[HISTORY: Adopted by the Borough Council of the Borough of
Kane 2-10-2016 by Ord. No. A-1029. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Alternative
Dispute Resolution Ordinance of the Borough of Kane, McKean County,
Pennsylvania."
The purpose of this chapter is to gain complete compliance with
the Borough's ordinances and to provide for a mechanism by means
of issuance of tickets rather than citation to permit a citizen who
believes that he or she may have been in violation to pay the ticket
rather than cause the issuance of a citation and a costly and protracted
legal hearing before a Magisterial District Court Judge and unnecessary
appeals. The resolution in this manner is beneficial from a two-fold
perspective in that it permits the Borough to maintain and enforce
its laws and permits a citizen so accused to resolve the dispute in
a manner that does not unduly burden the resident by requiring the
issuance of a citation and a court hearing. It also does not deprive
the citizen the right to dispute the ticket and receive the full benefit
of procedural and substantive due process of law.
A.
The provisions of any chapter so enumerated may be enforced by police
officers, enforcement officers, or any public officer sworn to uphold
and enforce the law of the Borough (hereinafter referred to as "code
enforcement officer").
B.
The Borough Council may, from time to time, change, increase or decrease
those chapters to be covered under this alternative dispute resolution
chapter by resolution passed at a regularly monthly Council meeting.
C.
At the time of the adoption of this chapter, it shall apply to the
following existing Borough ordinances:
D.
Any violation of the provisions of any chapter as enumerated in the
above-stated chapters may be cause for a notice of violation, violation
ticket or citation to be issued to the violator.
A.
The notice of violation shall be in writing, shall identify the property
address and shall include a statement of the violation(s). The notice
of violation shall also specify the maximum time frame to take corrective
action to bring the property into compliance with the relevant chapter(s)
of the Borough Code and any other laws of the Borough of Kane and
the Commonwealth of Pennsylvania. The notice of violation shall also
detail the fine for nonpayment of the ticket within the prescribed
time frame.
B.
The code enforcement officer shall serve the notice of violation
to the violator by one of the following methods:
(1)
By handing the notice of violation to the violator.
(2)
By handing the notice of violation to be served to an adult member
of the household or other person in charge of the residence at the
residence of the person to be served.
(3)
By leaving or affixing the notice or violation ticket to the property
where the violation exists.
(4)
By handing the notice of violation to the violator's agent or
to the person in charge thereof at any office of usual place of business
of the violator.
(5)
By mailing the notice to the violator's address of record First-Class
Mail with a certificate of mailing.
C.
If the violation is not addressed to the satisfaction of the code
enforcement officer within the allotted number of days from the issuance
of the notice of violation, the code enforcement officer shall issue
a violation ticket to the violator consistent with the service of
process described above. The violation ticket shall be in writing
and shall identify the property address, include a statement of the
violation(s), specify the maximum time frame to take corrective action
to bring the property into compliance with the relevant chapter(s)
of the Borough Code and other state and local codes, and detail the
fine for the nonpayment of the ticket within the prescribed time frame.
A person in receipt of a violation ticket shall have 10 days
within which to pay the amount stated on the ticket. In the event
the ticket is not paid within 10 days, such failure to pay may result
in the issuance of a criminal citation for the offense with the local
Magisterial District Court Judge.
A.
For the first offense of the violation of a chapter within a twelve-month
period, the ticket shall be issued in the amount of $35.
B.
For the second offense of the violation of the same chapter of the
Borough Code within a twelve-month period, the ticket shall be issued
in the amount of $50.
C.
For the third offense of the violation of the same chapter of the
Borough Code within a twelve-month period, the ticket shall be issued
in the amount of $100.
D.
For the fourth offense and all subsequent offenses of the violation
of the same chapter of the Borough Code within a twelve-month period,
the ticket shall be issued in the amount of $300.
In addition to imposing a fine and costs and/or imprisonment
as enumerated under the section allegedly violated, the Magisterial
District Court Judge may order the violator upon conviction, to make
restitution to any aggrieved person.
