[HISTORY: Adopted by the Borough Council of the Borough of
Bath 6-1-2020 by Ord. No. 2020-692. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Quality
of Life Ticketing Ordinance."
A.Â
The purpose of this chapter is to provide, at the option of the Code
Enforcement Officer of the Borough of Bath, a mechanism for issuance
of a ticket before issuance of a nontraffic citation or notice of
violation pursuant to the terms of a covered ordinance to permit a
violator the choice of abating and correcting the violation and paying
the ticket amount within 10 calendar days or be subject to the issuance
of a nontraffic citation or notice of violation for the alleged violation
of a covered ordinance and the ensuing ordinance enforcement process
which involves costs and often leads to involvement by the court system
with the violator potentially liable to the Borough for a certain
fine under the applicable covered ordinance and the Borough's
costs of prosecution, including, but not limited to, the Borough's
attorneys' fees and expenses. In the event a violator chooses
to abate and correct the violation and pay the ticket amount within
the required 10 calendar days, the violation is timely resolved and
the violator will not be subject to the issuance of a nontraffic citation
or notice of violation under the applicable covered ordinance for
the violation abated and corrected pursuant to the ticket. In the
event a violator chooses not to abate and correct the violation and
pay the ticket amount within the required 10 calendar days, the Borough
may issue a nontraffic citation or notice of violation pursuant to
the terms of the applicable covered ordinance and pursue said ordinance
enforcement as permitted by law including, but not limited to, having
the violator found liable to the Borough for a fine under the applicable
covered ordinance together with the Borough's costs of prosecution
including, but not limited to, the Borough's attorneys'
fees and expenses.
B.Â
Overall, the purpose of this chapter is to potentially reduce the
amount of nontraffic citations and notices of violation issued by
the Borough of Bath through traditional ordinance enforcement each
year, potentially expedite the resolution process relative to eliminating
blight in the community's neighborhoods and/or eliminating nuisance
property matters in a manner that is more appropriate for the best
interests of the community, and, at the same time, save time and money
for the Borough and the violator.
As used in this article, the following terms shall have the
meanings indicated:
Borough of Bath, Northampton County, Pennsylvania.
The building containing the Borough's business offices
located at 121 South Walnut Street, Bath, PA 18014 or other Borough
business office address designated by the Borough on the violation
ticket.
The Borough Manager, who serves as a Code Enforcement Officer,
or a Code Enforcement Officer designated by the Borough Manager.
Police Officers or Code Enforcement Officers authorized by
Resolution of Borough Council to uphold and enforce ordinances of
the Borough.
Each chapter of the Code of the Borough of Bath referenced in § 485-4B. Each chapter is an ordinance of the Borough.
Any individual, corporation, partnership, or any other entity
recognized by law.
The review meeting conducted by the Borough reviewer pursuant to § 485-7 of this chapter.
Any person in violation of a covered ordinance.
A.Â
The provisions of this chapter may be exercised by any Code Enforcement
Officer.
B.Â
The following existing chapters and sections of the Code of the Borough
of Bath are each hereby deemed and ordained to be a covered ordinance
that are under the jurisdiction of this process at the discretion
of any Code Enforcement Officer:
|
Quality of Life Violations
| ||
|---|---|---|
|
QOL#
|
Description
|
Borough Code of Ordinance
|
|
001
|
Open Burning
|
Chapter 205
|
|
002
|
Animals Running at Large
| |
|
003
|
Keeping of Animals
| |
|
004
|
Paw Park Violations
| |
|
005
|
Fireworks Prohibited
|
Chapter 317
|
|
006
|
Motor Vehicle Nuisances
| |
|
007
|
Outside Nuisances
| |
|
008
|
MSW Violations
| |
|
009
|
Recyclables Violations
| |
|
010
|
Leaf Waste Violations
| |
|
011
|
Snow & Ice Removal
| |
|
012
|
Snow & Ice/Plc'd Highway
| |
|
013
|
Weeds & Grass Violations
|
Chapter 651
|
|
014
|
IPMC Chpt 3_____
|
Chapter 470; IPMC - Chapter 3 (Select Section)
|
C.Â
A determination by a Code Enforcement Officer that a violation of
a covered ordinance exists is cause for a violation ticket to be issued
to the violator under this chapter.
D.Â
A violation ticket shall be addressed to the name of the violator
and shall be served upon the violator in the following manner:
(1)Â
By handing the violation ticket to the violator;
(2)Â
By handing the violation ticket to an adult resident of the subject
property;
(3)Â
By leaving or affixing the violation ticket to the property where
the violation exists; or
(4)Â
By mailing the violation ticket to the violator's address of
record by first class mail with a certificate of mailing.
A violator that is served a violation ticket under this chapter
shall have 10 calendar days within which time to abate and correct
the violation specified by the ticket and pay the amount of the ticket
to the Borough. In the event the specified violation is not abated
and corrected and the ticket is not paid within the 10 calendar day
period, such failure to abate and correct the specified violation
and pay the ticket within the required time period may result in the
issuance of a nontraffic citation or notice of violation under the
applicable covered ordinance for the violation enumerated on the violation
ticket and any other violations under the applicable covered ordinance
that may be identified by the Code Enforcement Officer. In the event
a violator chooses to abate and correct the violation and pay the
ticket amount within the required 10 calendar days, the violation
is timely resolved and the violation will not be subject to the issuance
of a nontraffic citation or notice of violation under the applicable
covered ordinance for the violation abated and corrected pursuant
to the violation ticket.
A.Â
For the first offense of a violation of a covered ordinance within
a twelve-month period, the violation ticket shall be issued in the
amount of $25.
B.Â
For the second offense of a violation of a covered ordinance within
a twelve-month period, the violation ticket shall be issued in the
amount of $50.
C.Â
For the third offense of a violation of a covered ordinance within
a twelve-month period, the violation ticket shall be issued in the
amount of $100.
D.Â
For the fourth offense and all subsequent offenses of the violation
of a covered ordinance within a twelve-month period, the violation
ticket shall be issued in the amount of $300.
E.Â
Nonpayment of a violation ticket may result in a nontraffic citation
or notice of violation being issued with the fine amount at the maximum
fine amount per day pursuant to the applicable covered ordinance.
A.Â
Upon payment of the ticket to the Borough within 10 calendar days
of the date of issuance of the violation ticket, the person named
in the violation ticket has the right to request a review meeting
regarding the violation ticket by filing a request, in writing, within
the aforesaid time period, at the Borough Municipal Building on a
form available at the Borough Municipal Building or the Borough's
website. Payment of the ticket to the Borough must be paid to the
Borough prior to or at the time of filing the written request for
a review meeting.
B.Â
In the event the ticket is not paid to the Borough within the period
of time required by this section or in the event the request for the
review meeting is not filed at the Borough Municipal Building within
the period of time required by this section, the person named in the
violation ticket shall not be entitled to a review meeting.
C.Â
In the event the ticket is paid to the Borough within the period
of time required by this section and the written review meeting request
is filed at the Borough Municipal Building within the period of time
required by this section, the person named in the violation ticket
shall be entitled to a review meeting conducted in accordance with
this section.
D.Â
The borough reviewer shall attend the review meeting. The review
meeting shall take place at the Borough Municipal Building or the
location of the violation at the sole discretion of the Borough reviewer.
At the sole discretion of the Borough reviewer, the review meeting
may take place telephonically if the person named in the violation
ticket submits a written request for such review meeting. The review
meeting shall take place on a date and time chosen by the Borough
reviewer, in his or her sole discretion, during regular business hours
for the business office located at the Borough Municipal Building
or other time determined at the sole discretion of the Borough reviewer.
The Borough reviewer shall provide written notice of the date, time
and location of the review meeting by email, facsimile, first class
mail with certificate of mailing, or hand delivery to the person named
in the violation ticket at the last known email, facsimile, or address
stated in the written request for the review meeting.
E.Â
The review meeting is an opportunity for the person requesting the
review meeting to be heard by the Borough reviewer and present evidence
to support his or her claims why the violation ticket should be rescinded
or more time given to the person named in the violation ticket for
said person to abate and correct the violation set forth in the violation
ticket. The length of the review meeting, types of evidence accepted,
and number of persons permitted to attend the review meeting shall
be at the sole discretion of the Borough reviewer.
F.Â
The Borough reviewer has the authority to rescind the violation ticket and order the Borough refund the payment of the ticket to the person that paid said monies or give the violator a certain amount of additional time to abate and correct the violation set forth in the violation ticket. In the event the Borough reviewer decides to rescind the violation ticket or give the violator a certain amount of additional time to abate and correct the violation set forth in the violation ticket, such decision by the Borough reviewer shall be in writing and served upon the violator in accordance with § 485-4D of this chapter at the review meeting or promptly after the review meeting within a period of time at the sole discretion of the Borough reviewer.
G.Â
In the event the Borough reviewer rescinds the violation ticket,
the Borough shall refund the payment of the ticket to the person that
paid said monies. In the event the Borough reviewer does not rescind
the violation ticket or the violator fails to abate and correct the
violation within the additional period of time provided to the violator
in writing by the Borough reviewer, a Code Enforcement Officer may
issue a nontraffic citation or notice of violation under the applicable
covered ordinance for the violation enumerated on the violation ticket
and any other violations under the applicable covered ordinance that
may be identified by the Code Enforcement Officer.
H.Â
Notwithstanding the foregoing, in the event the person that filed
the written request for a review meeting in accord with this section
fails to attend a review meeting scheduled by the Borough reviewer,
the payment made prior to or at the time of filing the written request
for a review meeting shall not be refunded except at the sole discretion
of the Borough Manager. In the event the person that filed the written
request for a review meeting fails to attend the review meeting scheduled
by the Borough reviewer, the Borough reviewer may reschedule the review
meeting at the sole discretion of the Borough reviewer.
If any provision, paragraph, word, section or subsection of
this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections, or subsection
shall not be affected and shall remain in full force and effect.
It is the intention of Council of the Borough of Bath that the
provisions of this chapter shall become and be made a part of the
Code of Ordinances of the Borough of Bath; and that the sections of
this chapter may be renumbered or relettered to accomplish such intention,
and the word "ordinance" may be changed to "section," "article," "chapter"
or such other appropriate word or phrase in order to accomplish such
intentions.
This chapter shall be effectively immediately.
