[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport 9-8-2011 by Ord. No. 2011-09[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 279.
Property maintenance — See Ch. 318.
Solid waste — See Ch. 377.
Storage of vehicles — See Ch. 434.
[1]
Editor's Note: This ordinance contained the following
recitals:
Whereas, pursuant to 53 P.S. § 46202(24) the Borough
Code authorizes the Borough of Walnutport to "enact a suitable ordinance
relating to property maintenance"; and
Whereas, pursuant to 53 P.S. § 46202(24) the Borough
has the authority to adopt the Property Maintenance Code and to enforce
it provisions; and
Whereas, pursuant to 53 P.S. § 46202(24) the Borough
of Walnutport enacted Ordinance No. 2007-07 and adopted the Property
Maintenance Code; and
Whereas, Section 308.2 of the Property Maintenance Code specifically,
prohibits, inter alia, the storage, keeping or parking of an inoperative
and/or unlicensed motor vehicle within the Borough; and
Whereas, the Borough Code gives the Borough of Walnutport
the authority to regulate the abandoned or junked vehicles pursuant
to 53 P.S. § 46202(5) and/or 53 P.S. § 46202(24);
and
Whereas, the Borough regulates abandoned vehicles as nuisances
pursuant to Ordinance No. 2004-03.
Whereas, in addition to regulating abandoned or junked vehicles
under the Borough nuisance ordinance, the Borough also desires to
regulate abandoned or junked vehicles under the Property Maintenance
Code to regulate the maintenance and conditions of property located
within the Borough.
All recitals are incorporated herein by reference.
For the purpose of this chapter, the following definitions shall
apply:
Any vehicle in such a state of major disassembly and disrepair
as to be inoperative and/or incapable of being moved under its own
power or with any tire missing or without a wheel or wheels or with
any window broken or missing or in a dismantled and/or deteriorating
condition or without current license plates or without a current inspection
sticker, which vehicle has not been moved or used for more than 15
consecutive days.
A vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of despair or incapable of being moved under
its own power.
Any vehicle which is no longer in actual use for transportation
or which is wholly unfit to be operated or has been discarded or otherwise
abandoned. Failure of a motor vehicle to display a current valid registration
plate and certificate of inspection, as required by the Vehicle Code
of Pennsylvania, shall constitute prima facie proof that such motor
vehicle is no longer in actual use for transportation.
Shall be construed as the owner for the purpose of this chapter
when the lesser holds the lessee responsible for maintenance and repairs.
Any vehicle which is self-propelled, as defined by the Vehicle
Code of Pennsylvania, pursuant to 75 Pa.C.S.A. § 102, and
vehicles which are customarily attached to and propelled by self-propelled
vehicles.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association,
or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
Any vehicle in such a state of major disassembly and disrepair
as to be inoperative and/or incapable of being moved under its own
power or with any tire missing or without a wheel or wheels or with
any window broken or missing or any dismantled and/or deteriorating
condition or without current license plates or without a current inspection
sticker, which vehicle has not been moved or used for more than 15
consecutive days, shall be considered in violation of this chapter.
A.
The Borough Code Enforcement Officer and/or Borough Police 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
is determined, the Borough Code Officer and/or Borough Police Officer
shall issue a written notice to be served by registered or certified
mail upon the owner of said premises, or, if his whereabouts or identity
not be known, by posting the notice conspicuously upon the offending
premises.
B.
Said notice shall specify the condition of the motor vehicle complained
of, and shall require the owner to commence to remove or otherwise
rectify the condition 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.
C.
Repeat offenders. In the event the property owner has been determined
to be continuously removing the junked vehicle from the property within
10 days of receipt of notice to rectify the violation, but then returns
the vehicle to the property in the same junk or abandoned condition
in an attempt to circumvent the chapter, the Borough is not required
to send a subsequent notice of violation. The first notice sent shall
notify an owner that this is the only notice that will be sent to
an owner. Additional notices will not be sent for a second or subsequent
violation of this chapter when the junked vehicle has been returned
to the property in its same condition after receiving the first notice
of violation. The notice shall inform the owner that the Borough shall
have the right to proceed directly to the Magistrate without further
notice for any second or subsequent violation.
[Added 4-10-2014 by Ord. No. 2014-02]
A.
Where the placing, keeping or storage of a inoperative and/or junked
motor vehicle upon private property is for the purpose of bona fide
repairs to such motor vehicle and the owner or occupant of such land,
or the owner, operator or custodian of such motor vehicle is not engaged
in the business of automotive repairs but intends to make such repairs
himself, such owner or occupant of the land or such owner, operator
or custodian of such motor vehicle, as the case may be, shall apply
to the Borough Code Enforcement Officer for a permit for the outside
storage or parking of such vehicle during the course of its repairs,
said permit to be good for a period of 60 days from the date of such
storage or parking.
B.
Where the owner or occupant of private property is engaged in the
business of automotive repairs and an inoperative and/or junked motor
vehicle has been placed in the custody of the owner of said property
for storage, parking and/or repairs, the owner or occupant of said
property shall apply to the Borough Code Enforcement Officer of the
Borough for a permit for the outside storage or parking of such vehicle
while awaiting or during the course of its repairs, such permit to
be good for a period of 60 days from the date of said storage or parking,
provided that such owner or occupant presents proof to the Borough
Code Enforcement Officer that there is a bona fide contract or agreement
between such owner or occupant of the land and the owner, operator
or custodian of the vehicle for the repairs thereof. Otherwise, said
vehicle shall not remain stored or parked out of doors after the expiration
of 15 days from the date of the storage or parking thereof,
C.
Nothing in this chapter shall be deemed to prohibit the placing,
keeping or storing of any motor vehicle in an enclosed garage or other
building, unless said storage or parking creates a public hazard or
threat to the health, safety and welfare of residents of the Borough
under provisions of the Fire Code, Building Code or other related
ordinances or codes of the Borough.
D.
Not more than one currently unregistered or uninspected motor vehicle
shall be parked, kept or stored on any premises, provided that said
vehicle shall be completely covered with an opaque tarpaulin, and
no vehicle at any time be in a state of major disassembly, disrepair,
or in the process of being stripped or dismantled. If an owner desires
to keep said vehicle on owner's property pursuant to this section,
the property owner shall apply for a permit for storage of one vehicle
on the premises pursuant to the criteria of this section.
E.
This chapter shall not apply to any premises used for the storage or sale of new or used machinery or vehicles in accordance with the provisions of Chapter 450, Zoning.
F.
The fee for said permit under this section shall be $25.
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 of Walnutport shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% additional. The Borough of Walnutport, 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. The Borough Police Department
shall remove said vehicle. In removing any such vehicle in violation
of this chapter or causing the same to be removed, the Police Department
shall comply with the provisions of Chapter 73 of the Vehicle Code
of Pennsylvania.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 7301 et seq.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 together with costs of prosecution, or to undergo imprisonment
for a term not to exceed 30 days. Provided, each violation of any
provision of this chapter, and each day the same is continued, shall
be deemed a separate offense.
The remedies provided herein for the enforcement of this chapter,
or of 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 Council.
