[Adopted 11-17-1958 by Ord. No. 785 (Ch. 21, Part 2, of the
1986 Code of Ordinances)]
In this article, the word "person" shall include any natural
person, partnership, firm or corporation. The singular shall include
the plural, and the masculine shall include the feminine and the neuter.
No persons shall raise, lower or in any other manner change
the properly adopted grade of any street or alley in the City of Washington
without specific authority therefor from the City Council.
[Amended 4-24-1986 by Ord. No. 1356]
In any instance where the grade of any street or alley is raised, lowered or in any other manner changed in violation of this article, in addition to the penalty of § 310-4, the Council shall have authority to cause such work to be done as shall result in the restoration of the official grade of such street or alley, and to collect the cost of the work, with any additional amount allowed by law, from the person whose violation of this article resulted in such unlawful raising, lowering or other change of grade.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
