[HISTORY: Adopted by the Borough Council of the Borough of
Girard 7-15-1974 by Ord. No. 461 (Ch. XII, Part 3, of the 1974 Code
of Ordinances). Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall
apply:
The Borough Manager or other official designated by Council.[1]
Includes one or more motor vehicles, including trailers or
semitrailers, or parts thereof.
Any condition, structure, or improvements which shall constitute
a threat to the health, safety, or welfare of the citizens of Girard
Borough.
Includes the actual owner, agent, or custodian of the property
on which motor vehicles are stored, whether an individual, partnership,
association or corporation, and the lessee shall be construed as the
owner for the purpose of this chapter when the lessor holds the lessee
responsible for maintenance and repairs.
Includes every natural person, firm, partnership, association
or corporation.
Except for licensed motor vehicles of the owners or occupiers
of private grounds within the Borough of Girard, no used motor vehicle,
junked or otherwise, shall be stored on said premises except in compliance
with the provisions of this chapter.
Any person desiring to store motor vehicles on private grounds, except those mentioned in § 409-2, shall comply with the following:
A.
All gas and oil shall be drained from the vehicle.
B.
All glass shall be removed from any broken windshield, window or
mirror.
C.
All upholstery shall be removed.
D.
All wheels shall be removed so that the said vehicle is rendered
incapable of movement.
E.
All trunk lids shall have their locks removed or shall themselves
be removed.
F.
All such stored motor vehicles shall be at least 25 feet from any
building so as not to obstruct any fire-fighting equipment or emergency
vehicles.
G.
All such stored motor vehicles shall be at least 25 feet from any
river or stream or any other natural watercourse.
H.
All such stored motor vehicles shall at all times be kept free of
infestation by vermin.
A.
The enforcement 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 § 409-3 of this chapter is found, or if any condition, structure, or improvement poses a threat to the health, safety, or welfare of the public, he shall issue written notice, to be served by registered or certified mail, upon the owner of said premises or, if his 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 remove or otherwise rectify
the condition or structure or improvement as set forth therein within
10 days of mailing or posting of said notice.
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 correction,
plus a penalty of 10% of the cost thereof. 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 enforcement officer may
request and shall be granted a hearing before the Borough Council,
provided he 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 of the enforcement officer's decision.
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 enforcement officer, and the decision of
the Council shall be final.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
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 Borough of Girard.
