Borough of Ephrata, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 6-8-1981 as Ord. No. 1086. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 197.
Property maintenance — See Ch. 245.
Solid waste — See Ch. 271.

§ 111-1 Findings.

The Council of the Borough of Ephrata, Lancaster County, Pennsylvania, finds that the storage or parking of wrecked, junked, stripped or abandoned motor vehicles on private property or the storage, placement or accumulation on private property of junked, wrecked, discarded or abandoned machinery, equipment, household appliances or other debris and waste materials of any kind or description constitutes a nuisance and is detrimental to the public health, safety, morals and welfare, except when such vehicles or other herein-named items are parked or stored in a building or unless the same be authorized in conjunction with a business properly operated pursuant to other laws of the Borough of Ephrata.

§ 111-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
JUNKED, WRECKED, STRIPPED, ABANDONED and DISCARDED
The items or materials so described are no longer in current usage as evidenced by an apparent relinquishment of all rights thereto through continued disuse.

§ 111-3 Abandoned motor vehicles.

[Amended 6-11-2007 by Ord. No. 1424]
It shall be unlawful for any person to park, store or leave any motor vehicle of any kind in a wrecked, junked, stripped, unlicensed, or abandoned condition, or bearing no valid inspection sticker on private property, unless in a building, and it shall be unlawful for the owner of such motor vehicle or the owner or occupant of any real property to allow, permit or suffer the same to be left upon any privately owned real property, unless the same shall be authorized in conjunction with a business operated in conformity to other laws of the Borough of Ephrata.

§ 111-4 Abandoned property.

It shall be unlawful to store, place or accumulate on private property any junked, wrecked, discarded or abandoned machinery, equipment, household appliances or other debris and waste materials of any kind or description, unless in a building, and it shall be unlawful for the owner of such items or the owner or occupant of any property to allow, permit or suffer the same to be left upon any privately owned property, unless the same be authorized in conjunction with a business properly operated pursuant to other laws of the Borough of Ephrata.

§ 111-5 Notice of violation; time limit to comply.

[Amended 6-11-2007 by Ord. No. 1424]
If the Council of the Borough of Ephrata or any of its authorized agents finds that a violation of this chapter exists, it shall notify the owner of the real property on which the violation exists or the owner of the motor vehicle or vehicles or other discarded or abandoned item, or both, of the violation and order the owner of said motor vehicle or vehicles or other discarded or abandoned item or items, or both, and the owner of the real property on which the motor vehicle or vehicles or other discarded or abandoned items, or both, are stored or parked, within five days thereof to remove the motor vehicle or vehicles or other discarded or abandoned item or items, or both.

§ 111-6 Service of notice.

Notice shall be given by personal service or by certified mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or the owner of the motor vehicle or other items cannot be ascertained, the posting of the said notice or copies thereof on the real property, motor vehicle or other items, structure or area immediately adjacent thereto shall constitute sufficient notice.

§ 111-7 Failure to comply; removal by borough; imposition of costs. [1]

[Amended 6-11-2007 by Ord. No. 1424]
If the violation complained of shall not have been remedied within five days of service of notice, the Borough of Ephrata shall, through its own agents, contractors and/or employees, remedy the violations and charge the costs thereof to the real property owner on whose property the vehicles or other items are located. Said costs shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien on said reality at such time as it shall thereafter be filed by the Borough Solicitor.
[1]
Editor's Note: Former §§ 111-7, Request for hearing, as amended, 111-8, Failure to request hearing, and 111-9, Notice of hearing, as amended, were repealed 6-11-2007 by Ord. No. 1424. This ordinance also provided for the renumbering of former §§ 111-10 and 111-11 as §§ 111-7 and 111-8, respectively.

§ 111-8 Violations and penalties.

[Amended 4-8-1996 by Ord. No. 1279; 6-11-2007 by Ord. No. 1424]
Any person or persons who shall violate any provision of this chapter shall, upon conviction, for each and every such violation or failure to comply be sentenced to pay a fine of not more than $1,000 and costs of prosecution. Each day’s violation of a provision of this chapter shall constitute a separate offense.