[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres 12-13-1999 by Ord. No. 210. Amendments noted where
applicable.]
A.
BOROUGH
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Borough of Bell Acres.
Owner, for the purpose of this chapter, 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 of 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.
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 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 taillamps 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 floorboards, including trunk and fire
wall.
O.
Damaged bumpers pulled away from the perimeter of
the vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Suspended on unstable supports.
S.
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 one or more motor vehicle nuisances as defined in § 120-2 above may store such vehicle(s) 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 pursuant to a resolution of the Borough Council. The motor vehicle 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,
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
400 square feet.
A.
The Code 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 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 14 calendar 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.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof before a District Justice,
be sentenced to pay a fine of not more than $600 and, in default of
payment, to undergo imprisonment for a term not to exceed 30 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.
