[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:
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 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.
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:
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.
A commercially designed material to be used specifically for the
purpose of covering a 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.
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.
A.
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.[1]
B.
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.[2]
C.
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,[2] by summary proceedings, under the Act of May 1, 1933, P.L. 103,
Article XVI, Section 1601, as amended,[3] 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,[4] 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.
