[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville 5-6-1963
by Ord. No. 73. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 163.
For the purpose of this chapter, the terms used herein are defined as
follows:
Any one or more vehicles found to be on public or private property
not within a completely enclosed structure, building or appropriate covering
which can be easily secured from the potential health and safety hazards and
which is found to be any one of the following:
A vehicle for which a certificate of junk has been issued by the Pennsylvania
Secretary of Revenue or the official designated by any other state to issue
such certificates.
Any vehicle, provided that such a vehicle is not registered and certified
by the Police Department as a repairable vehicle, in or on which it is found
that any of the following conditions exist:
A motor vehicle, but not reproduction thereof, manufactured more
than 25 years prior to the current year which has been maintained in or restored
to a condition which is substantially in conformance with manufacturer specifications.
A commercially designed material to be used specifically for the
purpose of covering a motor vehicle.
A self-propelled vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and, because of discontinued
production and limited availability, determined by the Pennsylvania Department
of Transportation to be a model or make of significant value to collectors
or exhibitors and which has been maintained in or restored to a condition
which is substantially in conformity with manufacturer specifications and
appearance.
Any vehicle in or on which is found any of the conditions specified
under the definition of an abandoned or junked vehicle and has been registered
with the Borough of Schwenksville as a vehicle that will be repaired and properly
titled within 120 days' time from the date proof of intention to repair vehicle
is offered.
A person engaged in the business of acquiring abandoned vehicles
for the purpose of taking apart, junking, selling, rebuilding or exchanging
the vehicles or parts thereof.
The practice of storing or depositing any abandoned or junked automobiles,
vehicles, machinery or discarded equipment of any kind, or parts thereof,
in or on any public or private property, vacant or occupied within the Borough
of Schwenksville shall be deemed to be and constitute a nuisance and is hereby
prohibited.
A.
For any abandoned or junk vehicle on private property
to be considered a repairable vehicle, an application must be made by the
owner of the vehicle to Borough of Schwenksville accompanied by a registration
fee as set from time to time by resolution of the Borough Council. Upon registration,
the owner shall have 30 days to offer proof that he intends to purchase parts
to repair vehicle. Upon proof of such intention, the owner shall have 120
days to have the vehicle properly inspected, licensed and in operating condition
within the allotted time. Upon application, provided that the applicant does
not already have a repairable vehicle registered within the Borough, the Police
Department shall certify that the vehicle may be registered as a repairable
vehicle.[1]
B.
Any individual or individuals that have registered a
repairable vehicle with the Borough of Schwenksville may, with a fee as set
from time to time by resolution of the Borough Council and written proof of
a requisition for necessary parts yet to be delivered, renew his/her/their
application for an additional 120 days if, and only if, the vehicle in question
can be classified as an antique or classic motor vehicle.[2]
C.
Enforcement of this section shall be by the Police Department
of the Borough of Schwenksville.
Whenever it is found that any person is maintaining a nuisance as defined
in this article, any officer or employee of the Borough or any policeman of
the Borough may serve notice thereof, requiring that the condition be made
safe, corrected or removed, by certified mail or by personally delivering
the same to the offender.
State-bonded salvors may be used in the removal of vehicles from private
property upon police request and signed permission of the owner.
Should any person cause or permit the continuance of a nuisance after
20 days from the date of mailing of the notice to abate or fail to correct
the condition complained of, the Borough may, upon resolution of the Borough
Council that said nuisance creates a health or safety hazard, cause the removal
or abatement of the nuisance or the correction of the condition complained
of by such means as appear to it necessary.
In the event that the Borough shall have expended moneys to abate or
correct a nuisance under the terms of this chapter, it shall recover the cost
thereof, a penalty of 5% and an attorney's fee of 5% by municipal claim proceedings
under the Act of May 16, 1923, P.L. 207, as amended;[2] by summary proceedings under the Act of May 1, 1933, P.L. 103,
Article VII, Section 702, Clause XII, as amended;[3] by an action of assumpsit in the Court of Common Pleas of any county where jurisdiction may be obtained under the Act of May 1, 1933, P.L. 103, Article XXI, Section 2106, as amended;[4] or by such other remedies as may be provided by law, at the election
of the Borough.
Any person who shall violate any provision of this chapter shall be
punishable for each offense by a maximum fine of $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment for not
more than 30 days. Each day's violation of a provision of this chapter shall
constitute a separate offense.
