Township of West Manchester, PA Penalties Amendments

Any person who shall violate any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

[1]

Editor's Note: This ordinance superseded the listing of former §§ 55-6, 59-8A, 63-7 and 91-10 herein. See now those sections, as amended, in their respective chapters.

§ 1-17 Amendment to § 1-13.

Section 1-13 of the Code of the Township of West Manchester is hereby amended to read as follows:

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof, in any manner whatsoever which will cause the law of the Township to be misrepresented thereby. Any person who shall violate any of the provisions of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this section. The amount of the fine imposed for the violation of this section shall be established by the officer who determines that a violation has occurred. Notice of the violation of this section and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this section. If the person violating the this section fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this section, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-18 (Reserved) [1]

[1]

Editor's Note: Former § 1-18, Amendment to § 67-3, was superseded 6-26-1997 by Ord. No. 97-15. See now § 67-3.

§ 1-19 Amendment to § 69-4A.

Section 69-4A of the Code of the Township of West Manchester is hereby amended to read as follows:

A.	Method of serving notice. Prior to the issuance of a fine or the filing of a civil enforcement proceeding for a violation of § 69-2 of this article, it shall be necessary to serve written notice upon the dog owner in one of the following ways:

§ 1-20 Amendment to § 69-4C.

Section 69-4C of the Code of the Township of West Manchester is hereby amended to read as follows:

Contents of notice. Notice shall set forth the name and address of the dog owner, if known; the nature and extent of the violation; the period or periods of time over which the nuisance has occurred; the identity of the person giving notice; the date and time of the sending or posting of notice; and a statement to the effect that a fine may be issued or a civil enforcement proceeding begun if the nuisance is not abated within 24 hours of the time of receipt or posting of notice.

§ 1-21 Amendment to § 79-16E.

Section 79-16E of the Code of the Township of West Manchester is hereby amended to read as follows:

Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the Zoning Officer or any other authorized employee of the municipality shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed. Each day during which any violation of this chapter continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine for any violation or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by the Board of Supervisors to be a public nuisance and abatable as such.

§ 1-22 Amendment to § 105-6.

Section 105-6 of the Code of the Township of West Manchester is hereby amended to read as follows:

Any person who shall violate any provisions of Act No. 537, as amended by Act No. 208, or the rules, regulations or standards promulgated thereunder or who violates any provisions of this article, or who resists or interferes with any officer, agent or employee of West Manchester Township or the Department of Environmental Protection in the performance of his or her duties shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-23 Amendment to § 109-1C.

Section 109-1C of the Code of the Township of West Manchester is hereby amended to read as follows:

If any owner of improved property within the Township shall have failed to connect his or her property with the sewer system as required by Subsection A and the Township shall have given the owner written notice pursuant to Subsection B of this section, and if such owner shall have failed within said sixty-day period to make the required connection, such failure shall be and hereby is declared a violation of this article, and such owner shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-24 Amendment to § 109-1E.

Section 109-1E of the Code of the Township of West Manchester is hereby amended to read as follows:

All persons, firms or corporations violating Subsection D of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-25 Amendment to § 109-23C.

Section 109-23C of the Code of the Township of West Manchester is hereby amended to read as follows:

If any owner of improved property within the Township shall have failed to connect his or her property with the sewer system as required by Subsection A and the Township shall have given owner written notice pursuant to Subsection B of this section, and if such owner shall have failed within said sixty-day period to make the required connection, such failure shall be and hereby is declared a violation of this article, and such owner shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-26 Amendment to § 109-23E.

Section 109-23E of the Code of the Township of West Manchester is hereby amended to read as follows:

§ 1-27 Amendment to § 117-5.

Section 117-5 of the Code of the Township of West Manchester is hereby amended to read as follows:

Any owner, occupier or tenant who shall fail to remove any snow or ice from any sidewalk as required by the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-28 Amendment to § 117-6.

Section 117-6 of the Code of the Township of West Manchester is hereby amended to read as follows:

Any owner, occupier or tenant who shall push onto or dump or deposit or cause to be pushed onto or dumped or deposited onto the cartway of any of the streets and highways any snow or ice which may have fallen upon or accumulated on said property shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating the Ordinance. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-29 Amendment to § 117-26.

Section 117-26 of the Code of the Township of West Manchester is hereby amended to read as follows:

Any person, firm, association or corporation violating any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-30 Amendment to § 125-13.

Section 125-13 of the Code of the Township of West Manchester is hereby amended to read as follows:

Whoever makes any false or untrue statement on any return required by this article or who refuses inspection of his books, records or accounts in his custody and control setting forth the number of employees subject to this tax who are in his employment or whoever fails or refuses to file any return required by this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed. It is further provided that the action to enforce the fine and penalty herein provided may be instituted against any person in charge of the business of an employer who has failed or refuses to file a return as provided by this article.

§ 1-31 Amendment to § 125-45A.

Section 125-45A of the Code of the Township of West Manchester is hereby amended to read as follows:

Any person who fails, neglects or refuses to make any declaration or return required by this article, any employer who fails, neglects or refuses to pay the tax deducted from his employees, any person who refuses to permit the income tax officer, or any agent designated by him, to examine his books, records and papers and any person who makes any incomplete, false or fraudulent return to avoid payment of the whole or any part of the tax imposed by this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed. It is further provided that the action to enforce the fine and penalty herein provided may be instituted against any person in charge of the business of an employer who has failed or refuses to file a return as provided by this article.

§ 1-32 Amendment to § 125-45B.

Section 125-45B of the Code of the Township of West Manchester is hereby amended to read as follows:

Any person who, except as permitted by the provisions of § 125-40C of this article, divulges any information which is confidential under the provisions of said subsection shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail, to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-33 Amendment to § 125-45C.

Section 125-45C of the Code of the Township of West Manchester is hereby amended to read as follows:

C.	The penalties imposed under this section shall be in addition to any other penalty imposed by any other section of this article and in addition to any penalty imposed by the Local Tax Enabling Act, 53 P.S. § 6901 et seq.

§ 1-34 Amendment to § 125-59.

Section 125-59 of the Code of the Township of West Manchester is hereby amended to read as follows:

Whoever makes any false or untrue statement on his return or who refuses to permit inspection of the books, records or accounts of any business in his custody or control, when the right to make such inspection by the Tax Collector is requested, and whoever fails or refuses to file a return required by this article and whoever fails or refuses to procure a mercantile license when so required under this article or fails to keep his license conspicuously posted at his place of business as herein required shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-35 Amendment to § 125-69.

Section 125-69 of the Code of the Township of West Manchester is hereby amended to read as follows:

Whoever makes any false or untrue statement on his return or who refuses to permit inspection of the books, records or accounts of any business in his custody or control, when the right to make such inspection by the Tax Collector is requested, and whoever fails or refuses to file a return required by this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this article. The amount of the fine imposed for the violation of this article shall be established by the officer who determines that a violation has occurred. Notice of the violation of this article and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this article. If the person violating this article fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this article, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-36 Amendment to § 133-2.

Section 133-2 of the Code of the Township of West Manchester is hereby amended to read as follows:

The amount of such license shall be the sum of $25 per month, or fractional part thereof, to be paid to the Township Treasurer. Said license shall be renewed monthly during the continuance of said sale, and upon failure of any person so to secure such license, he shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-37 Amendment to § 139-44.

Section 139-44 of the Code of the Township of West Manchester is hereby amended to read as follows:

When the same conduct is proscribed under the Vehicle Code (75 Pa.C.S.A. § 101 et seq.) and under this chapter, the charge shall be brought under the provisions of the Vehicle Code and not under the provisions of this chapter.

§ 1-38 Amendment to § 139-45.

Section 139-45 of the Code of the Township of West Manchester is hereby amended to read as follows:

Unless another penalty is expressly provided by the Vehicle Code (75 Pa.C.S.A. § 101 et seq.) or except as herein provided, any person who shall violate any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.

§ 1-39 Repeal of certain penalty provisions.

The Code of the Township of West Manchester is hereby amended by deleting and repealing the following Sections of the Code: §§ 59-8B, 69-6 and 125-26C.