[HISTORY: Adopted by the Borough Council of the Borough of Charleroi 7-13-2022 by Ord. No. 1030. Amendments noted where applicable.]
A. 
Upon inspection, and a determination that a provision of the Charleroi Borough Code of Ordinances, IPMC, Building Code, or Fire Code (hereinafter "Charleroi Code") has been violated, a duly empowered Charleroi Borough Code Enforcement Officer, Borough Police Officer, Zoning Code Official, Building Code Official, or other person deputized or directed by the Borough Council or Borough Manager to enforce provisions of the Charleroi Code (hereinafter collectively referred to as the "Code Enforcement Officer" or "Charleroi Code Enforcement Officer") may notify the responsible party or parties of the violation in writing in the form of a notice of violation, a non-traffic citation or a Charleroi Code violation ticket (hereinafter "violation ticket").
B. 
Any violation of the Charleroi Code may be cause for a notice of violation, violation ticket, citation, or any other legal instruments be issued to the violator. If the violator fails to address the compliance issue through the ticketing process contained here within, the Borough of Charleroi may proceed with other enforcement mechanisms described in the Charleroi Code.
Whenever the Code Enforcement Officer determines that there exists a violation of any provision of the Charleroi Code that could, upon admission or conviction, constitute a summary offense, the Code Enforcement Officer shall issue a violation ticket which shall:
A. 
Be in writing;
B. 
Include a brief description of the time, date and location of the violation(s);
C. 
Statement of the violation(s);
D. 
Specify the maximum time frame and set forth an amount of money that shall be paid within the specified period of time, that, along with satisfactory remediation of the violation in the manner set forth on the ticket by the Code Enforcement Officer, will excuse the violator from being served with a citation;
E. 
Detail the fine for nonpayment of the ticket within the prescribed time frame; and
F. 
Include a statement regarding the right to forgo paying the violation ticket, and pleading guilty and instead challenge the citation before the magisterial district judge having jurisdiction over the matter.
A violation ticket shall be served upon the owner, occupant, responsible party, or combination of the aforementioned in the following manner:
A. 
By handing it to the person to be served; or
B. 
By handing it, at the residence of the person to be served, to an adult member of the family with which the person resides, or to an adult person in charge of such residence at the time of service; or
C. 
By handing it to the person, his agent, or the person in charge at the time of service at any office or usual place of business of the person to be served; or
D. 
By mailing the violation ticket to the last known address of the person or entity to be served by certified mail, return receipt requested and if returned as unclaimed to be sent first-class mail; or
E. 
Such other method as authorized by relevant Pennsylvania law or provision of the Charleroi Code.
F. 
Any violation ticket relating to a motor vehicle may be made by affixing the violation ticket to the vehicle under the front windshield wiper or other location on the vehicle reasonably believed to be conspicuous to a driver.
A. 
The violation ticket may be issued with or without a prior notice of violation letter.
B. 
The violation ticket shall be paid in full in addition to satisfactory remediation of the violation as specified by the Code Enforcement Officer may excuse the violator from being served further enforcement action on the specified violation(s).
C. 
The violation ticket fine amount shall be set forth on the ticket and in the relevant Charleroi Borough Fee Schedule, to be amended from time to time by resolution by the Borough Council.
D. 
If a violation is not addressed to the satisfaction of the designated official within the specified time, the designated official shall issue a violation ticket to the violator consistent with the service of a violation ticket described in § 235-3 above. The fine for the first violation ticket/notice of violation shall be $25 within a twelve-month period.
E. 
If the violation(s) are not addressed to the satisfaction of the designated officer within the specified time, the designated officer shall issue a second violation ticket; if the violation(s) are not addressed within the specified time of the second violation ticket, a third violation ticket shall be issued. The fines for a second and third violations within a twelve-month period are $100 and $250, respectively.
F. 
The designated official is authorized and empowered to correct or abate any violation which in the discretion of the official such violation constitutes a clear and present danger to the health and safety of the community.
G. 
If the Borough of Charleroi has taken action to correct the violation, all direct and indirect costs thereof shall be charged to the individual and property owner (if applicable) to whom the ticket(s) have been issued, a lien shall be filed on the property, and the Borough reserves the right for additional collection efforts at its discretion.
H. 
The violation ticket fine amount is hereby set at $25 and can be amended after enactment hereof by resolution.
A person in receipt of a third violation ticket shall have no more than five days after the issuance of the ticket to address the violation(s) to the satisfaction of the designated official. If the violation is not addressed by that time, a citation will be issued by the designated official with the local District Justice.
Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate fine shall be imposed.
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 before the Magisterial District Judge, be ordered to pay a fine of not less than $300 and not more than $1,000 on each offense, or imprisoned no more than 90 days, or both.
The Magisterial District Judge may order the violator to make restitution where appropriate, to pay the City's costs of collection/citation proceedings, and to pay the City's reasonable attorneys' fees associated with the prosecution of the same.
A. 
All relevant ordinances, regulations, and policies of the Borough of Charleroi, Pennsylvania, not amended shall remain in full force and effect.
B. 
Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be subordinate to this chapter to the extent of such conflict, and the language contained in the chapter shall control.
A. 
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion.
B. 
The Borough reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this chapter and the effective administration thereof.
This chapter shall be effective July 13, 2022.