[HISTORY: Adopted by the Borough Council
of the Borough of Steelton 6-18-2001 by Ord. No. 2001-3, approved 6-18-2001. Amendments
noted where applicable.]
The purposes of this chapter are as follows:
A.
To prevent the storage of unlicensed and uninspected
motor vehicles on private property, except such motor vehicles as
are housed in a fully enclosed and secure structure, which vehicles
are in such a condition as to create a hazard and danger to the health
and welfare of the Borough citizens because:
(1)
Such vehicles create an attractive nuisance for children,
who are not aware of the dangers involved.
(2)
Such vehicles may provide a breeding ground, home
or haven for rodents, rats, vermin, mosquitoes, flies and other undesirable
animals, reptiles or insects.
(3)
Flammable materials stored in any such motor vehicles
or motor vehicle parts pose a danger of injury to both the citizens
of the Borough and the environment of the Borough.
(4)
Such motor vehicles are often utilized to store lumber,
garbage, rubbish or other materials that attract vermin, rodents,
reptiles and insects.
B.
To establish a program of regulation by permit over
the storage on private property of unlicensed and uninspected motor
vehicles so that the Borough may be apprised of their location and
make appropriate inspections to determine that they do not constitute
nuisances as prohibited by this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An owner for the purpose of this chapter when the lessor
holds the lessee responsible for maintenance and repairs of the leased
premises.
Any type of mechanical device, propelled by a motor, in which
a person or persons or property may be transported upon public streets
or highways when in operating condition, and includes trailers or
semitrailers pulled thereby.
Any condition which shall constitute a threat, or potential
threat, or is prejudicial, to the public health, safety or welfare.
The actual owner, agent or custodian of the property on which
a motor vehicle or vehicles is/are stored, whether individual or partnership,
association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
It shall be unlawful for any person, owner or
lessee to maintain a motor vehicle upon private property within the
Borough of Steelton which does not have a current and/or valid state
safety inspection (if required) or does not have a valid state registration
plate and has any of the following physical defects which, individually
or jointly, shall constitute a nuisance in fact:
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 or sharp edges.
D.
Any broken or bent 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 and open to the outside which
could permit animal and or vermin harborage.
G.
Broken headlights or tail lamps with sharp edges.
H.
Disassembled chassis 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, explosion or environmental hazard.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunks.
N.
Open or damaged floor boards, including trunk and
firewall.
O.
Damaged bumpers pulled away from the perimeter of
the vehicle constituting a protruding sharp edge or cutting surface.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips constituting
a potential cutting surface.
R.
Suspended or unstable supports.
S.
Broken or bent antennas constituting a protruding
sharp edge or cutting surface.
T.
Such other defects that could threaten the health,
safety and welfare of the public.
Any person, owner or lessee who has one or more motor vehicle(s) as defined in § 111-3 above may be granted a temporary vehicle storage permit to temporarily store such vehicle(s) in the Borough of Steelton for the purpose of repairing such vehicles. Such permits are not automatically granted and may be denied if the Code Enforcement Officer or Steelton police determine that there is too great a risk to public health or safety. Such permits are only granted in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply, in writing, to the Code Enforcement Officer or Steelton police for a temporary motor vehicle storage permit. Such application must set forth the location and description of the land on which said motor vehicle(s) are to be placed, the manner of storage, the length and purpose of storage and a complete description of the vehicle, including make, model, license plate number and/or vehicle identification number (VIN). A separate application is required for each vehicle for which a temporary permit is requested, along with a fee paid to the Borough of Steelton such as may be provided from time to time by resolution of the Borough Council. If said application is approved by the Code Enforcement Officer or Steelton police, a temporary vehicle storage permit will be issued for each approved vehicle.
Each temporary motor vehicle storage permit
will be valid for three consecutive months from the date of issue.
The expiration date of the permit will be written on the permit by
the Code Enforcement Officer or Steelton police. A permit, upon approval
of the Code Enforcement Officer or Steelton police, may be renewed.
The vehicle storage permit shall be placed on
the inside surface of the front windshield of the motor vehicle for
which the permit is issued. The permit will be placed on the driver's
side area of the windshield above or near the area where the state
safety inspection sticker is normally placed and shall be completely
visible from the outside of the vehicle. A temporary vehicle storage
permit(s) may not be transferred from one vehicle to another.
Before a temporary motor vehicle storage permit
is issued, the person, owner or lessee applying for the permit must
sign a statement certifying that all gas, oil and/or other flammable
liquids have been removed/drained from the vehicle(s).
It shall be unlawful to store any type of flammable
material (liquid, solid or gas) in any motor vehicle or to store engine
parts, lumber, garbage, rubbish or any other material that may pose
a hazard to the health, welfare or safety of the residents of the
Borough of Steelton or that may attract vermin or present a rodent
harborage.
A.
Any person aggrieved by a refusal of the Code Enforcement
Officer or Steelton police to issue a permit may request and shall
be granted a hearing by the Borough Council, provided he/she shall
file with said Council a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor within
10 days after notice that a permit has been refused. The hearing shall
commence not later than 30 days after the date on which the petition
was filed unless postponed for sufficient cause. The hearing shall
be conducted by the Council or the Council may appoint any member
or group of members to act as hearing officer or officers, and to
conduct the hearing.
B.
After such hearing, the decision or, where no decision
is called for, the findings shall be made by the Council, but the
parties may waive decision or findings by the Council and accept the
decision or findings of the hearing officer or officers as final.
C.
The Borough Council shall initially establish, by
ordinance, reasonable fees with respect to hearings before the Council
or its appointed hearing officer or officers. Fees for said hearings
may include compensation for the Secretary, notice and advertising
costs and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses, engineering
expenses, architectural or expert witness costs or other technical
consultants. The Borough Council may, from time to time, change such
fees by resolution.
Any motor vehicle that is classified a nuisance,
stored on private grounds without a permit issued by the Code Enforcement
Officer or Steelton police, as herein required, shall be removed by
the owner or occupier of said grounds after notice to do so, and in
default thereof, the Borough may cause the same to be done and collect
the costs thereof, together with a penalty of 10% of such costs in
the manner provided by law for the collection of municipal claims
or by action of assumpsit or may seek relief by bill in equity. Attorney
fees shall be added to the amount collected above.
The Code Enforcement Officer or Steelton police
and/or his/her/their authorized representative is hereby empowered
to inspect grounds on which motor vehicles are stored to determine
if there is compliance with the provisions of this chapter.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not less than $30 nor more than $600 and costs of prosecution
or, in default of payment of such fines and costs, to undergo imprisonment
for not more than 30 days, provided that each day's continued violation
of any provision of this chapter, after notice thereof, shall constitute
a separate violation and shall be punishable as such.
