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Proposed Revision of Sign Ordinance

This shows the revisions to the Sign Ordinance as they would be written into the complete ordinance. Deletions are marked with a strike-through. Additions are marked in red, italicized, and underlined. - Revised Draft - Bill No. 5

Ordinance No: 1449
Introduced: March 13, 2006
By: David McIntire
Adopted: May 8, 2006
SIGN ORDINANCE
CITY OF CONNELLSVILLE
FAYETTE COUNTY, PENNSYLVANIA

ARTICLE I - PRELIMINARY PROVISIONS

Section 101 Title. This Ordinance shall be known as the Sign Ordinance of the City of Connellsville, Fayette County, Pennsylvania.

Section 102 Purpose. The purpose of this Ordinance is to protect the safety and orderly development of the community through the regulation of signs and sign structures.

ARTICLE II - DEFINITIONS

Section 201. For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural, the singular; the word, "building", shall include the word, "structure", and the word "shall", is mandatory and not directory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". Except where specifically defined, all words used in this Ordinance shall carry their customary meanings.

Accessory Use or Structure: A use or structure (such as an automobile garage on a residential lot) incident to the main use of the land or building. In buildings restricted to residential use, the office of a professional person, customary home occupations, and workshops not conducted for compensation shall be deemed accessory uses. A roadside stand for sale of farm products conducted solely by the farm operator shall be considered an accessory use. In business or industrial zoning districts, one mobile home, apartment or single family dwelling erected by the landowner for occupancy by the owner or his employee to provide security for the main use of the land or building shall be considered an accessory use. (As amended, Ord. 78-27).

Building: Any structure used or constructed for the shelter or protection of persons, animals, or chattels.

Building, Front Line Of: The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.

Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Business Classification:

a) Retail Sales: food markets, drugstores, haberdashers, stationers, newsdealers, apparel shops, show rooms, flower shops and similar uses.

b) Food Service: eating and drinking establishments and similar uses.

c) Business Service: banks, office buildings, postal stations and similar uses.

d) Clothing Service: laundry agencies, self-service laundries, dressmaking millinery, shoe repair and dry cleaning and pressing establishments employing not more than four (4) persons on any shift and using only cleaning materials safe from fire hazards, and similar uses.

e) Equipment Service: radio shops, electric appliance shops, record shops and similar uses.

f) Personal Service: barber shops, beauty salons, reducing salons, photographic studios and similar uses.

City Code Official: The City Code Official or his authorized representative as appointed by the City Council of the City of Connellsville. Responsible for creating and implementing procedures in accordance with the provisions of this code.

Districts, Zoning Districts: Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the "district map" which is part of this Ordinance.

Dwelling, Single Family: A building designated for or occupied by one (1) family, constructed on the site, permanently attached to a fully enclosed foundation.

Dwelling, Two-Family: A building designed for or occupied by two (2) families, constructed on the site, permanently attached to a fully enclosed foundation.

Dwelling, Multiple Apartment: A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, flats, row houses, garden apartments, townhouses and condominiums.

Entertainment Facilities: Commercial Recreation: Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.

Essential Services: The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection communication, supply pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

Family: One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises as distinguished from a group occupying a boarding house or hotel.

Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street-or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Home Occupation: Any occupation or activity within a single or two-family dwelling conducted by persons residing in the dwelling provided that no display other than a small sign as provided in Section 704 will indicate from the exterior that the dwelling is being used in part for any purpose other than that of a residence.

Lot: For zoning purposes, as covered by this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and open spaces as are herein required and having frontage on a road, street or highway. A lot mayor may not consist of a single lot of record.

Lot Coverage: Lot coverage shall be the ratio of enclosed ground floor area of the principal buildings to the total area of the lot, expressed as a percentage.

Lot of Record: Any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder of Deeds of Fayette County.

Lot Minimum Area Of: The area of a lot computed exclusively of any portion of the right-of-way of any public thoroughfare.

Lot Width: The width of a lot at the front building line measured at right angles to its depth. The width of lots fronting on curved streets shall be the chord distance between points of intersection of the side lot lines with the curve coinciding with the required depth of the front yard.

Multiple-Dwelling Use: Two or more two-family or multiple dwelling buildings situate upon an undivided lot in such a manner that separate lots conforming to the requirements for two-family and multiple dwelling buildings in the district could not be provided.

Neighborhood Business: Retail and service establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise or other objectionable influence.

Nonconforming Use: Any lawful use of a building or land existing at the effective date of adoption or amendment of this Ordinance and which does not conform to the regulations of the district in which it is situated.

Nonconforming Lot of Record: A legally recorded lot which fails to meet the area or width requirements at the effective date of adoption or amendment of this Ordinance.

Outdoor Advertising Structure: Any sign or billboard which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the premises or on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located. Any sign or billboard not attached to a building structure which directs attention to a business, commodity, service or form of entertainment that is conducted, sold or offered in a location other tha n the premises where the sign is displayed.

Professional Activity: The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers and clergymen.

Professional Activity, Limited: Services provided by doctors, dentists, lawyers, architects, engineers, clergy, and persons engaged in real estate, insurance and the like.

Public Uses: Public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

Recreational Facilities, Noncommercial: Country Clubs, riding stables, golf courses, and other private noncommercial recreation areas and facilities or recreation centers including private community or club swimming pools.

Recreational Facilities, Restricted Commercial: Semipublic and public golf courses; boat docks and fishing piers; boat launching, maintenance, repair and fueling facilities; ski facilities including lodges; and resorts including camping.

Recreational Facilities, Commercial: See entertainment facilities.

Residential District Uses: Residential district uses are those defined herein and permitted in the district for residential purposes.

Road: Any public or private right-of-way, highway, street, lane, square, court or way set aside as a permanent right-of-way for public travel.

Semipublic Uses: Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.

Signs: Any surface, fabric or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposes to public view; or any structure (including billboard or poster panel) designed to carry the above visual information.

Sign, Advertising: A sign which directs attention to a business, commodity, service or entertainment, conducted, sold or offered only elsewhere than upon the premises where the sign is displayed or as a minor and incidental activity upon the premises where the sign is displayed. An object attached to a building structure used to convey, promote, or direct attention to a business, commodity, service or form of entertainment that is conducted or sold:

a) in a location other than the premises where the sign is displayed or

b) as a minor or incidental activity upon the premises where the sign is displayed.

Sign, Business: A sign which directs attention to a business, profession or industry located upon the premises where the sign is displayed, to the type of products sold, manufactured, or assembled, and/or to service or entertainment offered on said premises; except a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

Sign, Historic: A sign which refers to a business, profession, industry, product or event that has become obsolete but has historic value to the greater community. These signs must be certified by Connellsville City Council, comply with the "Maintenance" provisions of this code and are exempt from the "Obsolete Copy" and "Fee" provisions of this code.

Sign, Identification: A sign used to identify only; the name of the individual or organization occupying the premises; the profession of the occupant; the name of the building on which the sign is displayed.

Sign, Inside Neon: A lighted neon sign that is designed to draw attention to a business and his hung on the inside of a window facing out and into the public view.

Sign, Overhead Banner: A sign that crosses any state highway, roadway, street, or alley in the City of Connellsville.

Sign, Sandwich-board: A moveable sign that is placed on the sidewalk to advertises the services and or wares of the primary source of business where they are located. No larger than six (6) square feet in area and no wider than half of the width of the sidewalk where they are to be placed.

Street Right-Of-Way Line: A dividing line between a lot, tract or parcels of land and contiguous street.

Structural Alterations: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams, or girder.

Structure: Anything constructed, the use of which requires permanent location on the ground or is attached to something having such location.

Variance: A variance is a relaxation of requirements where the same will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, Front: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof, other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porches.

Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, uncovered balconies or uncovered porches.

Yard, Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.

Zoning Certificate: The document issued by the Zoning Inspector authorizing the use of the land or building.

Zoning District Map: The zoning district map or maps of the City of Connellsville, together with all amendments.

Zoning Inspector: The Zoning Inspector or his authorized representative appointed by the City Council of the City of Connellsville.

ARTICLE III – GENERAL PROVISIONS

Section 301 Conformance to Codes. Any sign hereafter erected shall conform to the provisions of this Ordinance and the provisions of the International Building Code and of any other ordinance or regulation within the City of Connellsville.

Section 302 Signs in Rights-of-Way. No sign other than an official traffic sign or similar sign shall be erected within two (2) feet of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of the City of Connellsville or by specific authorization of the City Code Official.

Section 303 Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location whereby its position, shape or color may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

Section 304 Maintenance, Repair and Removal. Every sign permitted by this Ordinance shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the City Code Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Ordinance, the owner thereof or the person or firm using same shall, upon written notice by the City Code Official forthwith in the case of immediate danger, and in any case within not more than ten (10) days, make such sign conform to the provisions of this Ordinance, or shall remove it. If within ten (10) days the Order is not complied with, the City Code Official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.

Section 305 Obsolete Sign Copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within thirty (30) days after written notification from the City Code Official; and upon failure to comply with such notice, the City Code Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.

Section 306 Nonconforming Signs. Any sign legally existing at the time of the passage of this Ordinance that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time it is either abandoned or removed by its owner, subject to the following limitations:

a) Structural alterations, enlargement or re-erection are permissible only where such alterations will not increase the degree of nonconformity of the signs.

b) Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds fifty (50) percent of the replacement cost of the sign as determined by the City Code Official.

c) Signs that comply with either Item a or b above need not be permitted.

Section 307 Historic Signs. For a sign to be declared historic it must meet the following requirements:

a) Have sentimental value to the greater community,

b) Be certified by City Council via resolution.

ARTICLE IV – EXEMPT SIGNS

Section 401 Exempt Signs. The following signs shall be exempt from the provisions of this Ordinance. No sign shall be exempt from the provision of Article III, Section 303 regarding traffic visibility < u>or Article III, Section 304 regarding maintenance, repair or removal.

a) Official public notices authorized by a court, public body or public safety official.

b) Traffic control signs, directional, warning or information signs authorized by federal, state or municipal governments.

c) Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of a noncombustible material and made an integral part of the building or structure. The flag of a government or noncommercial institution, such as a school.

d) Religious symbols and seasonal decorations within the appropriate public holiday season.

e) Street address signs and combination name plate and street address signs that contain no advertising copy and which do not exceed six (6) square feet.

f) “Historic Signs" that have been approved by City Council.

ARTICLE V - PROHBITED SIGNS

Section 501 Prohibited Signs. The following devices and locations shall be specifically prohibited:

a) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

b) Except as provided for elsewhere in this Ordinance, signs encroaching upon or overhanging public rights of way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.

c) Signs which blink, flash, or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.

ARTICLE VI - PERMITS

Section 601 Permits Required. Unless specifically exempted by this Ordinance, a permit must be obtained from the City Code Official for the erection and maintenance of all signs erected or maintained within the City of Connellsville and in accordance with other ordinances of the City of Connellsville. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this Ordinance.

Section 602 Construction Documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the City Code Official showing the dimensions, materials and required details of construction, including loads, stresses, anchorage, and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the International Building Code.

Section 603 Changes to Signs. No signs shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign, shall not be deemed a structural alteration.

Section 604 Permit Fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted for the City of Connellsville.

Section 605 Overhead Banners & Signs . Must apply with the City Code Official at least twenty (20) days prior to the event and comply with all provisions of Penn Dot Publication 46, Section 1.10.14, the Sign and Banners across State Highways.

ARTICLE VII - SIGN CATEGORIES

Section 701 Advertising Signs and Outdoor Advertising Structures. Advertising signs and outdoor advertising structures shall be permitted in only commercial districts and in industrial districts, and confined to the Route 119 Memorial Boulevard corridor and shall be permitted only if in accordance with the following requirements:

a) Advertising signs and outdoor advertising structures, where permitted, shall be set back from the established right of way line of any street or highway at least as far as the required front yard depth for a principal building in such district, provided that for every square foot by which such signs or billboards exceed eighty (80) square feet, such setbacks shall be increased by one-half foot but need not exceed one hundred (100) feet from the established right-of-way line, except that at any State or Federal highway intersection the setback of any outdoor advertising sign shall not be less than one hundred (100) feet from the established right-of-way line of each intersecting highway or street.

b) Advertising signs and outdoor advertising structures shall not be located any closer than six (6) feet to any side lot line.

c) An advertising sign or outdoor advertising structure shall not be permitted if its face is visible from a front or side lot line of any lot in any residential district and is located within one hundred (100) feet of such lot line. An advertising sign shall not be permitted which faces any public parkway, public square, public or parochial school, library, church or similar institution, or the entrance to any public park and is located within three hundred (300) feet thereof.

d) "Advertising signs" and "Outdoor advertising structures" shall be limited to: a total of ten (10) along the Route 119 Memorial Boulevard corridor.

i . A total of ten (10) along the Route 119 Memorial Boulevard corridor.

ii . Not permitted along the Pittsburgh Street or Crawford Avenue corridors.

e) No "advertising sign" or "outdoor advertising structure" shall be within one hundred fifty (150) linear feet of another "advertising sign" or "outdoor advertising structure."

f) No "advertising sign" or "outdoor advertising structure" shall be larger than one hundred (100) square feet including the frame therein.

g) No "advertising sign" or "outdoor advertising structure" shall block or partially obscure the view of the Youghiogheny River from the passenger of any vehicle traveling Route 119 Memorial Boulevard.

h) No "advertising sign" or "outdoor advertising structure" shall be higher than 18 (eighteen) feet at the uppermost point of height.

i) All "advertising signs" and "outdoor advertising structures" shall be limited to two sides of advertising.

j) The permitting fees for all "advertising signs" and "outdoor advertising structures" shall be $100.00 for up to 10 (ten) square feet and a $10.00 additional fee per 10 square feet of sign. k) An annual fee shall be paid to the City of Connellsville in the amount of $100.00 (one hundred) per "advertising sign" and/ or "Outdoor advertising structure." The following shall be specifically exempt from the $100 fee:

i . Non-profit organizations including but not limited to the Chamber of Commerce, schools, churches, and volunteer fire departments. ii . Temporary signs advertising a specific event that are publicly displayed for not longer than seven (7) days.

iii . Signs declared as "Historic" as defined above.

Section 702 Real Estate Signs. Real estate signs, advertising a sale, rental or lease of the premises on which they are maintained and not over twelve (12) square feet in aggregate area shall be permitted in any district on any lot fifty (50) feet or less in width. Larger signs shall be permitted for two or more lots in single ownership or for properties with frontages in excess of one hundred (100) feet provided that such signs shall not exceed a maximum area of two hundred fifty (250) square feet and provided that such signs shall be set back from every street lot line at least a distance in feet equal to the number of square feet in the area of the sign, but such setbacks shall not be less than the least depth of the required front yard, and need not be more than one hundred (100) feet, provided, however, that such real estate sign, not exceeding six (6) square feet in area and when attached flat against the building to which it pertains, shall be permitted in any case.

Section 703 Business Signs. Business signs shall be permitted in commercial and industrial districts.

In any district, business signs of the wall sign type, associated with a nonconforming use, shall be permitted if located on the same premises as such use and if it does not exceed in the aggregate twenty (20) square feet in area or two (2) feet in height or width. All business signs shall be set back from the established right-of-way line of any street or highway at least twenty-five (25) feet and shall not be located closer than six (6) feet to any other property line.

Section 704 Identification Signs. Identification signs shall be permitted in any district in accordance with the following requirements:

a) Small announcement or professional signs for home occupations, where permitted, shall not exceed one (1) square feet in area. These signs shall not be lighted.

b) All identification signs shall be set back from the established right-of-way line of any street or highway at least twenty-five (25) feet and shall not be located closer than sixty (60) feet to any other property line.

Section 705 Announcement Signs. A church, school, community center or other public or semi-public institution or building and a nursery school, child care clinic, tourist home, mortuary and other similar activity, where permitted, may have for its own use an announcement sign or bulletin board not over fifteen (15) square feet in area, which if not attached flat against the building, shall be at least twelve (12) feet from the established right-of-way line of any street or highway.

Section 706 Temporary Signs. Any sign used on a temporary basis to advertise a yard sale, garage sale, porch sale, auction, bridal shower, birthday party, reception, private celebration or private sale shall be permitted for a total period of five days. Signs shall be removed and discarded by the applicant no later than 12:00 o'clock midnight on the fifth (5) day of the permitted sign period. Fines shall be imposed at the per diam rate of $100.00 for all violations.

Any temporary sign used to advertise a future business location shall be registered at the Connellsville Municipal Building. Said signs shall be permitted for a total period of thirty (30) days. The applicant must remove the sign no later than 12:00 o'clock midnight on the thirtieth (30) day of the permitted sign period. All violations shall be subject to a per diem fine of $10.00.

Any sign not specifically addressed in this ordinance will be defined as a Temporary Sign and subject to all the rules and restrictions here in enumerated.

Section 707 Signs, Sandwich-Board. All sandwich-board signs are exempt from the permitting process and are not considered an “Outdoor Advertising Structure” and as such not subject to yearly fees. All Sandwich-Board signs are to be displayed only while the business, for which they are advertising, is open. In situation where sidewalk traffic may be restricted for any reason, Sandwich-Board signs are not permitted to be utilized.

ARTICLE VIII - ILLUMINATION OF SIGNS

Section 801 Illumination of Signs. All the signs referred to in this Ordinance may be illuminated, provided:

a) the source of light is not visible to and is arranged to reflect away from the adjoining premises.

b) No sign or lighting shall be placed so as to cause confusion or conflict with traffic control signs or lights.

c) No illuminated sign shall be exempt from the requirements set forth at ARTICLE V herein.

d) No Sign, Inside Neon, may be illuminated while the business is not open.

ARTICLE IX - SIGNS FOR DEVELOPMENT COMPLEXES

Section 901 Master Sign Plan Required. All landlord or single owner controlled multiple-occupancy development complexes on parcels exceeding eight (8) acres in size, such as shopping centers or planned industrial parks, shall submit to the City Code Official a master signed plan prior to issuance of new sign permits. The master signed plan shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following:

a) Proposed sign locations. b) Materials used in the sign. c) Type of illumination. d) Design of free-standing sign structures. e) Size. - Revised Draft - f) Quantity. g) Uniform standards for non-business signage, including directional and information signs.

Section 902 Development Complex Sign. In addition to the free-standing business identification signs otherwise allowed by this Ordinance, every multiple-occupancy development complex shall be entitled to one (1) free-standing sign per street front, at the maximum size permitted for business identification free-standing signs, to identify the development complex. No business identification shall be permitted on a development complex sign. Any free-standing sign otherwise permitted under this Ordinance may identify the name of the development complex.

Section 903 Compliance with Master Sign Plan. All applications for sign permits for signage within a multiple-occupancy development complex shall comply with the master sign plan.

Section 904 Amendments. Any amendments to a master sign plan must be signed and approved by the owner(s) within the development complex and approved by the City Code Official before such amendment will become effective.

ARTICLE X – VIOLATIONS

Section 1001 Unlawful Acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.

Section 1002 Notice of Violation. The code official shall serve a notice of violation or order in accordance with the Third Class City Code.

Section 1003 Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with the Third Class City Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation of this code or of the order or direction made pursuant thereto.

Section 1004 Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense and shall fined at a per diam rate of $100 (unless specifically described above).

Section 1005 Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation.

ARTICAL XI – REPEALER

All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed.

ARTICAL XII – SEVERABILITY

If any sentence, clause, section, or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or part of this Ordinance. It is hereby declared as the intent of the City Council of the City of Connellsville that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

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