[HISTORY: Adopted by the City Council of the City of Harrisburg 7-3-2018 by Ord. No. 5-2018. Amendments noted where applicable.]
Any person who violates any provision of the Municipal Waste,
Recycling, and Composting Code shall be subject to the provisions
of this chapter. Nothing set forth in this chapter shall limit the
pursuit of other appropriate actions or proceedings at law or in equity
available to the City.
A.
Authorized enforcement officials. The Director DPW, or any other
City employee, agent, or official designated by the Director DPW as
an enforcement officer, shall act in the capacity of a law enforcement
officer for the limited purpose of issuing nontraffic summary citations
to owners of premises, tenants, or persons who are found in violation
of any provisions of the Municipal Waste, Recycling, and Composting
Code. An enforcement officer may patrol all public and public-accessible
areas at any time and issue citations for any violation of this code.
In addition, all law enforcement officers with authority and jurisdiction
within the municipal boundaries of the City of Harrisburg shall be
deemed invested with the power to enforce the provisions of this code.
B.
Method of enforcement. Enforcement of the provisions of Chapter 9-309 shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under Chapter 4 of the Pennsylvania Rules of Criminal Procedure and the Pennsylvania Judicial Code.[1]
[1]
Editor's Note: See 42 Pa.C.S.A. § 101 et seq.
Whenever the enforcement officer or other law enforcement officer
finds that any person has violated or is violating any provisions
of the chapters to which these enforcement provisions apply, any permit
issued thereunder, or any applicable federal, state or local regulation,
the enforcement officer or other law enforcement shall serve or cause
to be served upon such person a written citation stating the nature
of the violation. The enforcement officer shall follow the citation
procedures provided for the enforcement of summary offenses under
Chapter 4 of the Pennsylvania Rules of Criminal Procedure and the
Pennsylvania Judicial Code.[1]
[1]
Editor's Note: See 42 Pa.C.S.A. § 101 et seq.
A.
General provisions. The imposition of a penalty for any violation
of this chapter shall not excuse the violation and shall not constitute
permission or grant of right to continue the violation. All persons
required to do so shall correct and remedy any violation or defect
within the time prescribed by the rules and regulations. When not
otherwise specified, each day that a violation continues shall constitute
a separate offense. Nothing set forth in this chapter shall be construed
to negate or preclude any additional liability, punishment, enforcement
action, remedy, fines, or penalties or limit the pursuit of other
appropriate actions or proceedings at law or in equity available.
[Amended 12-17-2019 by Ord. No. 7-2019]
B.
Category 1 violation. A violation subject to penalty under this provision
shall be punishable by a fine of $1,000, plus costs, or imprisonment
for not more than 90 days, or both.
[Amended 12-17-2019 by Ord. No. 7-2019]
D.
Cost of cleanup. Violators of 9-309.2 (Illegal dumping) and 9-309.4
(Excessive accumulation) shall be responsible for the cost of cleaning
up the waste. An assessment of cleanup costs will be made based on
the following schedule:
E.
Additional fee. In addition to any fines, fees or penalties imposed
in accordance with this chapter, an additional neighborhood mitigation
penalty shall be imposed in the amount of $25. All neighborhood mitigation
penalties imposed and collected by any division of the unified judicial
system existing under § 1 of Article V of the Constitution
of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted
to the City for deposit into the Neighborhood Mitigation Fund for
the purpose of funding mitigation exercises performed by the City
on private properties, including but not limited to demolitions, cleanups,
clean and seals and light repairs. If the fine is paid on installments,
the proportionate amount of the neighborhood mitigation penalty shall
be remitted on each installment.