§ 390-41. Violations and penalties.

A. 

Any person, including the registered owner of any vehicle, who violates any provision of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $600, plus costs, and, in default of payment of such fine and costs, imprisonment for a term not exceeding 30 days.

B. 

Each day that a violation of this article continues shall constitute a separate offense.

C. 

When a law enforcement officer and/or a Code Enforcement Officer or his or her designee shall determine that a dumpster as defined in § 390-33 is being maintained on public or private property in violation of the terms of this section of this article, said law enforcement officer and/or Code Enforcement Officer or the respective Code Enforcement Officer designee shall notify the owner of the subject property according to sections of this article directing the owner to correct the violation and come into full compliance with the terms of this article within 10 days of receipt of notification that the dumpster has remained on public or private property in excess of the duration in the permit. In the event no action is taken, the Borough Law Enforcement Officer and/or Code Enforcement Officer or his or her designee shall be permitted to remove the dumpster. The Borough Council may direct the removal of the dumpster as the case may be and to certify the costs thereof to the Borough Solicitor. The Borough shall send notice of the cost to the property owner who shall pay said invoice within 10 days of receipt. In the event of failure to pay, pursuant to 53 P.S. 48401 the cost of such removal, repair or alterations shall be a lien upon such premises from the time of such removal, which date shall be determined by the certificate of the person doing such work, filed with the Borough. The Borough shall also have the right pursuant to 53 P.S. 48401 to pursue any other civil and/or equitable remedies permitted by law to obtain repayment of any and all costs incurred in enforcing this article.

[Added 3-14-2013 by Ord. No. 2013-04]

Amended 4-8-2010 by Ord. No. 2010-03; 6-14-2012 by Ord. No. 2012-08