[HISTORY: Adopted by the Borough Council of the Borough of
Towanda as indicated in article histories. Amendments noted where
applicable.]
This article shall be known and may be cited as the "Quality
of Life Ticketing Ordinance" of Towanda Borough.
The purpose of this article is to provide for the issuance of
a ticket rather than the immediate issuance of a citation to a person
alleged to be in violation of certain provisions of the Towanda Borough
Code of Ordinances. Issuance of a ticket will allow a person accused
of violating the covered provisions of the Towanda Borough Code to
acknowledge the violation by paying the ticket rather than causing
the issuance of a citation and resultant court hearing, imposition
of court costs, and a potential appeal. Use of a ticket is an efficient
and less costly alternative to proceeding by issuance of a citation,
yet does not deprive a person of the right to dispute the ticket and
receive the full benefit of procedural and substantive due process
of law.
As used in this article, the following terms shall have the
meanings indicated:
The Code Enforcement Officer of the Towanda Borough or his
or her designee.
A person or entity who, alone or severally with others:
A.
Has legal or equitable title to any building or has care, charge,
or control of any building in any capacity, including, but not limited
to, agent, executor, executrix, administrator, administratrix, trustee,
or guardian of the estate of the holder of legal title; or
B.
Is a tenant with a legal right to possess an entire building; or
C.
Is a mortgagee in possession of any building; or
A.
The provisions of the Borough Code that are subject to this article
shall be enforced by police officers and Code Enforcement Officers
who are sworn to uphold and enforce the Borough Code.
B.
C.
Any violation of the provisions of any chapter/article/section of
the Borough Code as enumerated in this article may be cause for a
violation ticket to be issued to the violator.
D.
A violation ticket shall be served upon the violator in the following
manner:
(1)
By handing the ticket or notice of violation to the violator.
(2)
By handing it to an adult resident of the subject property.
(3)
By leaving or affixing the notice or violation ticket to the property
where the violation exists.
(4)
By mailing the notice or violation ticket to the violator's
address of record by first-class mail, with a certificate of mailing.
E.
Each day after the issuance of a ticket that a violation continues
or is permitted to continue constitutes a separate offense for which
a separate fine may be imposed.
F.
If the Borough has corrected a violation, the cost thereof shall
be charged to the owner of the property by whatever means is available
to the municipality.
A person in receipt of a violation ticket shall have 10 days
within which time to pay the amount of the ticket. In the event the
ticket is not paid within 10 days, such failure to pay shall result
in the issuance of a non-traffic citation for the offense as enumerated
on the ticket.
A.
For the first offense of the violation of this article within a twelve-month
period, the tickets shall be issued in the amount of $25.
B.
For the second offense of the violation of this article within a
twelve-month period, the tickets shall be issued in the amount of
$50.
C.
For the third offense of the violation of this article within a twelve-month
period, the tickets shall be issued in the amount of $100.
D.
For the fourth offense and all subsequent offenses of the violation
of this article within a twelve-month period, the tickets shall be
issued in the amount of $300.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
If any sentence, clause, section, or amendment of this article
is for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or amendments of this article. It is hereby declared as the intent
of the Borough Council that this article would have been adopted had
such unconstitutional, illegal, or invalid sentence, clause, section,
or amendment thereof not been included herein.
This article shall become effective immediately.
