City of Warren, PA Quality of Life

A quality of life violation ticket program is hereby established and may be utilized at the discretion of the Code Enforcement Officer in addition to or instead of any other legal or equitable remedies in regard to the following:

The provisions of Section 107, Notices and Orders, of the International Property Maintenance Code, and any amendments thereto, as adopted by City of Warren Ordinance No. 1870 and codified at Chapter 360 of the Code of the City of Warren;

For violations of Chapter 410, Streets and Sidewalks, of the Code of the City of Warren, Pennsylvania, § 410-21.1, and any amendments thereto, Public sidewalks to be kept clear of dirt and obstructions;

For violations of Chapter 410, Streets and Sidewalks, of the Code of the City of Warren, Pennsylvania, § 410-21.2, and any amendments thereto, Public sidewalks to be kept clear of snow and ice;

For violations of Chapter 399, Solid Waste and Recycling, of the Code of the City of Warren, Pennsylvania, § 399-4, and any amendments thereto, Storage of refuse; and

For violations of Chapter 399, Solid Waste and Recycling, of the Code of the City of Warren, Pennsylvania, § 399-6, and any amendments thereto, Prohibitions.

§ 368-2 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

CODE

Code of the City of Warren.

NOTICE OF VIOLATION

A written document issued to a person or entity who is in violation of a section(s) or subsection(s) of the Code, as identified in § 368-1 above, and which specifies the violation(s) and contains a directive to take corrective action within a specified time frame or face further legal action.

QUALITY OF LIFE VIOLATION

Any violation of the subsections of the Code identified in § 368-1 above.

QUALITY OF LIFE VIOLATION TICKET (TICKET)

A form issued by a City of Warren Code Enforcement Officer to a person or entity who violates a provision(s) of certain section(s) or subsections of the Code, as identified in § 368-1 above, and which is issued in lieu of a notice of violation.

SHALL

Mandatory.

VIOLATOR

The owner of the property at which the violation(s) occurred.

§ 368-3 Purpose of ticket.

The ticket is to be utilized as a means to encourage the expedient remedy of a violation(s) and to provide the violator with an opportunity to pay the associated ticket fine for violation in lieu of a citation being filed with the Magisterial District Judge.

§ 368-4 Form of ticket.

The ticket shall consist of a standardized form which:

States the date of the ticket; and

Identifies the issuing Code Enforcement Officer; and

Lists the Code Office address, phone number, and e-mail address; and

Identifies the address of the property on which the violation(s) exists; and

Includes a statement of the violation(s); and

Specifies the maximum amount of time permitted for remediation of the violation(s); and

Specifies the amount of the fine to be paid for each violation identified on the ticket; and

States that if the property is not brought into compliance as required, the violator may be subject to additional tickets and fines and/or charges being filed with the Magisterial District Judge.

§ 368-5 Authority for issuance of ticket.

Upon identification of a quality of life violation(s), City of Warren Code Enforcement Officers are hereby authorized to issue a ticket to the owner of the property on which the violation(s) exist.

§ 368-6 Manner of delivery of ticket.

The ticket may be delivered by:

Delivery in hand to the violator; or

By leaving the ticket at the apparent main entrance to the property where the violation(s) exist; or

Affixing the ticket to the property where the violation(s) exist; or

Delivering the ticket in hand to the violator's local responsible agent, if known; or

Mailing the ticket to the violator's address of record as recorded in the Warren County Assessment Office via first class mail with a certificate of mailing.

§ 368-7 Issuance of subsequent tickets.

If the violation(s) are not remediated within the time specified on the original ticket, the Code Enforcement Officer shall issue a second ticket which shall provide that the violation(s) shall be remediated within five calendar days commencing on the date next following the date of the second ticket.

If the violation(s) are not remediated in accord with § 368-7A above, the Code Enforcement Officer shall issue a third ticket which shall state that the violation(s) shall be remediated within five calendar days commencing on the date next following the date of the third ticket and further stating that if such remediation does not occur, a citation shall be filed with the Magisterial District Judge.

§ 368-8 Fines.

The following fines shall be assessed for each individual violation identified on a ticket and are cumulative:

(1)

First ticket: $25 per violation; plus

(2)

Second ticket: $50 per violation; plus

(3)

Third ticket: $100 per violation.

Within 12 months, reoccurrence of the same violation(s) stated on a first ticket shall result in the issuance of a second ticket.

If the second ticket as stated in § 368-8B is not paid in full and the violations remediated, the Code Enforcement Officer will concurrently issue a third ticket and a notice of violation.

Additional violation(s) which may occur on the property following the date of the first ticket shall be treated as a separate violation(s) and shall be subject to separate fines and shall be in addition to any prior fines against the property.

§ 368-9 Penalties.

Failure of the violator to make payment for any fine shall result in the filing of a citation with the Magisterial District Judge for failure to pay.

§ 368-10 Appeals.

A person in receipt of a ticket pertaining to the sections or subsections of the Code as identified in § 368-1A through C above may, within five calendar days of the service of the first ticket:

Admit the violation(s) and pay the fine in full satisfaction thereof; or

Deny the violation(s) and file a written request for an appeal before the Property Maintenance Board of Appeals.

§ 368-11 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, determined to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City of Warren hereby declares that it would have adopted this chapter, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional.

§ 368-12 Construal of provisions.

Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or rights acquired, or liability incurred, or any cause(s) of action acquired or existing prior to enactment of this chapter; nor shall any right or remedy of any kind or nature be lost, impaired or affected by this chapter.

§ 368-13 When effective.

This chapter shall become effective 10 days following publication of a notice of enactment.