[HISTORY: Adopted by the Borough Council
of the Borough of Bonneauville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-19-1994 by Ord. No. 69 (Ch,
10, Part 2, of the 1994 Code)]
A.
ENFORCEMENT OFFICER
LESSEE
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:
The Borough Manager or such person as designated from time
to time by Borough Council.
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repairs.
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.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials 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 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.
A.
Storage of such items as listed in § 140-2 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 § 140-2 shall apply for a permit for either temporary or permanent storage and pay a fee as established, from time to time, by 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.
B.
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 200 square feet.
A.
The Enforcement Officer is hereby empowered to inspect
private property on which appliances, machinery, equipment, and/or
various construction materials 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 danger 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 considered
to be a hazard and/or nuisance and shall require the owner to commence
to remove or otherwise rectify the condition as set forth in the notice
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 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.
A.
Any person aggrieved by the decision of the 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 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 Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of
this article shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Adams County.
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.
[Adopted 4-19-1994 by Ord. No. 69; amended
in its entirety 9-20-2005 by Ord. No. 90 (Ch, 10, Part 3, of the
1994 Code)]
As used in this article, the following terms
shall have the meanings indicated:
A.
ENFORCEMENT OFFICER
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:
The Borough Manager or such person as designated from time
to time by Borough Council.
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 motor vehicle which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of the Borough as further set forth under § 140-10 herein.
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.
[Amended 3-21-2023 by Ord. No. 120]
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 or upon public streets within
the Borough. A motor vehicle nuisance shall include, but is not limited
to, any motor vehicle which does not have a current license or registration
or is unable to move under its own power or 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 head-lamps 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.
A.
Any person, owner or lessee, who has not more than one motor vehicle nuisances as defined in § 140-10 above may store such vehicle in the Borough only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough in an amount as established, from time to time, by resolution of Borough Council. The motor vehicle nuisance must be stored within a garage or other enclosed areas designed and approved for such purposes.
A.
The Enforcement Officer is 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 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.
A.
Any person aggrieved by the decision of the Enforcement
Officer may request and shall then be granted a hearing before the
Borough Council, providing he files with the Borough Council within
10 days after notice of the 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 Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of
this article shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Adams County.
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.
