Commonwealth v. Daugherty

CONCURRING AND DISSENTING OPINION BY

Judge COHN.

I respectfully concur in part and dissent in part from the majority opinion.

I agree with the majority’s thorough analysis and holding that the Borough’s Code Enforcement Officer was authorized to institute summary criminal proceedings for a violation of a municipal ordinance. However, I do not agree with the majority’s conclusion that the trial court erred in finding Property Owner guilty of violating Borough Ordinance No. 339, specifically, Section 2905.2 of the BOCA Code.

Section 2905.2 sets out the requirement for building owners: Required…