A. Authorized retrieval and responsibility therefor.
(1) Abatement and costs/billing. The City of Reading is authorized to pick up, abate and/or remove violations of this Part, including, but not limited to, items not picked up by the property's licensed hauler, placement of bags for retrieval in excess of that permitted, dumping or items placed improperly. Alternatively, the City may contract for part or all of these services. The City of Reading shall obtain documentation of such violations and note the address thereof prior to retrieval of said violations. The City, or its contractor, shall verify said violations, provide documentation of their removal, and generate an invoice for said services. The Public Works Director, or his/her designee, will coordinate with the Property Maintenance Division to issue a bill to the owner of the property from where the violation was retrieved for the costs it incurred to abate the violation. The City, or its contractor's removal of the violation and issuance of the City of a bill, therefor shall not be exclusive remedy for abatement of such violations. The City reserves the right to undertake any additional action for such violation including but not limited to commencing any appropriate legal action to recover costs for the abatement and/or commencement of penalty proceedings as set forth herein.
(2) Means of appeal.
(a) Application for appeal. Any person aggrieved by the aforesaid procedure to abate, bill and collect costs for abatement of violations of this Part as set forth above in Subsection A(1) shall have the right to appeal to the Codes and License Appeals Board, Chapter 23 Part 14, by filing an appeal request in writing with the Property Maintenance Division Manager within 15 days after issuance of the bill for collection of costs for abatement of violation of this Part per above. An administrative fee specified in Chapter 212 Fees shall be charged for each appeal. The appeal fee shall be refunded if the appeal is approved by the Code and License Appeals Board.
(i) Administration. The Public Works Director, or his/her designee, shall take immediate action in accordance with the decision of the Board.
(b) Judicial review. Any appeal of the Board's decision shall be made to the appropriate court of jurisdiction in the manner and time required by law.
(c) Stays of enforcement. Appeals of decisions of the Board shall stay the enforcement and collection of the bill for costs of abatement of violation of this Part as provided for in Subsection A(1).
B. Violations and penalty.
(1) Prosecution of violation. In addition to abating a violation of this Part and billing for costs of said abatement as provided for in Subsection A(1) herein, at the discretion of the City of Reading, legal proceedings in the form of summary offense shall be commenced by the appropriate authority with enforcement power against any person failing to comply with the provisions of this Part and the violation shall be deemed a strict liability offense. At the discretion of the City of Reading, any action taken thereby on such premises to abate the violation shall be charged against the real estate upon which the structure is located and requested as restitution in any legal proceedings or shall be a lien upon such real estate in lieu of billing of costs for such abatement as provided for in Subsection A(1).
(2) Penalties.
(a) Any person or entity found to be in violation of any provision of this Part shall, upon first conviction, be fined not less than $50 but not more than $300 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. If costs for abatement are incurred by the City, restitution of 200% of the costs shall be awarded to the City in addition to any fines or other penalties awarded herein. Owner shall also be required to provide a receipt from a licensed trash hauler for one year of prepaid trash collection service.
(b) Upon second or subsequent offenses occurring within five years of a first offense, fines shall be doubled, to a minimum fine of $100 but not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. If costs for abatement are incurred by the City, restitution of 200% of the costs shall be awarded to the City in addition to any fines or other penalties awarded herein. Owner shall also be required to provide a receipt from a licensed trash hauler for one year of prepaid trash collection service.
(c) Every violator of the provisions of this Part shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every separate offense.
C. Enforcement. The City's Property Maintenance Division, Department of Public Works, the Police Department and any other City-designated enforcement officers are authorized and directed to enforce this Part. The Director of the Department of Public Works is hereby authorized and directed to promulgate and establish reasonable rules and regulations for the collection, storage and disposal of solid waste and designated recyclable materials in accordance with the terms herein and any other matters required to implement this Part. The City may change, modify, repeal or amend any portion of said rules and regulations at any time.
D. Forfeiture and seizure. Any person or entity violating relevant provisions of this Part, including collection of trash outside of the zoned collection day, may be subject to forfeiture and seizure of property as set forth in 53 P.S. § 4000.1715 and 25 Pa. Code § 271.431.