(A) Criminal penalties. Any person who violates any provision of this chapter or any order of the township issued pursuant to this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500 for each separate offense and, in default of the payment of such fine, may be sentenced to imprisonment for 90 days for each separate offense. Employees of the township authorized to conduct inspections or investigations are hereby declared to be law enforcement officers authorized to issue or file citations for summary violations under this chapter, and the Township Board of Supervisors are hereby authorized to prosecute these offenses. For purposes of this section, a summary offense may be prosecuted before any District Justice in this township. There is no accelerated rehabilitative disposition authorized for a summary offense.
(1987 Code, § 42-8)
(B) Civil penalties.
(1) When the township proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full; or if the person wishes to contest the amount of the penalty or the fact of the violation to the extent not already established, the person shall forward the proposed amount of the penalty to the Board of Supervisors within the 30-day period for placement in an escrow account with the State Treasurer or any other commonwealth bank or post an appeal bond to the Board of Supervisors within 30 days in the amount of the proposed penalty, provided that such bond is executed by a surety licensed to do business in the commonwealth and is satisfactory to the township. If, through administrative or final judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of penalty shall be reduced, the Board of Supervisors shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond at the time of the appeal shall result in a waiver of all legal rights to contest the violation or the amount of the civil penalty unless the appellant alleges financial inability to repay the penalty or to post the appeal bond. The Board of Supervisors shall conduct a hearing to consider the appellant’s alleged inability to pay within 30 days of the date of the appeal. The Board of Supervisors may waive the requirement to prepay the civil penalty or to post an appeal bond if the appellant demonstrates and the Board of Supervisors finds that the appellant is financially unable to pay. The Board of Supervisors shall issue an order within 30 days of the hearing to consider the appellant’s alleged inability to pay.
(2) The amount assessed after the administrative hearing or after waiver of the administrative hearing shall be payable to the township and shall be collectable in any manner provided by law for the collection of debts, including the collection of interest on the penalty amount computed in accordance with § 9921(a)(2) of the Internal Revenue Code of 1986 (filing of a notice of lien under this section).
(1987 Code, § 42-9)
(Ord. 7-2001, passed 9-5-2001)