(1) The penalty for violation of any provision of this Chapter, except Section 10-710, Section 10-722, or Section 10-717.1 shall be a fine of one thousand dollars ($1,000) for each violation. The penalty for a violation of Section 10-717.1 of this Chapter shall be a fine of five hundred dollars ($500). 204
(a) a minimum fine of two thousand dollars ($2,000) per offense and, if authorized by the General Assembly, a maximum fine of twenty-five thousand dollars ($25,000) per offense.
(b) such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped trash, garbage or debris or to clean up other sites where short dumping has occurred. 206
(3) In addition to the liability of a property owner for a cleanup of trash, debris and waste on the owner's property, a violator of any provision of Section 10-710 (Dumping of Debris and Short Dumping) shall be jointly liable for all costs incurred by the City for cleanup where a violation has occurred. Legal interest shall accrue for any amount not paid within thirty (30) days from the date a bill for costs incurred is provided to the violator. 207
(4) The penalty for violation of subsection 10-710(2) shall be:
(a) a fine of up to five thousand dollars ($5,000);
(b) the forfeiture of any property, including any vehicle, used to violate subsection 10-710(2), regardless of the value of that property, pursuant to the procedures set forth in 42 Pa. C.S. § 5805, with the City and the City Solicitor substituted for the Commonwealth, the Attorney General and District Attorney, as appropriate; and 208
(c) such equitable remedy as the court may deem proper, including, without limitation, an order to clean up the location at which the violator dumped trash, garbage or debris or to clean up other sites where short dumping has occurred or to pay the costs of cleanup. 209
(4.1) The Department of Licenses and Inspections may revoke the commercial activity license of any person, for a period not to exceed one year, for a violation of subsection 10-710(2). In making a determination regarding whether and for how long to revoke, the Department shall consider the recommendation of the enforcing agency, the willfulness of the violation and any past violations. 210
(5) Upon imposition of a fine or penalty against any person for violation of subsection 10-710(2), the Police Department shall notify the Pennsylvania Department of Transportation, in accordance with the provisions of Act 227 of 2004, for appropriate sanctions thereunder.
(6) The penalty for a violation of Section 10-722 shall be a fine of at least three hundred dollars ($300) and no more than one thousand five hundred dollars ($1,500) for each violation. A violation shall subject the violator to such equitable remedy as the Court may deem proper, including, without limitation, an order to remove or clean a dumpster.
(7) The City may seize any dumpster located in the public right-of-way that is not validly licensed under Section 10-722. If the owner of such dumpster can be identified and appropriate contact information is readily available, 24 hours notice of intent to seize the dumpster shall be provided before seizure. Such dumpster shall be returned to the owner upon payment of: (i) the costs incurred by the City in seizing, transporting and storing such dumpster; and (ii) payment of a fine of one thousand five hundred dollars ($1,500), provided that the owner shall be entitled to recovery of the dumpster pursuant to the procedures set forth in Code Section 12-2406.
(8) Upon certification by the Department of Streets of adoption of an electronically-based notification system for immediate notification of the City's determination of violations, notices of violation of Section 10-722 served upon those who have provided an electronic address for notification purposes shall be served by such electronic means.
(9) Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.
(10) Any fine or costs imposed by the court shall be entered as a judgment against the violator.
(11) Any fine or other sanction imposed by the Court shall be paid or satisfied within ten (10) days of its imposition. If the fine or sanction together with any court cost is not paid or satisfied within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided for by law. 212
Notes
| 203 | Amended, 1981 Ordinances, p. 367; amended, Bill No. 041070 (approved May 4, 2005); subsections (6), (7) and (8) added and subsequent subsections renumbered by Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010. |
| 204 | Amended, 1983 Ordinances, p. 1129; amended, 1993 Ordinances, p. 1014; amended, Bill No. 080523 (approved July 2, 2008); amended, Bill No. 090215 (approved May 27, 2009); amended, Bill No. 090221 (approved May 27, 2009); amended, Bill No. 090123-AAA (approved October 21, 2009), effective July 1, 2010; amended, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010; amended, Bill No. 210451 (approved July 15, 2021). |
| 205 | |
| 206 | |
| 207 | |
| 208 | Amended, Bill No. 170715 (approved October 25, 2017). |
| 209 | Amended, Bill No. 090670 (approved November 4, 2009). |
| 210 | |
| 211 | Added, Bill No. 180465 (became law September 13, 2018). |
| 212 | Amended, 1983 Ordinances, p. 1129. |