[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)]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
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.
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.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association,
or corporation.
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.
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.
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.
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.
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.
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.
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.
[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).
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]
This article shall be known and may be cited
as the "Denver Borough Stagnant Water Ordinance."
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
The Borough of Denver, Lancaster County, Pennsylvania.
The person appointed by Borough Council to enforce this article.
A lot, plot or parcel of land, including any structures thereon.
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.
That which is built or constructed or a portion thereof.
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.
Borough Council finds and declares that any
stagnant water pool:
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.
The Code Enforcement Officer shall enforce this
article.
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.
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.
[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).
