[Adopted 10-9-1991 by Ord. No. 497]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.
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.
OWNER
The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association, or corporation.
PERSON
A 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 to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Containers which are conducive to the harboring and growth of vermin or animals.
C. 
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt, or fall from its original storage position.
D. 
Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents, and poisons.
E. 
Refrigerators with the doors remaining attached.
F. 
Any other condition which shall threaten the health, safety or welfare of the citizens.
Storage of such items as listed as listed in § 201-14 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 201-14 shall apply for a permit for either temporary or permanent storage and pay a fee to the Borough pursuant to a resolution of the Borough Council. Such 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 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, the appliances, machinery, equipment, or construction materials shall be kept free of vermin infestation while being stored; and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed _____ square feet. Nothing herein shall be construed to permit the storage of appliance, machinery, equipment, or material nuisances contrary to the provisions of Chapter 300, Zoning.
A. 
The Police Department is hereby empowered to inspect private property on which appliances, machinery, equipment, and/or various construction materials 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 danger to the health, safety, or welfare of the public, he 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 considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice 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 property on which appliances, machinery, equipment, and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Borough shall have the authority to take measures to correct the conditions and collect the cost 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 a police officer or the Police Department may request and shall then be granted a hearing before the Borough Council, provided he files with the Borough Council within 10 days after notice of the police 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 sufficient cause.
B. 
After such hearing, the Borough Council shall sustain, modify or overrule the action of the police officer.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs, and in default of payment of said 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.