[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 6-1-1993 by Ord. No. 93-5. Amendments noted where applicable.]
For the purpose of this section, the terms used herein are defined as follows:
- ABANDONED OR JUNKED AUTOMOBILE, TRUCK OR VEHICLE
- Any one or more vehicles found to be on public or private property not within a completely enclosed structure, building or appropriate covering which can be easily secured from the potential health and safety hazards and which is found to be any one of the following:
- A. A vehicle for which a certificate of junk has been issued by the Pennsylvania Secretary of Revenue or the official designated by any other state to issue such certificates.
- B. Any vehicle, provided that such a vehicle is not registered with and certified by the Police Department as a repairable vehicle, in or on which it is found that any of the following conditions exist:
- ANTIQUE MOTOR VEHICLE
- A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications.
- APPROPRIATE COVERING
- A commercially designed material to be used specifically for the purpose of covering a motor vehicle.
- CLASSIC MOTOR VEHICLE
- A self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, because of discontinued production and limited availability, determined by the Pennsylvania Department of Transportation to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with manufacturer specifications and appearance.
- REPAIRABLE VEHICLE
- Any vehicle in or on which is found any of the conditions specified under the definition of an abandoned or junked vehicle and has been registered with the Township of Lower Frederick as a vehicle that will be repaired and properly titled within 120 days time from the date proof of intention to repair vehicle is offered.
- A person engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, junking, selling, rebuilding or exchanging the vehicles or parts thereof.
The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery or discarded equipment of any kind, or parts thereof, in or on any public or private property, vacant or occupied, within the Township of Lower Frederick shall be deemed to be and constitute a nuisance, and is hereby prohibited.
For any abandoned or junk vehicle on private property to be considered a repairable vehicle, an application must be made by the owner of the vehicle to Lower Frederick Township accompanied by a registration fee as set from time to time by resolution of the Board of Supervisors. Upon registration, the owner shall have 30 days to offer proof that he intends to purchase parts to repair the vehicle. Upon proof of such intention, owner shall have 120 days to have the vehicle properly inspected, licensed and in operating condition within the allotted time. Upon application, provided that the applicant does not already have a repairable vehicle registered within the Township, the Police Department shall certify that the vehicle may be registered as a repairable vehicle.
Any individual or individuals that have registered a repairable vehicle with the Township of Lower Frederick may, with a fee as set from time to time by resolution of the Board of Supervisors and written proof of a requisition for necessary parts yet to be delivered, renew his application for an additional 120 days if, and only if, the vehicle in question can be classified as an antique or classic motor vehicle.
Enforcement of this section shall be by the Police Department of Lower Frederick Township.
Whenever it is found that any person is maintaining a nuisance as defined in this chapter, any officer or employee of the Township or any policeman of the Township may serve notice thereof requiring that the condition be made safe, corrected or removed, by certified mail or by personally delivering the same to the offender.
State-bonded salvors may be used in the removal of vehicles from private property upon police request and signed permission of the owner.
Should any person cause or permit the continuance of a nuisance after 20 days from the date of mailing of the notice to abate, or fail to correct the condition complained of, the Township may, upon resolution of the Board of Supervisors that said nuisance creates a health or safety hazard, cause the removal or abatement of the nuisance or the correction of the condition complained of by such means as appear to it necessary.
In the event that the Township shall have expended moneys to abate or correct a nuisance under the terms of this chapter, it shall recover the cost thereof, a penalty of 5% and an attorney's fee of 5% by municipal claim proceedings under the Act of May 16, 1923, P.L. 207, as amended, by summary proceedings, under the Act of May 1, 1933, P.L. 103, Article XVI, Section 1601, as amended, by an action of assumpsit in the Court of Common Pleas of any county where jurisdiction may be obtained, under the Act of May 1, 1933, P.L. 103, Article XXXVI, Section 3601, as amended, or by such other remedies as may be provided by law, at the election of the Township.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.