As used in this chapter, the following terms shall have the
meanings described herein, unless a different meaning is clearly established
elsewhere in this chapter:
ABANDONED VEHICLE
Any type of vehicle, including a trailer, which:
A.
Does not have a currently valid state inspection sticker and/or
currently valid license plate.
B.
Has not been moved for a continuous period of more than 30 days.
ASSOCIATION
Any form of unincorporated enterprise owned by two or more
persons other than a partnership or limited partnership.
LESSEE
Any person responsible for the maintenance, repair, and control
of a motor vehicle, including a trailer, which the lessee has a lease,
either in writing or oral, from the owner of record of the motor vehicle.
MOTOR VEHICLE
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 pulled thereby.
NUISANCE
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 Perkasie.
OWNER
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation or limited-liability company, including the lessor
of a motor vehicle.
PERSON
A natural person, firm, partnership, association, corporation,
limited-liability company, or other legal entity.
Any person, owner or lessee who has one or more motor vehicle nuisances, as defined in §
183-2, above, may store such vehicle in the Borough of Perkasie only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Perkasie such as provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must be stored 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. With the specific 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.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the condition, within the time
limit prescribed, the Borough of Perkasie shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% of all costs, including the removal of the
motor vehicle. The Borough of Perkasie, 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.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Bucks County.
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 Council.
If any provision of this chapter is determined by a court of
competent jurisdiction to be illegal, invalid, unenforceable, unconstitutional,
or void, for any reason, only that provision shall be illegal, invalid,
unenforceable, unconstitutional, or void, and the remainder of this
chapter shall be in full force and effect.