[Adopted 10-8-1991 by Ord. No. 873 as Ch. 5 of the 1991 Code;
amended in its entirety 12-14-2022 by Ord. No. 1041]
A.
Any
person who violates or permits a violation of an ordinance regulating
building, housing, property maintenance, health, fire, public safety,
parking, solicitation, curfew, water, air or noise pollution, or other
ordinances shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $300 and not more than $1,000 or maximum
allowable by law by the Commonwealth of Pennsylvania, whichever of
the greater, plus all court costs and reasonable attorneys' fees,
remediation costs, damages, and other costs incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough lockup for a period
not exceeding 10 days or to the county jail for a period not exceeding
30 days.
B.
Any
person who violates or permits a violation of an ordinance not covered
by the above classifications shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough before
a Magisterial District Judge, pay a fine of not less than $300 and
not more than $600 or maximum allowable by law by the Commonwealth
of Pennsylvania, whichever of the greater, plus all court costs, including
reasonable attorneys' fees remediation costs, damages, and other
costs, incurred by the Borough in the enforcement of the ordinance.
No judgment shall be imposed until the date of the determination of
the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
C.
Each
day or portion thereof that such violation(s) exists, continues or
is permitted to continue shall constitute a separate offense(s), and
each section of the ordinance that is violated shall also constitute
a separate offense(s). Further, the appropriate officers or agents
of the Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
D.
The
Borough Council authorizes the Borough Manager or Manager's designee
to utilize any and all powers and/or contracted services as allowable
by law, including, but not limited to, third-party agencies to collect
or recuperate any and all costs, judgements, liens, and all other
penalties associated with such violation(s) incurred by the Borough
in the enforcement of the ordinance by any and all means allowable
by law.
E.
If
the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. The Borough shall be exempt from the payment of costs in
an action under this subsection.
F.
The
Borough reserves the right to amend this article, or any portion thereof,
from time to time, by ordinance.
A.
The imposition of a penalty as provided in § 1-4 above, or as specifically provided in any other chapter of this Code or other ordinance of the Borough, shall be in addition to any injunctive or remedial relief which is authorized under the laws of the commonwealth, with the same force and effect as though provided for herein. Such penalty shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
B.
The
Borough may enforce an ordinance in equity in a Court of Common Pleas
of the county where the Borough is situated.
Unless provided otherwise in the laws of the commonwealth, all
fines or penalties collected for violations of provisions of this
Code or of other ordinances of the Borough shall be paid over to the
Borough of Charleroi.
