations and for the abatement of property violations.
The City of Lancaster is empowered to adopt and enforce local ordinances, by authority of the Act of November 24, 2015, P.L. 242, No. 67, the Third Class City Code, pursuant to which the City may enact ordinances and impose fines and penalties for the violation of the ordinances.
Editor's Note: See 53 P.S. § 35101 et seq.
The City of Lancaster is further empowered to adopt and enforce local ordinances, under and pursuant to the Optional Third Class City Charter Law, 53 P.S. §§ 41101 to 41625.
All ordinances or resolutions or parts of ordinances or resolutions insofar as they are inconsistent herewith are hereby repealed and rescinded.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses or parts of this chapter; it being the intent of the City of Lancaster that the remainder of the chapter shall be and shall remain in full force and effect.
The Director of Public Works is hereby authorized to promulgate rules and regulations to implement and supplement the provisions of this chapter. The Director of Public Works shall make the City of Lancaster Rules and Regulations for Property Violation Notices available for inspection during regular business hours.
As used in this chapter, the following terms shall have the meanings indicated:
- The Code of the City of Lancaster.
- FEE SCHEDULE
- Property Violation Ticket and Abatement Fee Schedule.
- NOTICE OF VIOLATION
- Written notice of a violation of a provision this chapter mailed, pursuant to first-class mail, to the last known address of the owner of the property in question.
- RULES AND REGULATIONS
- The City of Lancaster Rules and Regulations for Property Violation Notices.
A violation of the subject sections of the above Code chapters may be cause for a violation ticket, notice of violation or citation, in addition to any other remedy or fine that the City may be entitled to under its ordinances or other applicable law.
Upon finding a violation of any of the above Code sections, any City Code Enforcement Officer, Solid Waste Education and Enforcement Program (SWEEP) officer appointed by the Director of Public Works or any other public officer authorized to enforce the ordinances of the City of Lancaster may issue violation tickets to the owner of the property at issue known to have violated the Code section.
Violation tickets shall be issued in the amount of $25 and shall be served by mail.
Any person who receives a violation ticket for a violation of this chapter may, within 30 days, admit the violation, waive a hearing and pay the fine in full satisfaction of $25, as indicated on the violation ticket.
Any person or property owner receiving a violation ticket or notice of violation under and pursuant to the provisions of this chapter shall have 15 business days following receipt of said ticket or notice to file a written appeal of the same to the Director of the Department of Public Works in accordance with the Rules and Regulations.
If the person in receipt of a violation ticket in the amount of $25 does not pay the fine or file an appeal in accordance with § 293-9, within 30 days shall be subject to the penalties set forth in this section, including the imposition of a late fee in the amount of $10.
The City may direct the property owner to abate the violation noticed on the violation ticket or notice of violation. If the property owner does not comply as directed, the City reserves the right to take all necessary and immediate action to abate the violation at the property owner's expense.
If the City corrected the violation set forth in the notice of violation, the cost thereof may be charged to the owner of the property. The cost shall be as set forth in the Rules and Regulations in order that the City shall be compensated for both direct and indirect costs and expenses incurred.
Where the City abates the violation, in addition to the fine set forth in the violation ticket, the City is authorized to recover from the owner of the property the abatement charges set forth below and such other charges established by the Director of Public Works in the rules and regulations.
Where the City has abated the violation and the charged party fails to pay the abatement costs set forth in the ticket or notice, the City may include such costs in its collection of all unpaid fees, fines and costs.
A separate offense under this chapter shall occur for each and every day such violation continues and shall be subject to the penalty imposed by this section.
The City may take any and all action available at law and in equity to recover all fines, fees and costs set forth herein, in accordance with applicable law.
All payments shall be due the City within 30 days of invoice. Payments more than 30 days late may be turned over to a collection agency. All persons whose accounts are turned over to a collection agency shall also be responsible to pay a collection fee for each account submitted for collection and all other legal fees and costs of collection.