[HISTORY: Adopted by the Borough Council
of the Borough of Millersville 10-4-1976 by Ord. No. 1976-14. Amendments noted where applicable.]
[Amended 3-5-1984 by Ord. No. 1984-4]
This chapter shall be known as the "Millersville
Junked and Abandoned Vehicle and Debris Ordinance."
The Council of the Borough of Millersville, 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 are authorized in conjunction with a business properly operated pursuant to Chapter 380, Zoning, and other laws of the Borough of Millersville.
The terms "junked," "wrecked," "stripped," "abandoned"
and "discarded," as used herein, shall mean that 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.
It shall be unlawful to park, store or leave any motor vehicle of any kind in a wrecked, junked, stripped or abandoned condition 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 property to allow, permit or suffer the same to be left upon any privately owned property, unless the same is authorized in conjunction with a business properly operated pursuant to Chapter 380, Zoning, and other laws of the Borough of Millersville.
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 is authorized in conjunction with a business properly operated pursuant to Chapter 380, Zoning, and other laws of the Borough of Millersville.
If the Council of the Borough of Millersville
or any of its authorized agents find that a violation of this chapter
exists, it shall notify the owner of the property on which the violation
exists or the owner of the vehicle or other discarded or abandoned
item, or both, of the violation and order the owner of said motor
vehicle or vehicles or other items, within five days thereof, and
the owner of the property on which the motor vehicle or vehicles or
other items are stored or parked, within 30 days thereof, to remove
the motor vehicle or vehicles or other items.
Notice shall be given by personal service or
by registered 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.
Within five days after service of notice, the
party or parties affected may request a hearing before the Borough
Council. The said Council, after said hearing, shall affirm, withdraw
or modify the notice.
If a hearing is not requested, then the parties
affected shall proceed to remove or have removed the motor vehicle
or vehicles or other items from the property in question in accordance
with the notice and order.
On proper request, a hearing on the matter shall
be given forthwith; and where more than one party is involved, it
shall be the duty of the party requesting the said hearing to notify
the Secretary of the Borough of Millersville of the names and addresses
of all other parties affected or interested.
If the violation complained of shall not have
been remedied within the period as required by the order, the Borough
of Millersville shall, through its own agents, contractors and/or
employees, remedy the violation and charge the costs thereof to the
real property owner on whose property the vehicles or other items
are located. Said cost shall, after a proper demand and refusal or
a failure to pay after 30 days, constitute a lien on the said realty at
such time as it shall thereafter be filed by the Borough Solicitor.
[Amended 5-7-1984 by Ord. No. 1984-7; 7-25-1995 by Ord. No.
1995-5]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this chapter continues shall
constitute a separate offense.
