Hazleton City Council approved final readings of a rewritten quality-of-life ordinance that sends violators before a magistrate, levies larger fines for violations that require immediate abatement and gives police and other city employees the power to ticket anyone who performs home improvements without displaying the appropriate permit.
Council cast consecutive 3-2 votes when approving final readings of a rewritten version of the law that Police Chief Frank DeAndrea and some members of council believe will be more effective than a previous draft that contained convoluted penalties and sent appeals before a local appeals officer.
"It wasn't working," DeAndrea said of an earlier version. "It got confusing because first, second and third offenses on a ticket (carried penalties of) $25, $50 and $100. If you didn't pay in 15 days, the fine increased by $25 per day up to day 31. Just keeping track of it was difficult."
The ordinance was intended to make code enforcement more productive and allow designated city officials to write a ticket without having to bring them before a magistrate, DeAndrea said.
"It would be like a parking ticket," the chief said. "If you get a ticket, you know to put money in the meter next time. That's what quality of life was supposed to do."
The ordinance, however, was not practical and could cost a property owner who didn't cut grass up to $475 in penalties if they didn't pay the original ticket, the chief said.
DeAndrea, who recently took over in a supervisory role for code enforcement, said the revised ordinance establishes a $100 fine for seven violations that require immediate abatement. They include operating a food cart illegally, operating or vending without the proper permit/license, storing hazardous materials, storing or serving potentially hazardous food, violating the terms of a vending license, failing to secure a temporary Dumpster permit and failing to display a city permit.
"I'm not giving you three days to continue to sell hazardous or spoiled food" before a person complies, the chief said.
Police, code, health, fire or any "public officer" can issue violation tickets immediately and can issue second and subsequent tickets if the above violations are not immediately addressed. That ability gives "teeth" to the ordinance, particularly in cases where a property owner or contractor is performing work without having the appropriate license.
"If you're doing something without a permit, I'm not giving you 48 hours (to get a permit)," DeAndrea said. "If you continue to work I can't stop you but I can continue to fine you. Every time you pick up a hammer, it's another fine. No contractor will want me to stand there with my ticket book with 25 tickets. I can write more tickets faster than you can work."
All other violations, which range from high weeds and motor vehicles to animal waste clean-up and littering - carry a $50 fine and must be remedied within 48 hours.
Violators have 20 days from the day a ticket is issued to pay or a citation will be filed with the magistrate.
Previously, people could appeal violations to appeals officer Mike Wilfing, but that provision has been removed from the version approved Wednesday.
"The only way to get (people) to conform with what the city is trying to do to better our quality of life is to bring some kind of hammer that the people are afraid of getting slapped with," DeAndrea said. "It could involve a magistrate and a warrant. You could be drug in front of a judge with the possibility of going to jail. It's a portion of the city causing this problem. Now it pays for them to be in compliance because it hurts when they're not."
After speaking with Magisterial District Judge Joseph Zola about the revised ordinance, Councilman Kevin Schadder said he believes the rewritten law will be easier to enforce - and should motivate people to comply.
Schadder said that he does not foresee any reason other than politics from council members who do not vote in support of rewritten law.
Councilman Jack Mundie previously objected to removing Wilfing from the appeals process while Councilwoman Jean Mope insisted politics prompted the city to change the law. At an appeals hearing, Wilfing sided with a person who was cited for placing a television out for trash collection.
Schadder said at Wednesday's council meeting that Mundie "goes out to eat" with Wilfing. Mundie laughed off the remark, but Wilfing told council from his seat in council chambers that he attends "church with the mayor, too."
About 900 citations were filed under the previous ordinance and only 32 people paid, Schadder noted.
Mope, meanwhile, said she hopes the third rewrite of the ordinance is the last.
"I like to get things done and have them done in a way that we all look professional," Mope said.