This article shall be known as the "Civil Enforcement Procedure Ordinance
of Washington Township" and shall govern the imposition and enforcement of
fines for violations of the Washington Township ordinances set forth herein.
[Amended 7-1-1997 by Ord.
No. 3-97]
The portions of the following ordinances which establish or refer to
criminality or a criminal penalty are hereby repealed, and violations of each
ordinance listed are deemed to be civil violations rather than criminal violations;
and civil fines for such violations are established and shall be imposed as
follows:
A. Ordinance No. 1-71, being an ordinance providing for the levy, assessment and collection
of a realty transfer tax. Section 10 shall be amended as provided in this article, and any person who
violates or permits the violation of Ordinance No. 1-71 shall be subject to
a fine of $100.
B. Ordinance No. 8-72, being an ordinance licensing and
regulating the operation of boats, is hereby repealed in its entirety.
C. Ordinance No. 5-73, being an ordinance prohibiting the
canvassing or soliciting of goods, wares and merchandise, is hereby repealed
in its entirety.
D. Ordinance No. 1-78 (see now Chapter
123, Article
I), being an ordinance imposing a tax for general revenue purposes on occupations. Section 12 (see now §
123-12) is amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 1-78 shall be subject to a fine of $300.
E. Ordinance No. 4-95 (see now Chapter
105, Article
IV), being an ordinance establishing sewer connection, inspection fees and sewer rent or charges. Ordinance No. 4-95 shall be amended by adding an additional section as follows:
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§ 105-41. Illegal connections.
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A person may not make a connection to the sewer system without a valid
permit issued by the township. Any person who violates or permits the violation
of this section shall be subject to a fine of $1,000.
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The Washington Township Council shall from time to time, by motion or
resolution, nominate or appoint enforcement officers for each of the ordinances
referred to above who are authorized and directed to impose fines and institute
civil enforcement proceedings as required to achieve compliance with said
ordinances.
The enforcement officer shall determine in each instance whether a violation
has occurred under each of the above-referenced ordinances. Upon determining
that a violation has occurred, the enforcement officer shall impose a civil
fine upon the violator in the amount set forth above.
Upon the determination by the enforcement officer that a violation has
occurred, the enforcement officer or, upon the request of the enforcement
officer, the Township Solicitor shall forward to the violator a civil citation
or other notice, in the form prepared by the Township Solicitor, notifying
the violator of the violation and giving the violator an opportunity to pay
the fine without the necessity of a civil enforcement proceeding and without
the payment of court costs, including attorney fees.
In cases where fines are not paid in accordance with the civil citation
or other notice of the violation by Washington Township, the enforcement officer
shall commence a civil enforcement proceeding before the District Justice
to collect the fines plus all court costs, including reasonable attorney fees,
incurred by Washington Township. If the violator neither pays nor timely appeals
the judgment for a violation of the above-referenced ordinances, Washington
Township may enforce the judgment pursuant to the applicable rules of civil
procedure.
Each day that a violation of an ordinance set forth in §
1-17 continues shall constitute a separate violation of the ordinance.