[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 5-14-1992 by Ord. No. 1025. Amendments noted where
applicable.]
A.
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
- 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 street 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 of Homestead.
- 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.
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:
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 antennae.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health,
safety and welfare of the citizens of the Borough of Homestead.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 245-2 above may store such vehicle(s) in the Borough only in strict compliance with the regulations provided herein, and provided such storage is permitted by Chapter 260, Zoning. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough such as may be provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council, and provided that such storage is permitted by Chapter 260, Zoning, motor vehicle 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 all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 200 square feet.
A.
The Zoning Officer or Ordinance Officer is hereby
empowered to inspect grounds on which motor vehicles 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, 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 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.
A.
Any person aggrieved by the decision of the Zoning
Officer or Ordinance Officer may request and shall then be granted
a hearing before the Borough Council, provided that he files with
the Borough Council within 10 days after notice of the Zoning or Ordinance
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 a petition
was filed unless postponed for sufficient cause.
B.
After such hearing, the Borough Council shall sustain,
modify or overrule the action of the Zoning Officer.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine not more than $600, 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.
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.
