Borough of Denver, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Denver as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-1979 by Ord. No. 356; amended in its entirety 4-8-1996 by Ord. No. 475 (Ch. 10, Part 2 of the 1996 Code)]

§ 126-1 Definitions and word use.

A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of the Borough of Denver.
OWNER
The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association, or corporation.
PERSON
A natural person, firm, partnership, association, corporation, or other legal entity.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 126-2 Motor vehicle nuisances prohibited.

It shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the Borough of Denver. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:
A. 
Broken windshields, mirrors or other glass, with sharp edges.
B. 
One or more flat or open tires or tubes which could permit vermin harborage.
C. 
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
D. 
Any body parts with sharp edges, including holes resulting from rust.
E. 
Missing tires resulting in unsafe suspension of the motor vehicle.
F. 
Upholstery which is torn or open which could permit animal and/or vermin harborage.
G. 
Broken head-lamps or tail-lamps with sharp edges.
H. 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
I. 
Protruding sharp objects from the chassis.
J. 
Broken vehicle frame suspended from the ground in an unstable manner.
K. 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
L. 
Exposed battery containing acid.
M. 
Inoperable locking mechanism for doors or trunk.
N. 
Open or damaged floor boards, including trunk and fire-wall.
O. 
Damaged bumpers pulled away from the perimeter of vehicle.
P. 
Broken grill with protruding edges.
Q. 
Loose or damaged metal trim and clips.
R. 
Broken communication equipment antennae.
S. 
Suspended on unstable supports.
T. 
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough.

§ 126-3 Storage of nuisances prohibited.

It shall be unlawful for any person to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Containers which are conducive to the harboring and growth of vermin or animals.
C. 
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt, or fall from its original storage position.
D. 
Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents and poisons.
E. 
Refrigerators with the doors remaining attached.
F. 
Any other condition which shall threaten the health, safety or welfare of the citizens.

§ 126-4 Storage requirements.

A. 
Storage of such items as listed in §§ 126-2 or 126-3 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 126-3 shall apply for a permit for either temporary or permanent storage and pay a fee to the Borough as established, from time to time, by resolution of Borough Council. Such nuisance(s) must be stored within a garage or other enclosed building or outside, within an opaque fence at least six feet high which is locked at all times when unattended.
B. 
With the special approval of the Borough Council nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the appliances, machinery, equipment or construction materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed 175 square feet.
C. 
Nothing herein shall be construed to permit the storage of appliance, machinery, equipment, or material nuisances contrary to the provisions of the Borough Zoning Ordinance (Chapter 200).

§ 126-5 Inspection of premises; notice to comply.

A. 
The Police Department and Code Enforcement Officer are hereby empowered to inspect private property on which appliances, machinery, equipment, and/or various construction materials are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure, or improvement poses a danger to the health, safety, or welfare of the public, he shall issue a written notice to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.
B. 
Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within 10 days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.

§ 126-6 Authority to remedy noncompliance.

If the owner of property on which appliances, machinery, equipment, and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Borough shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Borough, in such event and pursuant to its statutory or otherwise authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.

§ 126-7 Hearing.

A. 
Any person aggrieved by the decision of the Police Department or Code Enforcement Officer may request and shall then be granted a hearing before the Borough Council; provided that he files with the Borough Council within 10 days after notice of the Police Department's or Code Enforcement Officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.
B. 
After such hearing, the Borough Council shall sustain, modify or overrule the action of the Police Department or Code Enforcement Officer.

§ 126-8 Violations and penalties.

[Amended 12-11-2006 by Ord. No. 564; 7-29-2013 by Ord. No. 612]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000, and in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense. Upon summary conviction or in a civil action, the defendant may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.[1]
[1]
Editor’s Note: See 53 P.S. § 48321(6).

§ 126-9 Remedies not mutually exclusive.

The remedies provided herein for the enforcement of this article, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Borough Council.
[Adopted 3-29-2004 by Ord. No. 538]

§ 126-10 Short title.

This article shall be known and may be cited as the "Denver Borough Stagnant Water Ordinance."

§ 126-11 Definitions.

As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
CODE ENFORCEMENT OFFICER
The person appointed by Borough Council to enforce this article.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
STAGNANT WATER POOL
Any accumulation of stagnant water in which mosquitoes, flies or other insects may multiply, including but not limited to open containers; sewage; lagoons; ditches; roof gutters; wheelbarrows; bird baths; ornamental pools; swimming pools; and/or vegetation, weeds, and grass in excess of eight inches in height (except as may be otherwise provided in wetlands and environmental ordinances and statues). When not practical to eliminate the standing water, treatment of such water is mandated by the application of a biological agent approved by the Borough. If a title owner of a premises has treated an accumulation of water with the application of a biological agent approved by the Borough, such accumulation of water shall not be considered a stagnant water pool for the purposes of this article.
STRUCTURE
That which is built or constructed or a portion thereof.
TITLED OWNER
Any person, firm, partnership or corporation having legal title or equitable interest in a structure and/or premises as recorded in the official records of the state, county or municipality; or guardian of the estate of any such person, or the executor or administrator of the estate of such person if in possession of real property as a fiduciary or heir.

§ 126-12 Stagnant water pools declared to be public nuisances.

Borough Council finds and declares that any stagnant water pool:
A. 
Is detrimental to the safety and welfare of the public;
B. 
Creates a public health risk/hazard in light of the West Nile Virus problem; and
C. 
Shall be deemed a public nuisance constituting a violation of this article.

§ 126-13 Maintenance of stagnant water pools prohibited.

It shall be unlawful for any titled owner to permit or maintain a stagnant water pool upon any premises or structure as defined herein the Borough and upon conviction for a violation thereof shall be subject to the penalties provided under this article.

§ 126-14 Enforcement.

The Code Enforcement Officer shall enforce this article.

§ 126-15 Compliance notice; appeals.

A. 
Whenever a violation of this article is found or believed to exist, the Code Enforcement Officer shall give written notice to the titled owner personally, or by mail addressed to his/her last known address, or by posting said written notice thereof upon the premises involved.
B. 
The notice shall identify the premises, specifically state the reason why notice is being issued with relevant section(s) of this article, include a correction order allowing a reasonable time to achieve compliance with this article, and set forth that any appeal must be in writing to the Borough Secretary, within the time set forth for compliance. Failure to timely request an appeal in writing will be deemed a waiver of the right to appeal. No appeal shall be considered complete without the payment of any required appeal fee.

§ 126-16 Work by Borough, costs to be filed as a lien.

Upon failure, neglect or refusal of any titled owner to comply with any and all applicable sections of this article, the Code Enforcement Officer is authorized to prepare appropriate work orders for performance of work by authorized Borough employees or contracted workers to effect compliance and abatement of any nuisance on the subject premises, including entry onto private property. After said compliance work is completed, statements for work performed shall be prepared by the Borough Secretary. Said statements shall indicate the description of the premises, tiled owner, the cost of work performed, administrative charge, disposal costs, and all other costs, if any. If the titled owner does not pay such statement, the Borough may file a lien in the amount of such statement, together with a penalty in the amount of 10% of such statement, against the premises affected. Such lien shall continue in force until the full amount thereof, together with interest at the rate of 6% per annum is paid in full.

§ 126-17 Violations and penalties.

[Amended 7-29-2013 by Ord. No. 612]
Any person, firm, partnership, association or corporation, or the members of such firm, partnership, association or corporation, who or which shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs for each violation, or to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitutes a separate offense. Such penalties shall be in addition to and costs for work performed in accordance with § 126-16 of this article. Upon summary conviction or in a civil action, the defendant may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.[1]
[1]
Editor’s Note: See 53 P.S. § 48321(6).