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.
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.
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.