[Adopted 12-19-2018 by Ord. No. 1320]
A.Â
Enforcement action for violations. Any violation of the provisions of this chapter may be cause for a citation and/or a violation ticket to be issued to the violator. The Borough shall have authority to decide whether to issue a violation ticket pursuant to Subsection B below or a citation pursuant to Subsection E below.
B.Â
Violation ticket. A violation ticket shall be served upon a violator
by handing it to the violator, by handing it at the residence of the
person to be served to an adult member of the household or other person
in charge of the residence, by leaving or affixing the violation ticket
to the property where the violation exists, by handing it at any office
or usual place of business of the violator, to his/her agent or to
the person for the time being in charge thereof, or by mailing the
violation ticket to the violator's address of record.
C.Â
Contents of violation ticket. The violation ticket shall be in accordance
with the following:
(1)Â
Be in writing.
(2)Â
Include a description of the real estate sufficient for identification.
(3)Â
Include a statement of the violation or violations and why the notice
is being issued.
(5)Â
Include a statement that the violation ticket shall be paid within
30 days of the date printed on the violation ticket.
D.Â
Violation ticket penalties. The Borough Council shall establish monetary
fines for violations of certain provisions of this chapter by resolution
from time to time. Any violation ticket shall set forth the then current
amount of the fine for the violation described on the violation ticket.
The Council may establish escalating fines for recurring violations.
In no event shall fines exceed $1,000.
E.Â
Issuance of citation upon nonpayment. If the person on whom the violation
ticket has been served shall not pay the ticket within such thirty-day
period, the Borough shall issue a citation to such person, and commence
the scheduling of a hearing on the violation before the Magisterial
District Justice. Alternatively, the Borough may elect to issue a
citation for violations of this chapter without first issuing a violation
ticket.
F.Â
Citation penalty. Any person who violates any of the provisions of
this article shall, upon conviction thereof before a Magisterial District
Judge, be fined not more than $1,000, plus costs of prosecution, and
in default of payment of such fine and costs be imprisoned for not
more than 30 days.
The Code Enforcement Official, the Board of Health, the Recycling
Coordinator, the Property Maintenance Officers, Borough police officers
and other appointed Borough officials are hereby individually and
severally empowered to enforce the provisions of this Chapter. An
inspection may consist of sorting through containers and opening of
solid waste bags to detect, by sound or sight, the presence of any
recyclable material or such other items as may be regulated under
this chapter.