[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-2002 by Ord. No. 02-04]
A.
BOROUGH
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
Borough of Dravosburg.
Owner for the purpose of this article when the lessor holds the lessee
responsible for maintenance and repairs.
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.
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 Dravosburg.
The actual owner, agent, or custodian of the property on which motor
vehicles are stored, whether an individual or partnership, association, or
corporation.
Any natural person, firm, partnership, association, corporation or
other legal entity.
B.
In this article, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include the
feminine and the neuter.
It shall be unlawful for any person, owner or lessee to maintain a motor
vehicle nuisance upon the open private grounds of such person, owner or lessee
within the Borough. A motor vehicle nuisance shall include any motor vehicle
which does not have a current and valid Pennsylvania inspection sticker; does
not have a current and valid vehicle registration plate or sticker issued
by the Commonwealth of Pennsylvania, or another state; or which is unable
to move under its own power and has any of the following physical defects:
A.
Broken windshields, mirrors or other glass, with sharp
edges.
B.
One or more flat or open tires or tubes which could permit
vermin harborage.
C.
Missing doors, windows, hood, trunk or other body parts
which could permit animal harborage.
D.
Any body parts with sharp edges including holes resulting
from rust.
E.
Missing tires resulting in unsafe suspension of the motor
vehicle.
F.
Upholstery which is torn or open which could permit animal
and/or vermin harborage.
G.
Broken headlamps or tail-lamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an
unstable manner.
K.
Leaking or damaged oil pan or gas tank which could cause
fire or explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floorboards, including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of the
vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennas.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety
and welfare of the citizens of the Borough of Dravosburg.
A.
Any person, owner or lessee who has one or more motor
vehicle nuisances as defined above may store such vehicle(s) in the Borough
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 such as may be 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 special approval of the Borough Council, motor vehicle nuisances
may also be stored outside in an area enclosed by a chain link perimeter 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. The total area of storage of motor vehicle nuisances may not exceed
200 square feet.
A.
The Zoning/Code Enforcement Officer of the Borough is
hereby empowered to inspect grounds on which motor vehicles are stored to
determine if there is compliance with the provisions of this article. If noncompliance
with the provisions of this article constitutes a nuisance, or if any condition,
structure, or improvement poses a threat to the health, safety, or welfare
of the public, the Zoning/Code Enforcement Officer of the Borough shall issue
a written notice to be served by registered or certified mail upon the owner
of said premises or, if the owner's 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 commence 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, and thereafter
to fully comply with the requirements of the notice within a reasonable time.
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 costs of such corrections, plus 10% of all costs. 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 Zoning/Code
Enforcement Officer of the Borough may request and shall then be granted a
Hearing before Borough Council, provided such person files with the Borough
Council, within 10 days after notice of the Zoning/Code Enforcement Officer's
decision, a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor. The hearing shall commence not later than
30 days after the date on which the petition was filed unless postponed for
good cause.
B.
After such hearing, the Borough Council shall sustain,
modify or overrule the actions of the Zoning/Code Enforcement Officer of the
Borough.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000, plus
costs of prosecution, and, in default of payment of such fine and costs, to
undergo imprisonment for a term not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
The remedies provided herein for the enforcement of this article, 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.
[Adopted 4-18-2006 by Ord. No. 06-03]
A.
Prohibitions. From and after the effective date of this
article, it shall be unlawful for any person, firm or corporation to allow
or permit to remain upon any public or private grounds in the Borough of Dravosburg
any abandoned or junked vehicles and/or automobiles, which are hereby declared
to be public nuisances.
B.
Definitions. Abandoned or junked vehicles shall mean
any vehicle in such a state of disrepair as to be incapable of being moved
under its own power, or in a dismantled condition, or without a current license
plate, or without a current inspection sticker, which has not been moved or
used for more than 48 hours; provided, however, the term shall not apply to
any vehicle bearing a current license plate and/or current inspection sticker
until the Police Department of the Borough of Dravosburg, or any police department
or municipality contracted by the Borough of Dravosburg to provide police
services or ordinance enforcement services, has personally tagged the vehicle
with an orange tag and/or has by personal service or by regular mail given
notice to the registered owner of the vehicle stating that if the vehicle
is not removed within 48 hours of the date of the notice it shall be deemed
to be abandoned or junked.
C.
Exception. Any vehicle or equipment used or to be used
in construction or the operation or maintenance of public utility facilities
and which is left in a manner which does not interfere with the normal movement
of vehicular traffic shall not be considered abandoned vehicles for purposes
of this article.
A.
Vehicle towing notice on public property. Any vehicle
determined to be abandoned or junked on public property and/or private property
of the Borough of Dravosburg shall be posted with an orange towing notice
indicating that, unless such vehicle is removed within 48 hours of the date
of notification, the vehicle shall be towed and the owner shall be subject
to a fine and costs of prosecution. Furthermore, the Borough of Dravosburg
or any police department or municipality contracted by the Borough of Dravosburg
to provide police services or ordinance enforcement service shall send to
the owner or owners of the abandoned or junked vehicle, by personal service
or by certified or registered mail notice, that the abandoned or junked vehicle
has been towed and that the abandoned or junked vehicle must be claimed within
30 days of the date of the notice or the vehicle will be disposed of. Such
owner shall be subject to towing, storage and other fines and costs of prosecution.
Such written notice shall be sent to the owner's or owners' last known
post office address.
B.
Vehicle towing notice on private property. Any vehicle
determined to be abandoned or junked on private property shall be posted with
an orange towing notice indicating that, unless such vehicle is removed within
48 hours of the date of notice, the vehicle shall be towed and the owner shall
be subject to a fine and costs of prosecution. Furthermore, the Borough of
Dravosburg or any police department or municipality contracted by the Borough
of Dravosburg to provide police services or ordinance enforcement services
shall send to the owner or owners of the abandoned or junked vehicle, by personal
service or by certified or registered mail, notice that the abandoned or junked
vehicle must be removed within 48 hours of the date of the notice. Such written
notice shall be sent to the owner's or owners' last known post office
address.
Abandoned or junked vehicle removal. In the case of abandoned or junked
vehicles on private property in the Borough of Dravosburg, if the abandoned
or junked vehicle is not removed within 48 hours from the posting of the towing
notice on the vehicle or the day of the written notification by the Borough
of Dravosburg or any police department or municipality contracted by the Borough
of Dravosburg to provide police services or ordinance enforcement services,
the Borough of Dravosburg or its designated representative, or any police
department or municipality contracted by the Borough of Dravosburg to provide
police services or ordinance enforcement services, or its designated representative,
shall send a written request to the Borough salvor, or the salvor of any police
department or municipality contracted by the Borough of Dravosburg to provide
police services or ordinance enforcement services, to take possession and
tow the abandoned or junked vehicle to the salvor's storage facility.
The owner of said abandoned or junked vehicle shall be subject to towing,
storage and other fines and costs of prosecution.
Any person, firm or corporation violating any of the provisions of this
article shall, upon conviction thereof, pay a fine of not more than $300 and,
in default of the payment thereof, undergo imprisonment for a period not exceeding
10 days.
