[HISTORY: Adopted by the City Council of the City of Warren 5-21-2018 by Ord. No. 1906. Amendments noted where applicable.]
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:
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Code of the City of Warren.
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.
Any violation of the subsections of the Code identified in § 368-1 above.
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.
Mandatory.
The owner of the property at which the violation(s) occurred.
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.
The ticket shall consist of a standardized form which:
A.
States the date of the ticket; and
B.
Identifies the issuing Code Enforcement Officer; and
C.
Lists the Code Office address, phone number, and e-mail address;
and
D.
Identifies the address of the property on which the violation(s)
exists; and
E.
Includes a statement of the violation(s); and
F.
Specifies the maximum amount of time permitted for remediation of
the violation(s); and
G.
Specifies the amount of the fine to be paid for each violation identified
on the ticket; and
H.
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.
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.
The ticket may be delivered by:
A.
Delivery in hand to the violator; or
B.
By leaving the ticket at the apparent main entrance to the property
where the violation(s) exist; or
C.
Affixing the ticket to the property where the violation(s) exist;
or
D.
Delivering the ticket in hand to the violator's local responsible
agent, if known; or
E.
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.
A.
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.
B.
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.
B.
Within 12 months, reoccurrence of the same violation(s) stated on
a first ticket shall result in the issuance of a second ticket.
C.
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.
D.
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.
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.
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.
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.
This chapter shall become effective 10 days following publication
of a notice of enactment.