[Ord. 649, 5/22/1974, § 1]
The dumping, storage or accumulation of junk or abandoned or
junked automobiles and other vehicles on public or private property
within the Borough of Bridgeville is hereby prohibited. It shall be
unlawful for any person, firm or corporation to dump, store or accumulate
junk or abandoned or junked automobiles and other vehicles on private
or public property within the Borough of Bridgeville.
[Ord. 649, 5/22/1974, § 2; as amended by Ord. 830,
2/13/1995; by Ord. 894, 9/8/2003, § 1; and by Ord. 916,
11/14/2005, § 1]
For the purpose of this Part the following definitions shall
be in effect:
Any automobile, truck or other vehicle that does not have
affixed thereto current license plates or current stickers, and as
is further defined by the Vehicle Code, 75 Pa.C.S.A. § 102.
Any discarded material or article such as is not ordinarily
disposed of as rubbish or refuse, and shall include, but not be limited
to, scrap metal and scrapped motor vehicles, and shall not include
any garbage or other organic waste or any paper, rubbish, rags or
other flammable article or material.
Any automobile, truck or other vehicle stored for resale
as junk metal or scrap or for the selling of parts therefrom; or vehicles
which shall be allowed to remain disabled or in need of substantial
repairs for a period of 30 days or more, or which vehicle is not capable
of being moved under its own power, or is without a wheel or wheels,
tire or tires or has no current registration tags or has not been
inspected for one or more inspection periods; there is excluded, however
from such definition all such vehicles which shall be stored or maintained
upon property occupied by a person, firm or corporation in the business
of buying and selling junk metal or parts, and which person, firm
or corporation had applied for and received an occupancy permit permitting
the conduct of such business on the premises on which said vehicle
or vehicles are stored.
[Ord. 649, 5/22/1974, § 3; as amended by Ord. 724,
5/4/1982; and by Ord. 894, 9/8/2003]
Whenever it shall be reported to the Police Department of the
Borough of Bridgeville that a violation of this Part has occurred,
the Police Department shall give notice to the person, firm or corporation
upon whose premises the said dumping, storing or accumulating has
taken place that such dumping, storing and accumulating constitutes
a public nuisance and the said notice shall direct the said property
owner to abate such nuisance by removing such accumulation and to
cease and desist from any dumping or storing on the premises within
30 days of the date of the notice. In the event that the property
owner shall not abate the nuisance then the said Borough of Bridgeville
Police Department through its agents, servants or employees or through
such other independent contractor as it may engage, may enter upon
the premises of said violator, remove any accumulations thereon and
collect by proceedings in an action of assumpsit before a district
magistrate the cost of removing the same together with a penalty of
10% provided by the Borough Code of the Commonwealth of Pennsylvania
enacted February 1, 1966 P.L. 1965 53 P.S. § 46205(5) or
in the alternative the Borough of Bridgeville may lien the costs together
with a 10% penalty against the said property owner as provided by
law.
[Ord. 649, 5/22/1974, § 4; as amended by Ord. 724,
5/4/1982; and by Ord. 830, 2/13/1995]
Notwithstanding any provisions of § 303 of this Part
pertaining to abatement, the enforcement of this Part shall lie with
the Department of Police. Any person violating the provisions of this
Part and found to be maintaining public nuisance by reason of said
dumping, storing, or accumulation of junked, abandoned, or junked
automobiles shall, upon conviction thereof, be sentenced to pay a
fine not to exceed $1,000 and costs, and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Every day that a violation of this Part continues it shall constitute
a separate offense.
[Ord. 649, 5/22/1974, § 5]
For the purpose of this Part the terms "firm" and "corporation"
shall mean any partner or principal officer of the same and it is
hereby ordained that such partner, partners, principal officer or
officers may be convicted under the provisions of this Part for failure
to abate any such nuisances by their respective firms or corporations.
[Ord. 649, 5/22/1974, § 6]
This Part shall not repeal any provisions of the Zoning Ordinance of the Borough of Bridgeville [Chapter 27] and any proceedings brought hereunder, may be brought cumulatively with actions for violations of the Zoning Ordinance of the Borough of Bridgeville brought by the Zoning Officer of the Borough of Bridgeville.
