[HISTORY: Adopted by the Borough Council
of the Borough of Pennsburg 6-2-1986 by Ord. No. 2-86. Amendments noted where
applicable.]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Owner, for the purpose of this chapter, 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 includes trailers or semitrailers pulled thereby.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Borough of Pennsburg.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether an individual or partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this chapter, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include
the feminine and the neuter.
A.
It shall be unlawful for any person, owner or lessee
to maintain a motor vehicle nuisance, as hereinafter defined, upon
the open, private grounds of such person, owner or lessee within the
borough.
B.
A motor vehicle nuisance shall include one or more
vehicles which have any of the following defects:
[Amended 10-6-1997 by Ord. No. 4-97]
(1)
Broken windshields, mirrors or other glass with sharp
edges.
(2)
One or more flat or open tires or tubes which could
permit vermin harborage.
(3)
Missing doors, windows, hoods, trunks or other body
parts which could permit animal harborage.
(4)
Any body parts with sharp edges, including holes resulting
from rust.
(5)
Missing tires resulting in unsafe suspension of the
motor vehicle.
(6)
Upholstery which is torn or open which could permit
animal and/or vermin harborage.
(7)
Broken headlamps or tail lamps with sharp edges.
(8)
Disassembled chassis parts apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
(9)
Protruding sharp objects from the chassis.
(10)
Broken vehicle frames suspended from the ground
in an unstable manner.
(11)
Leaking or damaged oil pans or gas tanks which
could cause fire or explosion.
(12)
Exposed batteries containing acid.
(13)
Inoperable locking mechanisms for doors or trunks.
(14)
Open or damaged floorboards, including trunks
and fire walls.
(15)
Damaged bumpers pulled away from the perimeter
of the vehicle.
(16)
Broken grills with protruding edges.
(17)
Loose or damaged metal trim and clips.
(18)
Broken communication equipment antennas.
(19)
Suspended or unstable supports.
(20)
Such other defects which could threaten the
health, safety and welfare of the citizens of the Borough of Pennsburg.
A.
Any person, owner or lessee who has two or more motor vehicles which are a nuisance, as defined in § 106-2 above, may store such vehicles within the boundaries of the Borough of Pennsburg only in strict compliance with the regulations provided herein; however, nothing contained herein shall be construed to allow or permit the erection or installation of a structure in violation of the Zoning Ordinance[1] of the borough. Any person, owner or lessee who elects to store a motor vehicle nuisance, as defined in § 106-2 above, must store the same 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. Such motor vehicle nuisances may be stored 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 liquids 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 450 square feet without obtaining a proper permit for the storage of such nuisances from the Borough of Pennsburg.
[Amended 12-3-1990 by Ord. No. 3-90]
B.
Any person, owner or lessee who has or desires to store motor vehicle nuisances, as defined in § 106-2 above, in an exterior storage area which exceeds 450 square feet must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Pennsburg such as may be provided from time to time by resolution of the Borough Council. The motor vehicle nuisances must be stored within a garage or other enclosed building or within an opaque fence at least six feet high or a chain link fence at least six feet high, screened by shrubbery around the perimeter to the height of the fence, which fence shall be locked at all times when unattended. In addition, all gas and oil or other flammable liquids shall be removed from the motor vehicle, and it shall be kept free of vermin infestation while being stored.
A.
The Zoning Officer is hereby empowered to inspect
grounds on which motor vehicles are stored to determine if there is
compliance with the provisions of this chapter. If noncompliance with
the provisions of this chapter constitutes a nuisance or if any condition,
structure or improvement poses a threat 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 is 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 or posting of said
notice and thereafter to fully comply with the requirements of the
notice within a reasonable time.
If the owner of grounds on which motor vehicles
are stored does not comply with the notice to abate the conditions
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.
[Amended 1-12-2021 by Ord. No. 1-2021]
Any person aggrieved by the decision of the Zoning Officer may request and be granted a hearing in accordance with § 106-7 of this chapter, provided that they file with the Borough within 10 days of receipt of the notice of violation a written petition requesting a hearing and setting forth a brief statement of the grounds of the appeal. The Zoning Officer, within three business days of receipt of said timely notice, shall inform Borough Council of the aggrieved party's request for a hearing. Borough Council may, at its discretion, stay the enforcement of the violation, provided it is done within 30 days of receipt of the notice of said hearing request at a public meeting. If Council does stay the enforcement of the violation, said stay shall remain in full force and effect until removed by Council, or the aggrieved party thereafter requests a hearing in accordance with § 106-7, or the Zoning Officer determines the violation has been satisfied. If Council does not stay the enforcement of the violation within the 30 days prescribed by this section, a nontraffic citation shall be filed, and a hearing shall be scheduled in accordance with § 106-7 of this chapter.
[Amended 10-6-1997 by Ord. No. 4-97]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof by a District Justice
or other court of competent jurisdiction, be sentenced to pay a fine
of not more than $1,000 and/or to undergo imprisonment for a term
not to exceed 90 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
The remedies provided herein for the enforcement
of this chapter 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 Board of Supervisors.
