Presenter
Presented by Ms. McDonald
AS AMENDED
Title
An Ordinance supplementing the Pittsburgh Code Title I Administrative, Section 101.09 Penalty and Nuisance Abatement by adding subsection (e) granting prosecutorial authority to private citizens.
Body
Be it resolved by the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. Supplementing the Pittsburgh Code, Title I Administrative, Section 101.09 Penalty and Nuisance Abatement by adding subsection (e) as follows:
(e)"Any private person is hereby authorized to institute a criminal proceeding in a summary case by filing a complaint (Rule 420, Pa.R.Crim.P.) with a City Magistrate where the action arises under Chapter 419.03 Removal of Snow and Ice, Chapter 609, Weeds and Grass; Chapter 619, Refuse Collection and Recycling; Chapter 620 Graffiti Abatement Title 9, Zoning; or Title 10, Building, or any rule or regulation promulgated thereunder. A City Magistrate shall decide whether to issue process. (Rule 421, Pa.R.Crim.P.). The City Magistrate shall not issue process for a private right of action complaint, wherein the City has pending action addressing the same or similar complaint. In addition, process shall may not issue unless proof of service on defendant is made and 30 days from the date has passed and the alleged condition remains unabated. Proof of service shall include a copy of the complaint and a notice of the availability of Alternative Dispute Resolution. If the issuing authority decides to issue process, a summons shall be issued from Housing Court in accordance with the Rules of Criminal Procedure. (Rule 421, Pa.R.Crim.P.).
This grant of prosecutorial authority shall be in addition to and not in derogation of the powers and duties of the City of Pittsburgh or its designated officials set forth in Titles Six, Nine or Ten of this Code, and nothing herein shall be construed to alter, reduce or limit those powers and duties."
Section 2. This Ordinance shall become effective within (90) days after approval.