"A. Any person who shall violate any provision of this code,
or fail to comply therewith, or with any of the requirements thereof,
shall be prosecuted and shall, upon conviction in a Summary Proceeding
before a Magisterial District Judge be sentenced to pay a fine of
not less than $100 and not more than $1,000 per violation, plus costs
of prosecution.
| |
B. In addition to the enforcement of this code by a summary
proceeding as identified previously, if an action is brought at law
or in equity as identified in Section 106.5 of this code, then any
person who has violated or permitted the violations of the provisions
of this code, upon being found liable therefor in a civil action commenced
by Coatesville City, shall pay a judgment of not less than $1,000
per violation, plus costs and attorney's fees incurred by Coatesville
City.
| |
C. Each day any violation exists and continues shall constitute
a separate offense.
| |
D. If any summary proceeding or civil action brought pursuant
to this code results in a final determination without any appeal pending
and if the violation still exists, then the City of Coatesville, through
its duly authorized agent, shall be and is hereby empowered to correct
the violation by repair or otherwise.
| |
E. All costs, expenses and attorney's fees incurred or expended by the City of Coatesville for any repair, etc., relative to a violation as is permitted in Subsection D above, together with an administrative charge of 10%, may be charged as a municipal claim or lien against the property at issue and with the rights to collect legal fees, costs and interest thereon in accordance with the City Codes and Pennsylvania Law.
| |
F. In addition to the procedures provided under Section 109.2
governing temporary safeguards and elsewhere in this code, if the
code official determines that a property requires immediate protective
measures/repairs in order to protect the public (such as boarding-up
the property or mowing the lawn and removing or trimming overgrown
bushes and shrubs), then, when it has been determined that a property
owner is either not available to immediately effectuate the necessary
protective measures/repairs or the property owner refuses to do so
immediately, the code official shall be authorized to direct that
the needed protective measures/repairs be undertaken by public employees
or private contractors and the property owner shall be responsible
for the costs incurred with respect to such protective measures/repairs
and shall be required to pay the costs of same within 30 days, and
in failing to do so, the property shall be made subject to a municipal
lien to cover the costs incurred for the protection of the public
safety and to correct the violations at issue together with an administrative
charge of 10% and other costs and fees permitted under the Municipal
Lien Law.
| |
G. With respect to violations of Section 302.4, Exterior Property
Areas, Weeds, or Section 302.14, Snow and Ice, the following alternative
citation process is available at the discretion of the code official
as follows:
| |
Alternative citation process.
| |
(1) Any person violating the provisions of Section 302.4 or
302.14 shall, at the discretion of the City, be subject to a fine
of $25 to be paid within 10 days.
| |
(2) Any person violating the provisions of Section 302.4 or
302.14 shall, at the discretion of the City, be subject to a fine
of $50 to be paid after 10 days but within 20 days.
| |
(3) Any violation of the provisions of Section 302.4 or 302.14
shall, at the discretion of the City, be subject to a fine of $75
to be paid after 20 days, but before citation.
| |
(4) Failure to respond by the payment of the fines as aforesaid
shall, after 28 days, result in the issuance of a citation to the
defendant. Thereafter, the prosecution shall proceed in accordance
with the Pennsylvania Rules of Criminal Procedure, and upon conviction
for the offense, the defendant shall be ordered to pay the maximum
fine prescribed by law, together with the costs of prosecution, and/or
to be incarcerated in the county prison for not more than five days."
|
107.1 Notice to person responsible. Whenever the
code official determines that there has been a violation of this code
or has grounds to believe that a violation has occurred, notice shall
be given in the manner prescribed in Section 107.2 and 107.3 to the
property owner for the violation as specified in this code. Notices
for condemnation procedures shall also comply with Section 108.3.
|
111.1. Application for appeal. Any person directly
affected by a decision of the code official or notice or order issued
under this code shall have the right to appeal to the Board of Appeals
for a review of the decision in accordance with the procedures prescribed
by the Board of Appeals, provided that a written application for appeal
is filed within 10 days after the day of the decision, notice or order
was served. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted hereunder
have been incorrectly interpreted, the provisions of this code do
not fully apply, or the requirements of this code are adequately satisfied
by other means.
|
111.1.1 Appeal fee. A fee of $50, payable in advance,
shall be paid for each appeal taken to the Board of Appeals from a
decision of the code official to defray some of the costs associated
with the mailing of notices, convening the Board and hearing the appeal.
|
Hazardous Waste. Any solid waste or combination
of solid wastes or liquid or gaseous wastes, which, because of the
quantity involved, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population, pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed; or which is otherwise
defined as hazardous by any federal or state statute or regulation.
|
Amend the following definition of Rubbish as follows:
|
Rubbish. Add to the existing definition of "Rubbish"
the following additional words as an insert before the final words
"and other similar materials": "municipal waste and trash," Additionally,
amend the existing definition by adding the following sentence: "Rubbish
shall also include car parts, machinery and equipment, and parts of
machinery or equipment not in lawful use or operation unless such
car parts, machinery, equipment, etc., is stored and screened from
the view by the public."
|
Trash. All combustible and noncombustible waste
materials except garbage, including the residue from the burning of
wood, coal, coke and other combustible material, paper, rags, cartons,
boxes, wood excelsior, leather, grass clippings, leaves, shrubs, branches,
yard trimmings, Christmas trees, tin cans, metals, mineral matter,
glass, crockery, construction fill and debris, dust and similar materials.
|
A. It shall be the duty of the owner of all property to remove
at his, her, their or its expense snow or ice from the sidewalks abutting
said property so as to maintain a cleared space of not less than 2/3
of the width of the sidewalk within a period of 24 hours after the
cessation of any snowfall. Where snow and ice are removed from sidewalks,
private drives, parking lots and individual on-street parking areas,
snow and ice may be placed or piled on the curbside or the parking
areas within eight feet of the curb. Snow and ice from sidewalks,
private drives, parking lots and individual on-street parking areas
shall not be placed or piled in the travel lanes of the public streets
or alleys.
|
302.8 Motor vehicles. Except as provided in other
regulations, no currently inoperative, unlicensed, unregistered or
uninspected motor vehicle shall be parked, kept or stored on any premises,
and no vehicle shall at any time be in the state of major disassembly,
disrepair or in the process of being striped or dismantled. Painting
of vehicles is prohibited unless conducted inside an approved spray
booth.
|
Section 304.3 Premises identification. Buildings
shall have approved address numbers placed in a position to be plainly
legible and visible from the street, alley or road in front of the
property and in the rear of each property. These numbers shall contrast
with their background. Address numbers shall be in Arabic numbers
or alphabet letters. Numbers and letters shall be a minimum of four
inches (102 mm) high with a minimum stroke width of 0.5 inches (12.7
mm).
|