[Adopted 3-5-1968 by Ord. No. 64]
From and after passage of this article, it shall
be unlawful for any person, firm or corporation to place, store or
maintain at an outside location for a period in excess of 30 days
any junked or abandoned vehicles[1] or household appliances; any used building materials of
any kind or description; any junked, abandoned or damaged machinery,
equipment, parts or apparatus; or any debris, junk or scrap materials
of whatever kind or nature, without a permit as hereinafter provided.
[1]
Editor’s Note: See now Art. IV, Abandoned
Motor Vehicles.
[Amended 11-15-1983 by Ord. No. 152]
Any person, firm or corporation maintaining
or storing any such materials on the effective date of this article
shall either remove such materials within 30 days from said effective
date or obtain within 30 days from said effective date a permit to
continue to maintain or store such materials at an outside location
on such property owned or occupied by such person, firm or corporation.
In the event that the permit is not granted by the Mayor, such person,
firm or corporation shall remove said materials within 30 days from
the date of notice that the permit applied for was not granted.
[Amended 11-15-1983 by Ord. No. 152]
Applications for permits to place, store or
maintain such materials may be obtained from the Mayor. The Mayor
is hereby authorized to grant blanket permits to persons, firms or
corporations engaging in a business where placing, storing or maintaining
of such materials is as a matter of custom ancillary to the conduct
of that business activity. Such blanket permit shall be valid for
a period of one year from the date of issue, provided that such material
is placed, maintained and stored in accordance with the provisions
of this article.
Every application for a permit to place, store or maintain any material of the type specified in § 70-5 hereof shall contain a description of the material; contain an estimate of the value of the material; and state the location of the property on which it is to be placed, stored or maintained, the proposed method of storage, the use ultimately intended to be made of such material and the period of time for which the permit is sought. No permit shall be granted for a period in excess of one year without the approval of the Borough Council. Permits, other than blanket permits, shall not be renewed without the approval of the Borough Council for cause shown.
In the event that any person, firm or corporation
shall fail to remove any material within 30 days from the date of
notice to remove any material, the Borough may cause the same to be
done and collect the cost thereof, together with the penalty of 10%
of such cost, in the manner provided by law for the collection of
municipal claims or by action of assumpsit or may seek relief by bill
in equity.
It shall be unlawful for any person, firm or
corporation to place, store or maintain at an outside location refrigerators,
ovens or other appliances or devices in which children could be trapped
unless such refrigerators or other machines and appliances have doors
removed therefrom or the doors secured so as to prevent children from
entering such devices.
[Amended 11-15-1983 by Ord. No. 152]
No permit for the placement, storage or maintenance of any material of the type specified in § 70-5 of this article shall be issued whenever, in the opinion of the Mayor and concurred in by the Borough Council, the health, safety, cleanliness or beauty of the Borough would be sufficiently impaired to outweigh the utility of outside storage of the material.
Every person, firm or corporation who is issued a permit under this article shall constantly maintain the premises upon which material of the type specified in § 70-5 hereof is placed, stored or maintained in the following manner:
A.
Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health of the community
or of residents nearby or a place for the breeding of rodents and
vermin.
B.
No garbage or other organic wastes and no paper, rubbish,
rags or other flammable articles shall be stored in such premises.
D.
The manner of placement, storage and maintenance of
said materials and the drainage facilities shall be such as to prevent
the accumulation of stagnant water upon the premises and to facilitate
access for fire-fighting purposes.
[Amended 11-15-1983 by Ord. No. 152]
The Mayor shall be authorized to prepare rules
and regulations for the efficient administration and enforcement of
the provisions of this article. Such rules and regulations, when approved
by resolution of the Council and published, shall become and are hereby
made a part of this article, and any person violating any one of such
rules shall be punished as for a violation of this article.
[Amended 11-15-1983 by Ord. No. 152]
Any person who shall violate any provision of
this article or the provision of any rules and regulations promulgated
as herein provided shall, upon conviction, be sentenced to pay a fine
of not more than $300 or, in default of payment of such fine, then
to be imprisoned for not more than 30 days; provided, however, that
if the Magisterial District Judge determines that the defendant is
without the financial means to pay the fines and costs immediately
or in a single remittance, such defendant shall be permitted to pay
the fines or costs in installments and over such periods of time as
the Magisterial District Judge deems to be just. Each day's continuance
of the violation of this article shall constitute a separate offense.
