Ordinance No. 110
An
ordinance of Kennett Township establishing the procedure for the assessment and
enforcement of civil penalties for violation of Township Ordinances and
Regulations; appointing enforcement officers; establishing maximum penalties for
violations; providing for the collection of costs, fees and attorney's fees in
proceedings before the District Justice; providing for the amendment of all
Township Ordinances and Regulations that provide for criminal penalties and
proceedings inconsistent with the provisions of the Second Class Township Code,
as amended by Act 60 of 1995.
WHEREAS, Act 60 of 1995,
effective May 7, 1996, amended certain provisions of the Second Class Township
Code, including the procedure for the enforcement of violations of Township
Ordinances and Regulations and providing that such enforcement is by civil
process rather than criminal process; and
WHEREAS, the existing
Ordinances and Regulations of Kennett Township may refer to or provide for
enforcement by criminal process and the assessment of criminal fines; and
WHEREAS, Kennett Township
wishes to bring such provisions into compliance with Act 60 of 1995.
NOW THEREFORE, BE IT ENACTED AND
ORDAINED as follows:
1.
This ordinance shall be known as the Omnibus Ordinance for Civil
Enforcement for Ordinance Violations.
2.
In each instance that an ordinance or regulation of Kennett Township
refers to the imposition of a fine or criminal penalty for a violation of such
ordinance or regulation, such reference shall be deemed to refer to civil
penalty.
3.
In each instance which an ordinance or regulation of Kennett Township
shall refer to a summary or other criminal proceeding; provide for the issuance
of a criminal citation or summons or like criminal procedure or proceeding; or
provide for imprisonment for failure to pay any fine or penalty, such ordinance
or regulation shall be deemed to be amended by deleting said provisions and
incorporating in their place and stead the civil enforcement procedures and
penalties as provided for in this Ordinance.
4.
Any person who violates or permits the violation of any provision of an
ordinance or regulation of Kennett Township, whether such ordinance or
regulation was heretofore or hereafter adopted and enacted, shall, upon being
found liable in civil enforcement proceeding before a district justice or court
having jurisdiction pay a civil penalty, costs, fees and attorney's fees
assessed as provided for hereinafter.
(a)
The following Township officers or officials are designated Enforcement
Officers for the assessment and enforcement of violations of Township Ordinances
and Regulations: any Township
police officer; the Township Manager; the Township Code Enforcement Official.
(b)
The Township Code Enforcement Officer will determine in each instance
whether violation has occurred under the provisions of a Township Ordinance or
Regulation. Upon determination that
such violation has occurred, a Notice of Violation, generally in the form
attached hereto, shall be directed to the violator, hereinafter referred to as
defendant. Such notice shall be
served on the defendant in person or directed to the defendant by First Class
U.S. Mail, postage prepaid, at the last known address of defendant as determined
by the enforcement officer.
(c)
The Enforcement Officer shall assess a penalty for each violation in such
amount as such officer shall determine, but limited as follows: For violations
of a building, housing, property maintenance, health, fire or public safety code
or ordinance, and for water, air and noise pollution violations not exceeding
$1,000; for violation of any other Township ordinance or regulations not
exceeding $600. Each day that a
violation continues unabated may be assessed as a separate violation.
(d)
The Enforcement Officer may, in that officer's discretion, provide for a
reasonable period of time, not to exceed thirty (30) days (grace period), for
the defendant to abate such violation, during which grace period no penalty
shall be imposed provided that the violation is abated prior to the expiration
of such period.
5.
In the event defendant fails to pay the penalty as assessed, or to cure
the violation within the time set forth in the Notice of Violation, the
Enforcement Officer may proceed to file enforcement proceedings to collect a
civil penalty before a district magistrate, or a court of record having
jurisdiction. Thereafter, the
enforcement proceedings shall proceed as provided for by law.
Any complaint filed with the district magistrate or court, in addition to
the penalty assessed by the Code Enforcement Officer, may include a claim for
all court costs and fees and reasonable attorney's fees of the Township, such
attorney's fees not to exceed the amount of assessed penalty.
6.
Determination by the court having jurisdiction that any provision of this
ordinance is invalid, unenforceable or unconstitutional will not affect the
validity or enforceability of the remaining provisions, which shall be deemed to
be separate and apart from the provisions so determined.
7.
The provisions of any ordinance or regulation of Kennett Township which
are inconsistent with the provisions of this ordinance shall be deemed to be
supplemented and amended to be consistent with this Ordinance.
8.
The provisions of this ordinance shall not be effective with respect to
any ordinance or regulation adopted pursuant to the Municipalities Planning
Code, Act of 1969, P.L. 805, No. 247 as re-enacted and amended.
ENACTED
AND ORDAINED this 16th day of September, 1996.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
Attest:
______________________
______________________
Charles G. Shoemaker
Secretary-Treasurer
______________________
James C. Henderson
______________________
Michael E. Elling