[Adopted 8-1-2000 by Ord. No. 557, approved 8-1-2000]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
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.
Any condition, structure or improvement which shall constitute
a danger or potential danger to the health, safety or welfare of the
citizens of the Borough of Pen Argyl.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
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, owner or
lessee to maintain a motor vehicle nuisance upon the open private
grounds of such person, owner or lessee within the Borough of Pen
Argyl. 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:
A.
Broken windshields, mirrors or other glass, with sharp
edges.
B.
One or more flat or open tires or tubes which could
permit vermin harborage.
C.
Missing doors, windows, hood, trunk or other body
parts which could permit animal harborage.
D.
Any body parts with sharp edges, including holes resulting
from rust.
E.
Missing tires resulting in unsafe suspension of the
motor vehicle.
F.
Upholstery which is torn or open which could permit
animal and/or vermin harborage.
G.
Broken headlamps or tail lamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in
an unstable manner.
K.
Leaking or damaged oil pan or gas tank which could
cause fire or explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floor boards including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of
vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennas.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health,
safety and welfare of the citizens of the Borough of Pen Argyl.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 75-10 above may store such vehicle(s) only within a garage or other enclosed building.
B.
Nothing herein shall be construed to permit the operation of a junkyard contrary to the provisions of § 108-24A(6) of the Code of the Borough of Pen Argyl.
A.
The Chief of Police of the Borough of Pen Argyl and
his subordinate officers are hereby empowered to inspect private property
on which motor vehicles 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 threat 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 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.
If the owner of grounds on which motor vehicles
are stored does not comply with the notice to abate the nuisance,
within the time limit prescribed, the Borough of Pen Argyl 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 of
Pen Argyl, 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 the Chief
of Police of the Borough of Pen Argyl may request and shall then be
granted a hearing before the Borough Council of the Borough of Pen
Argyl, provided that he files with the Borough Council within 10 days
after notice of the Chief of Police'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 Chief of Police.
Any person who does not comply with the notice issued under § 75-12 within the time period specified in that notice, or within the time period required in the decision of Borough Council if a hearing is held under § 75-14, may be charged with a violation of this article. Upon conviction thereof, the individual shall be fined $500 if the violation is remedied within 30 days after the date of compliance set forth in the notice or in the decision of Borough Council. If the violation is not remedied within 30 days, there shall be an additional daily fine of $500 for each day starting on the 31st day.
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.
