[HISTORY: Adopted by the Borough Council
of the Borough of Sayre as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-21-1991 by Ord. No. 686]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances for the Borough of Sayre, County of Bradford, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, Articles and sections by General Code Publishers Corp. and consisting of Chapters 1 through A189, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Sayre, which shall be known and is hereby designated as the "Code of the Borough of Sayre," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Sayre, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 115 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Sayre and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to January 15, 1990.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the borough prior to the effective
date of this ordinance, or any action or proceeding brought for the
enforcement of such right or liability or any cause of action acquired
or existing.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the borough or any penalty, punishment or forfeiture which may result
therefrom.
D.
Any prosecution, indictment, action, suit or other
proceeding pending, or any judgment rendered prior to the effective
date of this ordinance, brought pursuant to any legislative provision
of the borough.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the borough or any lawful contract,
obligation or agreement.
F.
Any ordinance or resolution appropriating money or
transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the borough,
or other instruments or evidence of the borough's indebtedness.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or
collection of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease
or transfer of property or acquiring property by acceptance of deed,
condemnation or exercise of eminent domain.
J.
Any ordinance annexing land to the borough.
K.
Any ordinance providing for requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance, or part of an ordinance, providing
for laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement acceptance or vacation
of any right-of-way, easement, street, road, highway, sidewalk, park
or other public place or property or designating various streets as
public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof, or providing
for a system of sewers or water supply lines; or providing for the
construction, extension, dedication, acceptance or abandonment of
any part of a system of sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the borough or setting the bond of any
officer or employee.
P.
Any ordinance concerning changes to the Zoning Map.
Q.
Ordinance No. 514 concerning zoning and any amendments
thereto.
R.
Ordinance No. 566 concerning used or secondhand merchandise
stores and any amendments thereto.
S.
All vehicles and traffic legislation not otherwise
specifically repealed.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances of the borough for adoption and revision
as part of the Code, certain nonsubstantive grammatical and style
changes were made in one or more of said ordinances. It is the intention
of the Borough Council that all such changes be adopted as part of
the Code as if the ordinances so changed had been previously formally
amended to read as such.
B.
General deletions.
(1)
Sections pertaining to severability, effective dates
and repeals have been deleted, since such provisions are included
in this ordinance or are of no further effect.
C.
Substantive changes and revisions. In addition to the changes and revisions described above, the following changes and revisions of a substantive nature are hereby made to various ordinances included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.[1]
[1]
Editor's Note: Pursuant to the provisions of § 1-6C, the following sections were amended or added: §§ 11-1, 11-2, 19-2A, 19-3F, 19-4B, 19-5B and C, 19-9B, 27-1, 27-4F, 27-5A(2), 27-6A and B, 31-1, 47-3A, 47-4, 47-8A, 61-3, 61-6, 61-7, 61-8B, 69-2, 69-3, 77-9, 85-19, 93-14, 93-16, 111-1, 111-3B, 111-5, 117-3, 117-4, 117-7B(2), 117-9, 121-2, 125-3, 125-10, 125-13, 125-18, 129-6, 129-10, 137-45C(1), 137-52, 137-53B, 137-54, 137-55, 137-61, 137-65C, 141-4D, 141-5, 141-33, 141-34B, 141-36A and C, 145-20, 149-1, 149-5H, 149-8A and B, 149-18, 149-26, 149-27C, 149-29A(1), 149-34, 153-5B, 159-2B, 159-4, 159-6A, A177-3E and F, A177-5, A177-11E, A177-13 and A177-18A. The following provisions were amended in their entirety: Ch. 81 and Art III of Ch. 93. The following original sections were deleted: Sec. 4.1d of Ord. 607 (Ch. 27); § 406C of Ord. 538 (Ch. 141); and § 26-6 of 1967 Code (Ch. 159). A complete description of each change is on file in the office of the Borough Secretary.
In interpreting and applying the provisions
of the Code, they shall be held to be the minimum requirements for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where the provisions of the Code impose greater restrictions
or requirements than those of any statute, other ordinance or regulation,
the provisions of the Code shall control. Where the provisions of
any statute, other ordinance or regulation impose greater restrictions
or requirements, the provisions of such statute, other ordinance or
regulation shall control.
A.
Chapter and Article titles, headings and titles of
sections and other divisions in the Code, or in supplements made to
the Code, are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the ordinances.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of
the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the ordinances.
Three copies of the Code in a post-bound volume
shall be filed with the Ordinance Book in the office of the Borough
Secretary and shall remain there for use and examination by the public.
Upon adoption, such copies shall be certified to by the Borough Secretary,
as provided by law, and such certified copies shall remain on file
in the office of the Borough Secretary, available to persons desiring
to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code, when passed and adopted in such form as
to indicate the intention of the Borough Council to be a part thereof,
shall be deemed to be incorporated into such Code so that reference
to the Code shall be understood and intended to include such changes.
Whenever such additions, deletions, amendments or supplements to the
Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code, as
amendments and supplements thereto.
It shall be the duty of the Borough Secretary,
or someone authorized and directed by him or her, to keep up-to-date
the certified copies of the book containing the Code required to be
filed in the office of the Borough Secretary for the use of the public.
All changes in said Code and all ordinances adopted by the Borough
Council subsequent to the effective date of this codification which
the Borough Council shall adopt specifically as part of the Code shall,
when finally adopted, be included therein by reference until such
changes or new ordinances are printed as supplements to said Code
books, at which time such supplements shall be inserted therein.
The Borough Secretary, pursuant to law, shall
cause to be published in the manner required a notice of the introduction
and of the adoption of the Code in a newspaper of general circulation
in the borough. The enactment and application of this ordinance, coupled
with the publication of the notices of introduction and adoption,
as required by law, and the availability of copies of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, or to alter or tamper
with the Code, or any part or portion thereof, in any manner whatsoever,
which will cause the law of the borough to be misrepresented thereby.
Anyone violating this section of this ordinance shall, upon conviction
thereof, be liable to the maximum penalty provided by law.
The provisions of this ordinance and of the
Code adopted hereby are severable, and if any clause, sentence, subsection,
section, Article or part thereof shall be adjudged by any court of
competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation and application
to the clause, sentence, subsection, section, Article or part thereof
rendered. It is hereby declared to be the intent of the Borough Council
that this ordinance and the Code would have been adopted if such illegal,
invalid or unconstitutional clause, sentence, subsection, section,
Article or part thereof had not been included therein.
All provisions of this ordinance and of the
Code shall be in force and effect on and after October 21, 1991.
[Adopted 9-20-2012 by Ord. No. 892; amended in its entirety 12-28-2016 by Ord. No. 926]
A.
It shall be the duty of the Borough Code Enforcement Officer or designee when he discovers a violation of Chapter 141, Streets and Sidewalks (specifically snow removal, § 141-34), and Chapter 111, Nuisances (specifically, § 111-1, Weeds) and Chapter 134A, Property Maintenance [specifically, the removal of rubbish and garbage (including junk vehicles) as set forth in Chapter 3 of the International Property Maintenance Code], Chapter 159, Vehicles, Abandoned (specifically, junk or abandoned vehicles, §§ 159-3, 159-4; 159-5) to notify the property owner by placing a notice on his/her door known as a "door knocker" or delivering a notification letter that they have 24 hours to correct the violation or face the progressive penalties set forth in this article. The property owner's failure to comply with the notice shall be deemed a first offense and shall be subject to the penalties set forth below. If the property owner does comply within the 24 hours and has a subsequent violation of the chapters they will be subject to the penalties of a first offense and shall not receive a second door-knocker warning or notification letter.
B.
Any person who fails to comply within 24 hours of the notice provided for in Subsection A and continues to violate the chapters listed in Subsection A, shall upon conviction be subject to in addition to the procedure and penalties set in Chapter 141, Streets and Sidewalks (specifically snow removal, § 141-34), and Chapter 111, Nuisances (specifically, § 111-1, Weeds) and Chapter 134A, Property Maintenance [specifically, the removal of rubbish and garbage (including junk vehicles) as set forth in Chapter 3 of the International Property Maintenance Code], Chapter 159, Vehicles, Abandoned (specifically, junk or abandoned vehicles, §§ 159-3, 159-4, 159-5) to a fine of $50 for the first offense; for subsequent offenses within a twelve-month period, a fine of $75 for the second offense; for subsequent offenses within the same twelve-month period, a fine of $100 for the third offense; and a fine of $100 for any fourth or subsequent offense within the same twelve-month period, together with costs of prosecution. The twelve-month period shall be calculated from the date of placement by the Code Officer of the door knocker or notification letter.
C.
The following procedure shall be implemented as part of this article
for the imposition of progressive fines for the continued violation
of the chapters set forth above:
Procedure for Progressive Fines
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1.
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Code Officer places door knocker or notification letter on the
property requiring compliance within 24 hours which constitutes a
first offense. The door knocker or notification letter will describe
all of the progressive penalties.
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2.
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If the property owner complies with the door knocker or notification
letter within the twenty-four-hour period, the fine of $50 for the
first offense is waived. However, if the property owner commits a
subsequent violation within a twelve-month period, the property owner
will be subject to a fine of $50 as this constitutes a first offense
violation.
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3.
|
If the property owner does not comply with the door knocker
or notification letter, the Code Officer writes a citation for failure
to comply within 24 hours and property owner is subject to a fine
of $50 for a first offense violation.
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4.
|
For a subsequent offense within a twelve-month period of the
original door knocker notification or notification letter, the property
owner is subject to a fine of $75 as this constitutes a second offense.
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5.
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For a subsequent offense within a twelve-month period of the
original door knocker notification or notification letter, the property
owner is subject to a fine of $100 as this constitutes a third offense.
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6.
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For all subsequent offenses within a twelve-month period of
the original door knocker notification or notification letter, the
property owner is subject to a fine of $100 as this constitutes a
fourth offense, fifth offense, etc., up to the maximum total fine
of $600.
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7.
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The twelve-month period shall be calculated from the date of
placement by the Code Officer of the door knocker or notification
letter.
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