[HISTORY: Adopted by the Borough Council of the Borough of Lewisburg as indicated in article histories. Amendments noted where applicable.
[Adopted 8-16-2016 by Ord. No. 1041]
This article shall be known and may be cited as the Quality of Life Ticketing Ordinance of the Borough of Lewisburg.
The purpose of this article is to provide for a mechanism for the issuance of tickets, rather than issuing citations or filing private criminal complaints for violations, thereby permitting the violator who believes he/she may have committed a violation to pay the ticket, rather than causing the issuance of a citation or the filing of a private criminal complaint, thereby involving the criminal justice system. Resolution of a violation in this manner is in the best interests of the residents of the Borough and promotes the safety and welfare of its residents because it permits the Borough to maintain and enforce its ordinances and laws and permits a violator to resolve the violation in an expeditious manner without unduly burdening the violator or the resources of the Borough by requiring the issuance of a citation or the filing of a private criminal complaint, thereby involving the criminal justice system, but it does not deprive the violator of the right to dispute a ticket and pursue his/her right to procedural and substantive due process of law.
The following words used in this article shall mean as follows:
- Any person, agent, manager or operator having a legal or equitable interest in real property or who holds title to the real property pursuant to a recorded deed or who otherwise has control of the real property, including, but not limited to, the guardian of the estate of any such person or the executor or administrator of the estate of such person.
- An individual, corporation, partnership or any other entity or association acting as a unit.
The provisions of this article shall be enforced by the Buffalo Valley Regional Police Department or the Borough's code enforcement officer, its manager or any other officer thereof so designated.
While Borough Council may from time to time by resolution change those chapters of the Code of the Borough of Lewisburg subject to this article, at the time of the enactment of this article the following chapters are hereby deemed to be subject to this article and the ticketing process set forth herein:
Chapter 152 regarding the Codes of the Borough, including the Electrical, Fire Prevention, Plumbing, Building and Property Maintenance Codes.
A violation of any of the provisions of the chapters of the Code of the Borough of Lewisburg subject to this article may be cause for a violation ticket, which also may be in the form of a notice of violation, to be issued to the violator.
A violation ticket (or notice of violation) shall be served upon the violator by any of the following means:
Handing it to the violator;
Handing it to an adult resident of the real property where the violation exists or occurred;
Leaving or affixing it to the real property where the violation exists or occurred; or
Mailing it to the violator's address of record by first class mail with a certificate of mailing.
Each day after the issuance of a violation ticket that a violation continues or is permitted to continue constitutes a separate offense for which a separate fine may be imposed.
If the Borough has corrected, or caused the correction of, a violation, the cost thereof shall be charged to the violator and collected by whatever means is available to the Borough.
A violator in receipt of a violation ticket shall have 10 days within which time to pay the amount of the ticket. In the event the ticket is not paid within 10 days, such failure to pay shall result in the issuance of a citation or the filing of a private criminal complaint for the violation as enumerated on the ticket and as provided in the chapters of the Code of the Borough of Lewisburg subject to this article.
For the first violation of this article within a twelve-month period, the fine for the issued ticket shall be $25.
For the second violation of this article within a twelve-month period, the fine for the issued ticket shall be $50.
For the third violation of this article within a twelve-month period, the fine for the issued ticket shall be $100.
For the fourth and all subsequent violations of this article within a twelve-month period, the fine for the issued ticket shall be $300.