Borough of Tullytown, PA Chapter 174 Vehicles, Storage of

[HISTORY: Adopted by the Borough Council of the Borough of Tullytown 11-26-1985 by Ord. No. 175 (Ch. 10, Part 2 of the 1985 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 126.

§ 174-1 Definitions; word usage.

[Amended 9-19-1988 by Ord. No. 201]

A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BOAT

Any craft or vehicle which may be propelled by motor, sail, or oar(s) in which people or property may be transported through or over water.

LESSEE

Owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.

MOTOR VEHICLE

Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.

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 motor vehicles are stored, whether individual or partnership, association, or corporation.

PERSON

A natural person, firm, partnership, association, corporation, or other legal entity.

B. In this chapter, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 174-2 Nuisances enumerated and prohibited.

[Amended 9-19-1988 by Ord. No. 201]

A. Motor vehicle nuisances. It shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon the open private grounds of such person, owner or lessee within the Borough. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:

(1) Broken windshields, mirrors or other glass, with sharp edges.

(2) One or more flat or open tires or tubes which could permit vermin harborage.

(3) Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.

(4) Any body parts with sharp edges, including holes resulting from rust.

(5) Missing tires resulting in unsafe suspension of the motor vehicle.

(6) Upholstery which is torn or open which could permit animal and/or vermin harborage.

(7) Broken headlamps or taillamps with sharp edges.

(8) Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.

(9) Protruding sharp objects from the chassis.

(10) Broken vehicle frame suspended from the ground in an unstable manner.

(11) Leaking or damaged oil pan or gas tank which could cause fire or explosion.

(12) Exposed battery containing acid.

(13) Inoperable locking mechanism for doors or trunk.

(14) Open or damaged floorboards, including trunk and firewall.

(15) Damaged bumpers pulled away from the perimeter of the vehicle.

(16) Broken grill with protruding edges.

(17) Loose or damaged metal trim and clips.

(18) Broken communication equipment antennas.

(19) Motor vehicle suspended on unstable supports.

(20) Such other defects which could threaten the health, safety and welfare of the citizens of the Borough.

B. Boat nuisances. It shall be unlawful for any person, owner or lessee to maintain a boat nuisance upon the private open grounds of such person, owner or lessee within the Borough. A boat nuisance shall include any boat which is maintained upon private open grounds and has any of the following defects:

(1) Boat suspended from the ground in an unstable manner or on unstable supports.

(2) Boat left uncovered or covered with torn or inappropriate coverings which would permit animal and/or vermin harborage.

(3) Any boat with sharp edges, including holes resulting from rust, rot or damage.

(4) Broken mirrors, windshields or other glass with sharp protruding edges.

(5) Leaking or damaged motors which could cause fires or explosions.

(6) Such other defects which could threaten the health, safety and welfare of the citizens of the Borough.[1]

[1] Editor's Note: Original § 203, which previously followed this section, was repealed 9-19-1988 by Ord. No. 201.

§ 174-3 Inspection; notice to comply.

[Amended 9-19-1988 by Ord. No. 201]

A. The Code Enforcement Officer is hereby empowered to inspect grounds on which motor vehicles and/or boats are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure, or improvement poses a threat to the health, safety, or welfare of the public, the Code Enforcement Officer 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 or structure or improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein 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.

§ 174-4 Authority to remedy noncompliance; costs.

If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the conditions, 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.

§ 174-5 Hearing.

A. Any person aggrieved by the decision of the Code Enforcement Officer 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 Code Enforcement 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 Code Enforcement Officer.

§ 174-6 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not more than $300 and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate offense.

§ 174-7 Remedies not mutually exclusive.

The remedies provided herein for the enforcement of this chapter, 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.