[HISTORY: Adopted by the Borough Council
of the Borough of Monaca as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-14-1982 by Res. No. 12-82[1]]
It shall be at the discretion of the Mayor to
allow merchants within the Borough of Monaca, who have obtained a
mercantile license and who have submitted to the Borough proof of
the Commonwealth of Pennsylvania sales tax licensing and are a registered
business as provided by law of the Commonwealth of Pennsylvania, fictitious
name, registered incorporation, etc., an additional 30 days to park,
within the Borough of Monaca, a motor vehicle not having a current
inspection sticker or registration plate. This shall only affect those
vehicles that are parked on private property and in no way shall affect
vehicles parked on any street or any thoroughfare within the Borough
of Monaca.
The police shall serve a warning upon said businessman
who has submitted his credentials and documentation to the Borough,
and then, after 30 days, the Borough must take action, and it shall
be at the discretion of the Police Department and its officials.
[Adopted 9-12-2006 by Ord. No. 891]
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 purposes of this article, when the lessor
or owner of the property 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 or any other thing or device
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 Monaca.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual, 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 property of such person,
owner or lessee within the Borough of Monaca. A motor vehicle nuisance
shall include any motor vehicle which is unable to move or be moved
under its own power and has any of the following physical defects:
A.
One or more 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.
A missing door or doors, window or windows, hood, trunk or other
body parts which could permit animal harborage;
D.
Any body part(s) with sharp edges, including holes resulting from
rust;
E.
Missing tire(s) 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 headlamp(s) or taillamp(s), or headlamp(s) and/or taillamp(s)
with sharp edges;
H.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or around 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 door(s) or trunk;
N.
Open or damaged floorboards, including trunk and firewall;
O.
Damaged bumper(s) or bumper(s) pulled away from the perimeter of
the vehicle;
P.
Broken grill with protruding edges;
Q.
Loose or damaged metal trim and/or clips;
R.
Broken communication equipment and/or antennae;
S.
Suspended or unstable supports; and
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Monaca.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 228-4 above may store such vehicle(s) in the Borough of Monaca only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for temporary storage and pay a fee of $50 to the Borough of Monaca pursuant to a resolution of the Borough Council. A temporary permit shall expire 90 days after the date it is issued. Additional temporary permits, which also shall expire 90 days after the dates they are issued, may be issued at the discretion of the Borough of Monaca at a cost of $10 for each additional permit. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence, to the extent a fence is permitted by zoning or other Borough ordinances, is at least six feet high and is locked at all times while unattended.
B.
With the special approval of the Borough Council, motor vehicle 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, all gas and oil or other flammable
liquid shall be removed from the motor vehicle, and it shall be kept
free of vermin infestation while being stored. The total area of storage
of motor vehicle nuisances may not exceed 400 square feet.
A.
The police officers of the Borough of Monaca are hereby empowered
to inspect private property on which motor vehicles 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 threat
to the health, safety or welfare of the public, a Monaca Borough police
officer shall issue a written notice to be served by registered or
certified mail, or by personal service, 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 or structure or improvement
complained of and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing, delivery or posting of said
notice and, thereafter, to fully comply with the requirements of the
notice within 30 days.
[1]
Editor's Note: A copy of the notice to comply is included at the end of this chapter.
If the owner of property on which motor vehicles are stored
does not comply with the notice to abate the nuisance within the time
limit prescribed, the Borough of Monaca 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 of Monaca, 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 officers may request
and shall then be granted a hearing before the Borough Council, provided
he files with the Borough of Monaca within 10 days after notice of
the police 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 officers.
C.
If the person filing the appeal desires to have the proceeding reported
by an official court reporter, then the person who files the appeal
shall pay all costs, fees or charges imposed by the official court
reporter.
Any person who shall violate any provision of this article shall,
on conviction thereof, be sentenced to pay a fine or not more than
$300 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.
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 of Monaca.
