[HISTORY: Adopted by the Borough Council of the Borough of
Wilson 5-9-2022 by Ord. No. 807. Amendments noted where applicable.]
It is the stated purpose of this chapter to promote the health,
safety and general welfare of the Borough by helping to create a clean
environment for the citizens of Wilson. Lack of maintenance of properties,
littering, improper storage of trash and rubbish, storage of inoperable/nonregistered
vehicles, vendor operations without permits, and accumulation of snow
and ice are costly problems contributing to the deterioration of property
values and general appearance and safety within this community. These
problems degrade the physical appearance of the Borough, which reduces
business and tax revenue stifling economic development. The quality
of life and community pride of the citizens of Wilson are negatively
impacted by continued existence of these problems if not addressed
with a plan to abate and/or eliminate these concerns.
The following words, terms, and phrases, when used in this chapter,
shall be defined as follows, unless context clearly indicates otherwise:
A litter collection receptacle which is placed on the public
right-of-way or on public property by the Borough for use by the public
to deposit small quantities of hand-held trash, not including household
or commercial waste.
Any material upon the premises that is a residue of structural
demolition, or any other material that is not neatly stored, stacked,
or piled in such a manner so as avoid the creation of a nuisance or
become a harboring place and potential food supply for insects, rodents
and vermin.
Includes, but is not limited to, depositing of litter, durable
goods (refrigerators, washers, dryers, etc.) small appliances, furniture,
carpets, tires, vehicles, vehicle parts and automotive products, and
other such municipal waste, hazardous waste, residual waste and construction
or demolition debris on public or private property, except as authorized
by law.
Animal or vegetable waste resulting from the handling, preparation,
cooking, and/or consumption of food or food products.
Any unauthorized inscription, word, figure, mark, adhesive
label patch or design that is written, marked, etched, scratched,
drawn, painted or engraved on, or otherwise affixed to, any surface
of public or private property, including but not limited to, buildings,
homes, structures, store fronts and the like.
Any waste material or a combination of solid, liquid, semisolid,
or contained gaseous material that because of its quantity, concentration,
physical, chemical, or infectious characteristics may:
Waste which would be chemically or otherwise classified as
a hazardous waste by any governmental agency, but excluding from regulation
as a hazardous waste because it is produced in quantities smaller
than those regulated by the Pennsylvania Department of Environmental
Protection, and because it is generated by persons not otherwise covered
as hazardous waste generators by those regulations. Such HHW materials
meet one of the following four classifications: toxic, flammable,
reactive, or corrosive. HHW consists of numerous products that are
common to the average household such as: pesticides and herbicides,
cleaners, automotive products, oil-based paints, fluorescent light
bulbs, acids and other products meeting DEP list of household hazardous
materials.
A condition which may cause serious or life-threatening injury
or death for any reason as determined by a law officer acting in that
capacity.
Any and all pieces of furniture which are made for only inside
use including, but not limited to, upholstered chairs and sofas, etc.
A motor vehicle which presents a hazard or danger to the public
or is a public nuisance by virtue of its state, condition level of
disrepair or its location.
The following conditions, if present, constitute examples of
a condition of disrepair:
Rusted and/or jagged metal on or protruding from the body of
the vehicle.
Broken glass or windows on or in the vehicle.
Leaking of any fluids from the vehicle or deflated or flat tire(s).
Unsecured and/or unlocked doors, hood, or trunk.
Storage or placement of the vehicle in an unbalanced condition,
on blocks, or jacks or other similar apparatus. (See "motor vehicle
nuisance.")
Harboring of rodents, insects, or other pests;
Any other noxious or offensive material, as determined by a
governmental agency.
The foregoing examples are not inclusive of all conditions which
may constitute a state or condition of disrepair. See also "motor
vehicle nuisance."
All waste material, garbage, trash, i.e., waste paper, tobacco
products, wrappers, food or beverage containers, newspapers, etc.,
municipal waste, human waste, domestic animal waste, furniture or
motor vehicle seats, vehicle parts, automotive products, shopping
carts, construction or demolition material, recyclable material, and
dirt, mud and yard waste that has been abandoned or improperly discarded,
deposited, or disposed of.
Any person residing or working within the County of Northampton
designated to accept service on behalf of a legal owner or operator
of a rental dwelling unit.
Any type of mechanical device, capable or at one time capable
of being propelled by a motor, in which persons or property may be
transported upon public streets or highways, and including trailers
or semitrailers pulled thereby, motorcycles, ATVs, snowmobiles and
mopeds.
A motor vehicle with one or more of the following defects
or conditions:
Broken windshields, mirrors, or other glass, with or without
sharp edges.
Broken headlamps, tail lamps, bumpers, or grills.
Any body parts, truck, firewall, or floorboards with sharp edges
or large holes resulting from rust.
Protruding sharp objects from any part of the vehicle.
Missing doors, windows, hood, trunks, or other body parts that
could permit animal harborage.
One or more open tires or tubes which could permit animal harborage.
Any vehicle suspended by blocks, jacks, or other such materials
in a location which has the potential to pose a danger to the public,
property owners, visitors, or residents of the property on which said
vehicle is found.
Fluids leaking from a vehicle which is determined harmful to
the public or the environment.
Disassembled body or chassis parts stored in on or about the
vehicle.
Vehicles that do not display a current valid license and registration,
or otherwise not in compliances with any and all relating to the licensing
and operation of motor vehicles.
Such other defects or conditions which the Fire Department determines
to have the potential of causing damage to public or private property.
Motor vehicles parked, drifted, or otherwise located which may
interfere with flow of pedestrians and where a duly authorized officer
of the law resulted in automobile traffic or impede emergency efforts.
Any garbage, refuse, industrial, lunchroom, or office waste,
and other material including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, or institutional establishments or from community activities,
and which is not classified as residual waste or hazardous waste as
defined herein. The term does not include source separated recyclable
materials or organic waste.
A written document issued to a person in violation of a Borough
ordinance which specifies the violation and contains a directive to
take corrective action within a specified time frame or face further
legal action.
Any condition, structure, or improvement which constitutes
a danger or potential danger to the health, safety, or welfare of
citizens of the Borough, or causes a blight in Borough neighborhoods
as determined by a duly authorized officer of the law offers after
reasonable inspection. See also "public nuisance."
The owner of record of the property as set forth in the Office
of the Recorder of Deeds in Northampton County.
Any individual residing in or having occasion to appear within
the jurisdiction boundaries of Wilson Borough and shall specifically
include any and all business entities, firms, corporations, partnerships,
associations, or institutions.
The nonconcrete space between the sidewalk and the curb.
Any land, and improvements thereon, owned by any person and
includes front, side, and rear yards; vacant lots, buildings, and
other structural improvements; walkways and alleyways; and parking
areas, designed or used either wholly or in part for private residential,
industrial, or commercial purposes, whether inhabited, temporary,
continuously uninhabited, or vacant, including any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox belonging to or
appurtenant to such dwelling, house, building, or other structure.
A legal or equitable interest in real or personal property,
including but not limited to the interest of a tenant or lessee.
In addition any conditions or premises which are unsafe or
unsanitary.
Any police officer, code officer, authorized inspector, or
public official designated by the Borough to enforce the Borough ordinances.
The total width of any land used, reserved, or dedicated
as a street, alley, driveway, sidewalk, or utility easement, including
curb and gutter areas.
Material which would otherwise become municipal waste, which
can be collected, separated, or processed, and returned to the economic
mainstream in the form of raw materials or products. These materials
shall include, but not necessarily be limited to, aluminum cans, ferrous
and bi-metal cans, glass containers, plastic bottles and containers,
mixed paper, white goods, major appliances, televisions, tires, batteries,
fluorescent bulbs, and large auto parts.
Any discarded material or other waste including solid, semisolid,
or contained gaseous materials resulting from construction, industrial,
mining, and agricultural operations, excluding municipal water and
sewer operations.
An owner, entity or person acting as an agent for another,
which has authority over the property or is responsible for the property's
maintenance or management, irrespective of any arrangement to the
contrary with any other party, each owner shall always be a responsible
party for the purpose of this chapter. There may be more than one
responsible party for a particular property.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, and dust and other
similar materials.
Unless otherwise specified, includes all trees, shrubs, and
woody vegetation in the public right-of-way or which falls within
the provisions.
The public right-of-way between the property line and the
curb line or the established edge of the roadway.
Any waste including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous materials.
The containment of any municipal waste on a temporary basis
in such a manner as to constitute disposal as such waste. It shall
be presumed that the containment of any municipal waste in excess
of three months constitutes disposal.
The nonconcrete area surrounding a shade tree planted between
the sidewalk and the curb.
Any planting that is cultivated and managed for edible or
ornamental purposes such as vegetable gardens, trees, shrubs, hedges,
flowers, and other organic living vegetation, etc.
A form issued by a police officer or other authorized person
to a person who violates a provision of this section. The violation
ticket is an offer by the Borough of Wilson extended to a person to
resolve a violation by paying the fine in lieu of a citation being
issued against the violator.
All grasses, annual plants, and vegetation, which meet any of
the following criteria:
Exceed 10 inches in height.
Emits foul or odorous scents or pollen such as ragweed, dandelion,
and similar vegetation commonly referred to as weeds, brush or nondecorative
vegetation.
May conceal filthy deposits or serve as breeding places for
mosquitoes, other insects, or vermin.
Cause a public nuisance in the sound discretion of a public
official.
Weeds shall not include cultivated and managed vegetation planted
for edible or ornamental purposes such as vegetable gardens, trees,
shrubs, flowers, etc.
An open space on the same lot along with a structure as part
of a lot or other condition ancillary to the structure.
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of waste, trash, rubbish, or garbage.
B.
Animal maintenance and waste/feces clean-up. People owning, harboring,
or keeping an animal within the Borough of Wilson shall not permit
any waste matter/feces from the animal to collect and remain on the
property so as to cause or create an unhealthy, unsanitary, dangerous,
or offensive living condition. All waste from animals must be removed
on a daily basis. Fecal matter remaining for more than 24 hours shall
be subject to daily fines. This provision shall apply to the owner
or caretaker of an animal on property which is the home of the animal
or where the animal may come to be with the owner.
C.
Disposal of rubbish or garbage/dumping. Improper disposal of rubbish
or garbage, or dumping or disposing of rubbish or garbage on vacant,
unoccupied, or other property.
D.
High weeds, grass or plant growth. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 10
inches (254 mm). All noxious weeds shall be prohibited. Weeds shall
be defined as all grasses, annual plants, and vegetation. Cultivated
flowers, gardens, trees, and shrubs shall not be included as a violation
of this chapter.
E.
Littering or scattering rubbish. No person shall throw, dump, place,
sweep, or dispose of any waste, trash, garbage, or rubbish upon any
public sidewalk, alley, street, bridge, public passageway, public
parking area, or on any public property.
F.
Motor vehicles. It shall be unlawful to store, park, or maintain
any unregistered, uninspected, inoperative, unlicensed, or inoperable
motor vehicle on any property. Painting of vehicles shall take place
only inside an approved spray garage, structure or other place with
a permit issued by the Borough.
G.
Operating a food cart illegally. It shall be unlawful to operate
any food cart without the proper permits and/or health inspections.
It shall also be unlawful to operate any food cart while any portion
of the cart is inoperable or uninspected.
H.
Operating or vending without the proper permit/license. It shall
be unlawful for any person, business, partnership, or entity to operate
or engage in a business including, but not limited to, any business,
vending cart, store, or establishment without the proper permits.
I.
Outside placement of indoor appliances/furniture. It is prohibited
to store or place any/all appliances or furniture including, but not
limited to, ranges, refrigerators, air conditioners, ovens, washers,
dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior
chairs, or interior tables on the exterior of any property for the
purpose of sale or any other reason, except for the temporary purpose
to perform maintenance on said property.
J.
Ownership presumption of waste, trash, and/or recyclables for illegal
dumping and illegal hauling. It shall be the responsibility of every
owner and/or occupant to dispose of their waste, trash, or recyclables
in a manner consistent with this chapter. Any business or person who
is unable to demonstrate the proper manner of deposing waste will
be in violation of this section. Should any person or business engage
an unlicensed hauler to dispose of their waste, trash, or recyclables,
said person or business shall be in violation of this chapter. Upon
request of the Public Officer, any owner or occupant must demonstrate
their appropriate trash and/or recyclable hauler. Any parts found
within a municipal waste container, recycling container, garbage bag,
or loose trash/waste displaying the name and/or address of a person
and/or persons, that trash or waste shall be presumed to be the property
of such person and/or persons. It shall be unlawful for any person,
business, partnership, or entity to remove or haul waste, trash, or
recyclables without the proper approval or license. Any waste, trash,
or recyclables found not to be disposed of in accordance with this
chapter will be a violation of this chapter.
K.
Placement or littering by private advertising matter. No person shall
throw, place, sweep, or dispose of litter or private advertising matter
upon any public sidewalk, alley, street, bridge, public passageway,
public parking area, or any public property. No person, group, organization,
or entity will hang, place, or advertise on any public property in
any manner. No person, group, organization, or entity will hang, place,
or advertise on any property that they do not have any ownership rights
to without the written approval of said owner.
L.
Snow and ice removal from sidewalks. Every owner, tenant, occupant,
lessee, property agent, or any other person who is occupying, managing,
or maintaining any property within the Borough of Wilson, is required
to remove any snow or ice from their sidewalk and other areas used
for public walkways, within 15 hours of the cessation of said snow
and ice falling. They must create a travelable path, free of snow
or ice, of three feet on said sidewalk. Should any property be a place
of business within the Borough of Wilson, all snow and ice must be
removed within four hours of the cessation of said snow and ice falling.
Any property that is deemed a business must have the entire sidewalk
free from any snow and ice. If and/or when the snow and/or ice cessation
happens during the hours of darkness, the time limit of removal of
all snow and ice begins at daybreak or 7:00 a.m., whichever is later.
M.
Storage containers for waste or trash. The owner of every premises
shall supply approved containers for waste/trash, as well as be responsible
for the removal of rubbish. All containers that store waste or trash
shall be durable, water tight, and made of metal or plastic. Containers
must have tight-fitting covers, and must be kept clean and odor free
at all times. All containers must be stored so said containers are
not reasonably visible from the public right-of-way. Waste/trash containers
may only be placed in front or rear of any property, based on where
waste/trash pick-up occurs, when darkness occurs the night before
the day of the scheduled waste/trash pick-up day. Once the licensed
hauler removes the waste/trash from any property, all containers must
be returned on the property before daybreak on the day following pick-up.
N.
Storing or discarding of appliances. Refrigerators, freezers and
similar equipment including, but not limited to, washers, dryers,
dishwashers, microwaves and ranges not in operation shall not be discarded,
stored, or abandoned on any premises without first removing the doors.
O.
Storing of hazardous material. It shall be unlawful for any person,
business or entity to store combustible, flammable, explosive, or
other hazardous materials including, but not limited to, paints, volatile
oils and cleaning fluids, or combustible rubbish including, but not
limited to, wastepaper, boxes, or rags unless the storage of said
materials is stored in compliance with the applicable building codes
and after receiving a permit.
P.
Storing of recyclables. It shall be the responsibility of the owner
of all residential, commercial, and industrial property to ensure
storage, collection, and disposal of all recyclables from their property
in such a manner not to create a public nuisance. Storage of recyclables
is only allowed in approved containers, which must be kept clean and
sanitary at all times.
Q.
Storing or serving of potentially hazardous food. No individual or
entity operating a business shall store or serve potentially hazardous
food. Including, but not limited to, expired food products, food stored
outside of recommended temperature; food stored directly on a flooring
surface; infestation at the location; and/or serving of food that
had previously been opened or otherwise in a condition which may be
harmful.
R.
Swimming pools. Swimming pools shall be maintained in good repair
at all times and shall be kept clean, safe, covered, sanitary and
treated by required chemicals.
S.
Violating the terms of any vending license. It shall be unlawful
to violate any term, part, portion of any vending license. Any person,
business, partnership, or entity violating their vending license shall
be in violation of this chapter.
T.
Temporary dumpster/pod permit required. Each temporary dumpster or
storage pod placed on a borough street or in a public right of way,
shall display a valid permit issued by the Borough of Wilson.
U.
Graffiti. It shall be unlawful for any unauthorized inscription,
word, figure, mark, adhesive label patch or design that is written,
marked, etched, scratched, drawn, painted or engraved on, or otherwise
affixed to, any surface of public or private property, including but
not limited to buildings, structures or places including property
owned by the person inscribing.
V.
Unsafe structures, conditions and equipment. When a structure or
equipment of any residential or commercial is found to be unsafe,
or when is found unfit for human occupancy, or is found unlawful,
such structure shall be condemned pursuant to the provisions of this
Code.
W.
Vacant structures and land. Vacant structures and land shall be maintained
in a clean, safe, secure and sanitary condition as provided herein
so as not to cause a blighting problem or adversely affect the public
health or safety.
X.
Exterior property areas. Exterior property areas shall be maintained
in a clean, safe, and sanitary condition. The occupant/owner shall
keep that part of the exterior property that such occupant/owner occupies
or controls in a clean and sanitary condition.
Y.
Windows, skylights, and door frames. Every window (glass), skylight,
door and frame shall at all times be kept in condition which protects
the dwelling's interior.
A.
The provisions of this chapter shall be enforced by any public officer
or employee of the Borough of Wilson authorized to enforce ordinances.
B.
Any violation of the provisions of this chapter may be cause for
a citation, a violation ticket, and/or a notice of violation to be
issued to the violator.
Notices of any violation shall be served upon an alleged violator
by personal service by an adult authorized by Borough Council; by
handing same to the alleged violator; by delivery to the residence
of the alleged violation by handing the notice to an adult member
of the household or other adult responding; by leaving or affixing
the notice at the door of the residence of the alleged violation property;
or by certified mail (read receipt requested) to the violator's
address of record.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.
Any person or business violating this chapter shall be issued a quality
of life ticket or citation. A public officer is authorized and empowered
to cause a violation to be corrected. The cost shall be determined
by the Borough Council in an amount equal to compensation for all
costs, fees, services, or other official action.
B.
At the direction of the Borough, a contractor may be hired to abate
the violation at the expense of the owner and/or tenant and/or occupant
of the property. A bill/invoice will be generated to the violator
for payment separate from the quality of life ticket, which shall
be paid promptly. The Borough may impose municipal liens on property
of offenders.
C.
Where the Borough abates the violation, at its cost, the Borough
is authorized to recover from the offending party, the owner of the
property, or tenant the abatement charges and such other charges established
by the Code Enforcement Officer and the rules and regulations.
D.
Borough of Wilson cleanup. The Borough reserves the right to perform
any necessary work to abate any violation once 72 hours passes from
the date of issuance of the quality of life ticket. Should the violation
at the discretion of the Code Enforcement Officer present imminent
danger and/or pose a health hazard and/or risk, the Borough reserves
the right to perform the abatement immediately. The entire cost of
abatement actions taken or caused to be taken by the Borough, shall
be recoverable from each of the persons responsible for correcting
violations. In addition, the entire cost of the abatement actions
may be the subject of a lien on the property. The lien shall be enforced
in the manner prescribed by law. The costs may include man labor,
expenses, cost of outside contractors and the cost of any material
necessary for the abatement. The Borough reserves the right to charge
an additional 20% on all material purchases to cover all miscellaneous
expenses, such as wear and tear on equipment.
E.
Contractor cleanup. The Borough may hire a contractor to abate the
violation after 72 hours' notice and failure to abate. Should
the violation present imminent danger and/or pose a health hazard
and/or risk, the Borough reserves the right to direct the contractor
to perform the abatement immediately.
A.
Failure to pay a $25 violation ticket or request a hearing within
10 days shall be subject to a $10 daily assessment for days 11 through
30.
B.
If the person in receipt of a $50 violation ticket fails to pay the
fine or request a hearing within 10 days, that person shall be subject
to a $25 per day assessment for days 11 through 30.
C.
If the person in receipt of a $100, $250, or higher violation ticket
fails to pay the fine or request a hearing within 10 days, that person
will be subject to an additional $50 assessment.
D.
Failure of the person to make payment or request a hearing within
30 days of a violation ticket shall make the person subject to a citation
for failure to pay.
E.
Any persons in violation of this chapter may, within 10 days, agree
to pay fines and costs or request a hearing.
F.
Any person faced in violation hereof shall pay a fine as set forth
herein for each offense, plus all direct and indirect costs incurred
by the Borough for all costs relating to the abatement of the violation.
|
Violation
|
Description
|
Fine 1
|
Fine 2
|
Fine 3+
|
|---|---|---|---|---|
|
QOL-001
|
Accumulation of rubbish or garbage
|
$25
|
$50
|
$100
|
|
QOL-002
|
Animal maintenance and waste/feces clean-up
|
$25
|
$50
|
$100
|
|
QOL-003
|
Disposal of rubbish or garbage, dumping
|
$25
|
$50
|
$100
|
|
QOL-004
|
High weeds, grass or plant growth
|
$25
|
$50
|
$100
|
|
QOL-005
|
Littering or scattering rubbish
|
$25
|
$50
|
$100
|
|
QOL-006
|
Motor vehicles
|
$25
|
$50
|
$100
|
|
QOL-007
|
Operating a food cart illegally
|
$25
|
$50
|
$100
|
|
QOL-008
|
Operating or vending without the proper permit or license
|
$25
|
$50
|
$100
|
|
QOL-009
|
Outside placement of indoor appliances/furniture
|
$25
|
$50
|
$100
|
|
QOL-010
|
Ownership presumption of waste, trash and/or recyclables for
illegal dumping and
|
$25
|
$50
|
$100
|
|
QOL-011
|
Placement of littering by private advertising matter
|
$25
|
$50
|
$100
|
|
QOL-012
|
Snow and ice removal from sidewalks
|
$25
|
$50
|
$100
|
|
QOL-013
|
Storing containers for waste or trash
|
$25
|
$50
|
$100
|
|
QOL-014
|
Storing or discarding of appliances
|
$25
|
$50
|
$100
|
|
QOL-015
|
Storing of hazardous material
|
$25
|
$50
|
$100
|
|
QOL-016
|
Storing of recyclables
|
$25
|
$50
|
$100
|
|
QOL-017
|
Storing or serving potentially hazardous food
|
$25
|
$50
|
$100
|
|
QOL-018
|
Swimming pools
|
$25
|
$50
|
$100
|
|
QOL-019
|
Violating the terms of any vending license
|
$25
|
$50
|
$100
|
|
QOL-020
|
Temporary dumpster permit required
|
$25
|
$50
|
$100
|
|
QOL-021
|
Graffiti unauthorized inscription
|
$25
|
$50
|
$100
|
|
QOL-022
|
Unsafe structures and conditions
|
$25
|
$50
|
$100
|
If violations are continuous or egregious, code officials have
the right to issue citations without first issuing tickets, provided
notice has been given. Upon issuance of four tickets for the same
violation, right is reserved for the code officials to issue citation
for the fifth and subsequent offenses.
Any person, firm, or corporation who shall fail, neglect, or
refuse to comply with any of the terms or provisions of this chapter,
or of any regulation or requirement pursuant hereto and authorized
hereby shall, upon conviction, be ordered to pay a fine of not less
than $100 and not more than $1,000 on each offense or imprisoned no
more than 90 days, or both.
The Magisterial District Judge may, if in accordance with applicable
law, order the violator to pay restitution to said real or personal
property owner.
A.
A person in receipt of a violation ticket may appeal to the Quality
of Life Appeals Board by filing a request in writing within 10 calendar
days of the date of the violation ticket.
B.
In order for an appeal to be deemed valid and a hearing date and
time to be set, the following must be performed by the alleged violator
requesting the appeal within 10 calendar days:
(1)
All paperwork, including the appropriate appeal form for the
appeal, must be submitted and completed within 10 calendar days from
the date the quality of life ticket was issued.
(2)
Payment of the fine must be in full, which will be refunded
within 30 calendar days should the alleged violator win his/her appeal.
C.
The appeal hearing will be held before the Quality of Life Appeals
Board and they may uphold the appeal, deny the appeal, or may modify
the violation ticket, and/or any associated costs, fines, or penalty
amounts as they see appropriate. Any subsequent appeal will be made
by the alleged violator with the Northampton County Court of Common
Pleas.
At the discretion of the Borough of Wilson, all tickets for
which payment is not received within 45 days of issuance of a ticket
for which an appeal is not taken, and 45 days from denial of appeal
and monies paid by the Borough of Wilson for abatement of a violation
not paid within 45 days of billing, may be turned over by the Borough
to a collection agency for receipt.
At the discretion of the Borough of Wilson, liens may be placed
upon a property against which tickets were issued for which payment
is not received within 45 days of issuance of a ticket for which an
appeal is not taken, and 45 days from denial of appeal and monies
paid by the Borough of Wilson for abatement of a violation and not
paid within 45 days of billing.
The penalty lien and collection provisions of this chapter shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the Borough of Wilson as may be deemed appropriate
for carrying out the purposes of this chapter. The remedies and procedures
provided in this chapter for violation hereof are not intended to
supplant or replace to any degree the remedies and procedures available
to the Borough in the case of a violation of any other Borough of
Wilson Code or codified ordinances, whether or not such other code
or ordinance is referenced in this chapter, and whether or not an
ongoing violation of such other code or ordinance is cited as the
underlying ground for a finding of a violation of this chapter.
If any provision, paragraph, word, section, or subsection of
this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsection
shall not be affected and shall remain in full force and effect.
