[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.]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall have the meanings
indicated, unless a differ, ent 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.
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 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:
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 floor boards, including trunk and fire wall.
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 communications equipment antennas.
S.
Suspended on unstable supports.
T.
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]
A.
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.
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 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]
A.
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.
B.
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; at time of adoption
of Code revisions (see Ch. 1, General Provisions, Art. II)]
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
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 City Council.
