[Ord. No. 4-2023, 8/10/2023]
This Part shall be known and may be cited as the "Quality of
Life Ticketing Ordinance of the Township of Hopewell."
[Ord. No. 4-2023, 8/10/2023]
1.
OWNER
PERSON
TOWNSHIP
VIOLATOR
As used in this Part, the following terms shall have the meanings
indicated:
Any individual person, agent, firm, association, partnership,
corporation or entity having a legal or equitable interest in real
property and/or holding title to said property as evidenced by records
of the Commonwealth or Pennsylvania, County of York or Township of
Hopewell.
An individual, corporation, partnership or any other group
acting as a unit.
The Township of Hopewell, York County, Pennsylvania.
Any owner who receives a notice of violation.
[Ord. No. 4-2023, 8/10/2023]
1.
The provisions of any chapter of the Hopewell Township Code of Ordinances listed in Subsection 2 below may be enforced by police officers, code enforcement officers and assistant code enforcement officers, zoning officers and assistant zoning officers, the Township Manager and any other person so authorized by resolution of the Board of Supervisors.
2.
The following chapters of the Hopewell Township Code of Ordinances
are hereby deemed and ordained to be under the jurisdiction of this
enforcement process, and the enforcement procedures under this Part
shall supersede any enforcement provision set forth in the following
chapters:
3.
A violation of any provision of any section as enumerated in the
above-referenced chapters may be cause for a violation ticket to be
issued to the violator.
A.
Any notice of violation shall:
B.
A notice of violation ticket shall be served upon the violator in
one of the following manners:
(1)
By handing the notice of violation ticket to the violator.
(2)
By handing the notice of violation ticket to an adult resident
of the subject residential property, or to the owner, tenant, or employee
or agent of the owner or tenant of the subject nonresidential or multifamily
residential property.
(3)
By leaving or affixing the notice of violation ticket to the
property where the violation exists.
(4)
By mailing the notice of violation ticket to the violator's
address of record by first-class mail with a certificate of mailing.
4.
Each day after the 10th day of the issuance of the violation ticket
that a violation continues or is permitted to continue constitutes
a separate offense for which a separate fine may be imposed.
5.
If the Township causes a violation to be corrected, the cost thereof
shall be charged to the owner of the property and enforced through
the imposition of a municipal lien or any civil action available to
the municipality. Nothing in this Part shall require the use of the
procedures herein prior to taking other enforcement action as allowed
by any ordinance, statute, regulation or law. Nothing in this Part
shall reduce or limit the penalties that may be imposed for violation
of any ordinance, statute, regulation or law, or the methods or means
for enforcing any ordinance, statute, regulation or law.
6.
In the event that the enforcement proceedings herein are determined
to be invalid, unenforceable or unconstitutional, then the enforcement
provisions of the chapters referenced herein shall control.
[Ord. No. 4-2023, 8/10/2023]
Any violator in receipt of a notice of violation ticket shall
have 10 calendar days from the date set forth on the notice of violation
to pay the amount on the notice of violation ticket. Payment must
be received by the Township by the 10th day. Date of mailing shall
not constitute the date of receipt by the Township. If the notice
of violation ticket is not paid within the 10 days, such failure shall
result in the issuance of a citation for the offense as enumerated
on the notice of violation ticket.
[Ord. No. 4-2023, 8/10/2023]
1.
For the first offense dealt with under this Part within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $50.
2.
For the second offense dealt with under this Part within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $75.
3.
For the third offense dealt with under this Part within a twelve-month
period, the notice of violation ticket shall be issued in the amount
of $100.
4.
For the fourth and any additional offense dealt with under this Part
within a twelve-month period, the notice of violation ticket shall
be issued in the amount of $300.
[Ord. No. 4-2023, 8/10/2023]
The provisions of this Part are severable, and if any section,
sentence, clause or part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect the remaining sections,
clauses, parts or provisions of this Part. It is hereby declared to
be the intent of Hopewell Township that such Part would have been
enacted if such illegal, invalid or unconstitutional section, sentence,
clause, part or provision had not been included herein.
[Ord. No. 4-2023, 8/10/2023]
1.
Nothing contained in this Part shall be construed to affect any suit
or proceeding in any court, or any rights acquired or liability incurred,
or any cause or action existing prior to the enactment of this Part.
2.
The penalties imposed by this Part shall be in addition to the penalties imposed for the violation of the ordinances set forth in § 3-103, Subsection 2, hereof, and nothing in this Part shall require the use of the procedures herein prior to taking other enforcement action as allowed by any ordinance, statute, regulation or law. Nothing in this Part shall reduce or limit the penalties that may be imposed for violation of any ordinance, statute, regulation or law, or the methods or means for enforcing any ordinance, statute, regulation or law, including without limitation the enforcement of any ordinance by summary offense in the Magisterial District Court.
