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:
OWNER
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.
PERSON
Any individual, firm, corporation, association, partnership,
or other legal entity.
VIOLATOR
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.