[Adopted 12-2-1975 by Ord. No. 254 (Part 1, Ch. 1, Sec. 1-1008, of the 1975 Code of Ordinances); amended 7-12-1988 by Ord. No. 88-6]
A. 
Whenever in this Code or in any ordinance of the Borough any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, or where the law does not prescribe a different penalty, the violator of any such provision of this Code or any ordinance shall, upon conviction thereof, for every such violation, be sentenced to pay a fine of not more than the maximum authorized by applicable statutes and/or shall be sentenced to imprisonment for a period not exceeding the maximum now or hereafter authorized by law. (See the Borough Code Sections 3306, 3307 and 3308.[1]) The fines, penalties and imprisonment authorized hereby are for each violation, and each day that a violation continues shall constitute a separate violation for which a separate maximum fine, penalty and/or imprisonment may be imposed.
[1]
Editor's Note: See 53 P.S. §§ 48306, 48307 and 48308; see now 8 Pa.C.S.A. §§ 3322, 3323 and 3321.
B. 
Assessment of court costs and attorney's fees.
[Added 9-17-2013 by Ord. No. 2013-6]
(1) 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney’s fees incurred by the Borough in the enforcement proceedings.
(2) 
Nothing contained in this subsection shall in any way modify the municipal claims and liens procedures employed under Borough ordinances pursuant to the Municipal Claims and Tax Liens Act[2] or those employed for enforcement actions relating to zoning and subdivision and land development violations pursuant to the Municipalities Planning Code,[3] including the collection of attorney's fees as set forth in those ordinances and their enabling acts.[4]
[2]
Editor's Note: See 53 P.S. § 7101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See also Ch. 181, Subdivision and Land Development, and Ch. 220, Zoning.
(3) 
It shall be presumed that the attorney's fee hourly rate is reasonable as long as it is equal to the hourly or other rate that the Borough pays its Municipal Solicitor. Additional charges may be reasonable depending on the complexity and difficulty of the matter, and thus, the presumption of reasonableness at the approved current rate for the Borough Solicitor for litigation relating to enforcement shall be a floor and not a ceiling on said rates.
(4) 
The Municipal Solicitor's rate shall be the rate that is then in effect for the Borough and, if different, as concerns municipal litigation and shall automatically correspond in the future to whatever rate is approved by the Borough.
(5) 
In order to protect the law-abiding taxpayers of the Borough from the burden of expenses caused by persons violating Borough ordinances, this subsection requires a mandatory payment of court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings, where a person is found guilty of or liable for violating a Borough ordinance.