[HISTORY: Adopted by the Board of Supervisors of the Township of
Middlesex 9-21-2005 by Ord. No. 105. Amendments
noted where applicable.]
The purpose of this chapter shall be:
A.
To prevent the accumulation or storage of junked or abandoned
motor vehicles which create a hazard or danger to the health and welfare of
the citizens of Middlesex Township.
B.
To prevent the accumulation or storage of junked or abandoned
motor vehicles which provide a breeding area for rodents and other unhealthful
animals.
C.
To prevent the accumulation or storage of junked or abandoned
motor vehicles which create an attractive nuisance for children who are not
aware of the danger involved therein.
D.
To allow the removal of junked or abandoned motor vehicles
or operable motor vehicles which create a hazardous or dangerous condition
for the safety of the citizens and of public employees when a vehicle is parked
in a public right-of-way during road work and snow removal activity by the
Township.
E.
To promote ecological and environmental principles by
preventing accumulation or storage of junked or abandoned motor vehicles.
As used in this chapter, the following words and phrases shall have
the meanings ascribed to them in this section.
Any motor vehicle which:
Is inoperable and is left unattended on a public street, road, highway
or public property for more than 48 hours;
Has remained illegally on a public street, road, highway or other public
property for a period of more than 48 hours; or
Has remained on private property without consent of the owner or person
in control of that property for more than 48 hours.
As applied to a motor vehicle under this chapter:
A motor vehicle that does not have a current registration plate and
a current inspection sticker;
A motor vehicle that does not have the required number of tires or wheels,
does not have one or more of its doors or windows, does not have an engine,
or does not have a battery, or lacks any other part which is necessary to
self-propel it and to operate in accordance with any laws of the Township
or the Commonwealth of Pennsylvania.
Any motor vehicle which:
Is inoperable and has been stored or kept outside and not enclosed within
a building on any private property for more than 10 days; provided, however,
that an inoperable motor vehicle held or stored on the property of a person
engaged in the business of servicing, repairing, storing or disposing of inoperable
motor vehicles in conformity with the zoning laws of the Township of Middlesex
shall not be considered a junked motor vehicle for the purpose of this chapter
as long as it is screened from view from the abutting properties; or
Is stored or kept in such a manner as to cause loud noises or offensive
odors or attract vermin or is otherwise a detriment to the environment or
danger to those who may be in close proximity or a nuisance in any other manner.
Any device in, upon or by which any person or property is or may
be transported or drawn upon private land, public highways, streets or roads,
which is self-propelled, except by human power alone, or drawn by a self-propelled
vehicle.
Any person, partnership, firm, association or corporation, company,
limited liability company, limited liability partnership or other organization
of any kind or nature whatsoever. When used in any provision prescribing a
fine or penalty, the word "persons" as applied to partnerships shall mean
the partners thereof and as applied to "firm, association, corporation, company
or organization of any kind" it shall mean the officers thereof.
The following provisions shall apply to motor vehicles within the Township
of Middlesex:
A.
No person shall store, maintain or park outdoors or permit
the storage, maintenance or collection of any abandoned motor vehicle or junked
motor vehicle upon his or her premises or property, or any premises or property
under his or her control, or in any other place within the Township of Middlesex,
unless the vehicle is within a building so as to not be visible from the street
or neighboring properties.
B.
No person shall perform major repair or body work on
any motor vehicle unless the vehicle is within a building so as to not be
visible from the street or neighboring properties and the vehicle is titled
to the owner or resident of the premises or property where such major repairs
or body work are being performed.
C.
No person shall park, store or place any abandoned motor
vehicle, junked motor vehicle, or any motor vehicle, in a public right-of-way
when the Board of Supervisors has requested such vehicle be moved in order
for the Township to perform road work in the public right-of-way and/or snow
removal activities in the public right-of-way. For road work activities, the
Township roadmaster or other Township official shall inform a property owner
of the proposed Township road work activities either orally or in writing.
For snow removal activities, residents shall remove vehicles from the public
right-of-way whenever snow or ice is accumulating on a public right-of-way.
The following exemptions shall be available to the prohibitions provided in § 164-3 of this chapter:
A.
Authorized vehicle repair shops or scrap yards. An abandoned
motor vehicle or junked motor vehicle may be parked on the exterior premises
of a properly zoned and permitted motor vehicle repair shop or scrap or junk
yard, provided that the operator of the motor vehicle repair shop or the scrap
or junk yard is in compliance with the provisions of their approval to operate
such business under the Township of Middlesex Zoning Ordinance.[1]
B.
Property owner exemption. A property owner shall be allowed
to store one operable motor vehicle on his property that is without a current
registration and a current inspection, provided said vehicle or vehicles are
maintained in a good repair and the owner files an application to retain the
vehicle for a period of one year, and said exemption shall be renewable annually
upon application to the Board of Supervisors.
C.
Farm equipment. The provisions of this chapter shall
not apply to a farm tractor, farm trailer and/or other motorized farm vehicle,
provided the farm tractor, farm trailer and/or motorized farm vehicle is owned
by the person where the farm tractor, farm trailer and/or other motorized
farm vehicle is stored.
A.
Enforcement notice.
(1)
If it appears to the Township that a violation of this
chapter has occurred, the Township shall initiate enforcement proceeding by
sending an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent to the violator
and, if applicable, the owner of record of the parcel on which the violation
has occurred, or to any person who has filed a written request to receive
enforcement notices regarding that parcel, and any other person requested
in writing by the owner of record.
(3)
The enforcement notice shall state at least the following:
(a)
The name of the violator and, if applicable, the owner
of record and any other person against whom the Township intends to take action.
(b)
The location of the violation and, if applicable, the
property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing the applicable provisions of this chapter.
(d)
The date by which the person must commence steps for
compliance with this chapter and the date before which compliance must be
achieved.
(e)
That the recipient of the notice has a right to appeal
to the Board of Supervisors within a period of 30 days.
(f)
That the failure to comply with this notice within the
time specified, unless extended by appeal to the Board of Supervisors, constitutes
a violation with possible sanctions clearly prescribed.
B.
Enforcement remedies. Any person who or which has violated
or permitted the violation of the provisions of this chapter, shall, upon
being found liable therefor in a civil enforcement proceeding commenced by
the Township, pay a civil penalty in the amount of $500 and, for each and
every subsequent offense, a penalty of $1,000, plus all court costs, including
reasonable attorneys' fees incurred by the Township as a result of any
enforcement action commenced hereunder. Each day that a violation continues
shall be considered a separate violation. No judgment shall commence or be
imposed, levied or payable until the date of the determination of a violation
by the District Magistrate. If the person found liable neither pays nor timely
appeals the judgment of the District Magistrate, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure. The Township
may commence an equity action in the Court of Common Pleas for purposes of
obtaining an injunction to force the removal of junked or abandoned motor
vehicles or to prohibit the further storage of junked or abandoned motor vehicles
against any person.
C.
In the event a motor vehicle is encroaching on a public
right-of-way and is either an abandoned motor vehicle or a junked motor vehicle
or an operable motor vehicle that remains in the public right-of-way during
road work or snow removal activities after an owner has been informed to remove
it, the Township may impound such motor vehicle and the property owner shall
be liable for all costs of impoundment as well as any civil penalties that
may arise hereunder.
