City of DuBois, PA
Clearfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of DuBois 9-8-1969 by Ord. No. 1096; amended in its entirety 7-25-1995 by Ord. No. 1544 (Ch. 10, Part 3, of the 1995 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
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 or 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 City.
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.
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 City. 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:
Broken windshields, 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 which could permit animal and/or vermin harborage.
Broken headlamps or taillamps 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 floor boards, including trunk and fire wall.
Damaged bumpers pulled away from the perimeter of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips.
Broken communications equipment antennas.
Suspended on unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the City.
[Amended 8-13-2001 by Ord. No. 1633]
The Codes Enforcement Officer and the City of DuBois police are 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, they or any one of them 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.
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 City shall have the authority to take measures to correct the condition and collect the cost of such corrections plus 10% of all costs. The City, 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.
[Amended 8-13-2001 by Ord. No. 1633]
Any person aggrieved by the decision of the Codes Enforcement Officer or by any member of the City of DuBois police force may request and shall then be granted a hearing before the City Council, providing he files with the City Council within 10 days after notice of decision by either the Codes Enforcement Officer or a member of the City of DuBois police force, 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 City Council shall sustain, modify or overrule the action of the Codes Enforcement Officer.
[Amended 8-13-2001 by Ord. No. 1633]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs and, in default of payment of said fine and costs, 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 City Council.