§ 212-1Definitions; word usage.
§ 212-2Prohibited acts.
§ 212-3Inspection of premises; notice to comply.
§ 212-4Failure to comply with notice.
§ 212-5Hearing.
§ 212-6Violations and penalties.
§ 212-7Remedies not mutually exclusive.
§ 212-8Exceptions.
§ 212-9Repealer.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 streets or highways and including trailers or semitrailers pulled thereby.
- NUISANCE IN FACT
- Any combination of conditions which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of the Borough of Duncannon.
- OWNER
- The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association, or corporation, other than new or used car dealerships and/or repair garages that meet the zoning requirements of the Borough.
- PERSON
- A natural person, firm, partnership, association, corporation or other legal entity.
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 in fact upon the open private grounds of such person, owner or lessee within the Borough of Duncannon. A motor vehicle constitutes a nuisance in fact if it is unable to move under its own power and/or it is a vehicle that has three or more of the physical defects set forth in Subsections A through T of this section.
Broken windshield, mirrors or other glass, with sharp edges.
One or more flat or open tires or tubes which could permit vermin harborage.
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
Any body parts with sharp edges, including holes resulting from rust.
Missing tires resulting in unsafe suspension of the motor vehicle.
Upholstery which is torn or open and which could permit animal and/or vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frame suspended from the ground in an unstable manner.
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunk.
Open or damaged floorboards, including trunk and fire wall.
Damaged bumpers pulled away from the perimeter of the vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips.
Broken communications equipment antenna.
Suspended on unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Duncannon.
The Code/Ordinance 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 in fact, or if any other condition 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, return receipt requested, upon the owner of said premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously on the offending motor vehicle and/or premises. In the absence of the Officer, the Borough Manager shall perform these activities.
Said notice shall specify the condition or conditions complained of and shall require the owner to commence to remove or otherwise rectify the condition 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 Duncannon shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of 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 aggrieved by the decision of the Code/Ordinance Enforcement Officer may request and shall then be granted a hearing before the Duncannon Borough Council, provided he files with Council, within 10 days after notice of the Code/Ordinance 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.
After such hearing, the Duncannon Borough Council shall sustain, modify or overrule the action of the Code/Ordinance Enforcement Officer.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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 jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also 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 Duncannon Borough Council.
New and used car dealers and motor vehicle repair facilities shall be excluded from the operation of this chapter.
All ordinances or parts thereof which are inconsistent herewith are hereby repealed, except that the provisions for abandoned vehicles and motor vehicle storage set forth in § 225-86 and the provisions for administration and enforcement set forth in Article XVII of Chapter 225, Zoning, shall remain in full force and effect.
