[HISTORY: Adopted by the Borough Council of the Borough of
New Freedom 4-10-2023 by Ord. No. 2023-1. Amendments noted where applicable.]
This chapter shall be known and cited as the Quality of Life
Ordinance of the Borough of New Freedom. The purpose of this chapter
is to allow the Borough of New Freedom (the "Borough") to issue tickets
instead of citations for certain alleged violations of the New Freedom
Borough Code (the "Code"). A citizen who believes he or she may be
in violation of the Code may pay the ticket instead of requiring the
Borough to issue a citation, which must be litigated in an often costly
and lengthy legal proceeding before a magisterial district judge,
and further, fosters unnecessary appeals. Accordingly, the Borough
may maintain and enforce its laws and the Code while a citizen alleged
to have violated the Code may resolve that matter without the necessity
of the issuance of a citation and a hearing before the magisterial
district judge. This process will also preserve the citizen's
right to dispute the alleged violation of the Code, and to receive
the full benefit of procedural and substantive due process of law.
The following definitions apply to this chapter:
Any person, agent, operator, firm, corporation, association,
or partnership, or other legal entity having a legal or equitable
interest in the property, or has a recorded title interest to the
property as the same may have been recorded in the official records
of the Commonwealth of Pennsylvania, the County of York, or the Borough,
including, without limitation, the guardian of an estate, and the
executor or administrator of the estate of a person if ordered to
take possession of real property by a court of competent jurisdiction.
Any individual, firm, corporation, association, partnership,
or other legal entity.
An owner or individual claiming an interest in the subject
property through the owner, including, without limitation, a tenant,
who has been alleged to have violated the applicable provisions of
the Code, as set forth in more detail herein, as amended from time-to-time
by resolution of the Borough. In the event a tenant or nonowner occupant
of the subject property has caused the violation of the Code and the
issuance of a violation ticket for such violation, the Borough may
pursue the tenant, the legal and/or equitable owner of the subject
property, or both in accordance with this chapter, the Code, and all
other applicable local, state, and federal laws, rules, ordinances,
and/or regulations.
A.
The Code Enforcement Officer, Borough Manager, and Mayor of the Borough
who are sworn to uphold and enforce the laws and Code of the Borough
will enforce the provisions of this chapter.
B.
The following chapters and provisions of the Code are hereby deemed
and ordained to be under the jurisdiction of this chapter, provided,
however, that the New Freedom Borough Council (the "Council") may,
from time-to-time, by resolution, change, remove, and add chapters
and provisions of the Code to the following list:
C.
Any violation of the provisions of any chapter of the Code set forth
in this chapter, or which may be hereafter added to the provisions
of this chapter by resolution of the Council as set forth above, may
be cause for a violation ticket to be issued to the violator.
D.
Service of the violation ticket upon the violator may be accomplished
in any of the following manners:
(1)
Personal service by handing the violation ticket to the violator
or an adult resident or owner of the subject property;
(2)
Leaving or affixing the violation ticket to the subject property
where the violation exists; or
(3)
Mailing the violation ticket to the violator's address of record
by certified mail return receipt requested. Service in this manner
will be deemed effectuated upon the owner if the certified mail return
receipt is signed by the owner and the mail is delivered.
E.
Each day after the issuance of a violation ticket that a violation
continues or is permitted to continue shall constitute a separate
offense for which a separate violation ticket may be issued and a
fine imposed.
F.
In the event the Borough undertakes action to correct any violation,
the cost of such corrective action shall be charged to the owner of
the property pursuant to and in accordance with all applicable local,
state, and federal laws, rules, ordinances, and/or regulations.
G.
Nothing contained in this chapter shall preclude the Borough from
pursuing other means of pursuing violations and enforcement of the
Code, as set forth in the Code or other applicable local, state, and
federal laws, rules, ordinances, and/or regulations. Such other means
may be pursued contemporaneously with the enforcement of this chapter,
including, without limitation, any notice periods for nontraffic citations
as required in the Code or other applicable local, state, and federal
laws, rules, ordinances, and/or regulations.
A.
A person in receipt of a violation ticket shall have 10 days from the service of the violation ticket, as set forth in more detail in § 160-3D(1) through (3) herein, to pay the amount of the violation ticket. If the amount of the violation ticket is not paid within 10 days of service of the same, such failure to pay will result in the issuance of a nontraffic citation for the offense as enumerated on the violation ticket.
B.
The person in receipt of a violation ticket may, within 10 days from
the service of the same, provide written notice to the New Freedom
Borough Manager that the person disputes the issuance of the violation
ticket. In such event, the Council, at its next regularly scheduled,
public meeting, allow the person to address Council with his or her
concerns regarding the violation ticket. Council, as soon as reasonably
practicable, approve or deny the person's appeal.
A.
For the first offense of the violation of any provision of this chapter
within a twelve-month period, the violation ticket will be issued
in the amount of $25.
B.
For the second offense of the violation of any provision of this
chapter within a twelve-month period, whether or not such violation
is the same violation as the first, or a new violation occurring within
12 months of the first violation, the violation ticket will be issued
in the amount of $50.
C.
For the third offense of the violation of any provision of this chapter
within a twelve-month period, whether or not such violation is the
same violation as the first or second, or a new violation occurring
within 12 months of the first and second violation, the violation
ticket will be issued in the amount of $100.
D.
For the fourth offense and all subsequent offenses of the violation
of any provision of this chapter within a twelve-month period, whether
or not such violation is the same violation as the first, second,
or third, or a new violation occurring within 12 months of the first,
second, third, or subsequent violation, the violation ticket will
be issued in the amount of $500.
E.
The amount of the fines set forth herein may be amended from time-to-time
by resolution of the Council.
