PRIOR PRINTER'S NO. 1148 PRINTER'S NO. 1584
No. 966 Session of 1997
INTRODUCED BY FICHTER, DENT, M. N. WRIGHT, ITKIN, STABACK,
BELARDI, ARGALL, HERSHEY, CAWLEY, STERN, STURLA, CARONE,
RAYMOND, GEIST, MASLAND, SERAFINI, GLADECK, VAN HORNE,
BROWNE, L. I. COHEN, HENNESSEY, YOUNGBLOOD, RUBLEY, RAMOS,
STETLER, McGEEHAN, STEELMAN, CIVERA, McNAUGHTON, PETRONE AND
ROSS, MARCH 25, 1997
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 28, 1997
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for collection of fines and penalties; and
5 providing for collection of penalties for violations of
6 certain ordinances.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 3301 of the act of February 1, 1966 (1965
10 P.L.1656, No.581), known as The Borough Code, amended October 9,
11 1967 (P.L.399, No.181) and repealed in part April 28, 1978
12 (P.L.202, No.53), is amended to read:
13 Section 3301. Prosecution of Ordinance Violators;
14 Disposition of Fines, Penalties and Costs.--Any violation or
15 failure to comply with any provision of any borough ordinance
16 shall constitute a summary offense and prosecution for every
17 such offense shall be according to the practice in the case of
1 summary convictions, except as provided in section 3308.1(c).
2 Section 2. Section 3308 of the act, amended March 2, 1988
3 (P.L.103, No.18), is amended to read:
4 Section 3308. Collection of Penalties.--No fine or penalty
5 shall exceed one thousand dollars ($1,000) for [a violation of a
6 building, housing, property maintenance, health, fire or public
7 safety code or ordinance and for] water, air and noise pollution
8 violations, and shall not exceed six hundred dollars ($600) for
9 a violation of any other borough ordinance, except as provided
10 in section 3308.1.
11 Section 3. The act is amended by adding a section to read:
12 Section 3308.1. Collection of Penalties for Violations of
13 Building, Housing, Property Maintenance, Health, Fire, or Public
14 Safety Ordinances.--(a) No fine or penalty shall exceed one
15 thousand dollars ($1000) for a violation of a building, housing,
16 property maintenance, health, fire, or public safety ordinance,
17 except as provided in subsection (c).
18 (b) After FOR VIOLATIONS WHICH POSE A SERIOUS THREAT TO <--
19 HEALTH, SAFETY OR PROPERTY, AFTER thirty days from the initial
20 charge, each day that the violation continues shall MAY <--
21 constitute a separate violation, UNLESS A PERSON DEMONSTRATES A <--
22 GOOD FAITH EFFORT TO BEGIN ABATEMENT OF THE VIOLATION. If the
23 violation remains unabated after ninety days from the initial
24 charge, the owner of the real property in violation may
25 surrender title to the borough in lieu of payment of the accrued
26 penalties.
27 (c) Any person charged for a violation IN SUBSECTION (B) who <--
28 fails, without just cause, to begin abatement of the violation
29 within ninety days of the initial charge shall be guilty of OR <--
30 FAILS TO DEMONSTRATE THAT A GOOD FAITH EFFORT HAS BEEN MADE TO
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1 BEGIN ABATEMENT OF THE VIOLATION, COMMITS a misdemeanor of the
2 third degree and shall MAY, upon conviction, be sentenced to pay <--
3 a fine not to exceed two thousand five hundred dollars ($2,500)
4 and to undergo a sentence of not more than one year.
5 Section 4. This act shall take effect in 60 days.
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