[HISTORY: Adopted by the Borough Council of the Borough of Girard 7-15-1974 by Ord. No. 461 (Ch. XII, Part 3, of the 1974 Code of Ordinances). Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall apply:
- MOTOR VEHICLE
- Includes one or more motor vehicles, including trailers or semitrailers, or parts thereof.
- Any condition, structure, or improvements which shall constitute a threat to the health, safety, or welfare of the citizens of Girard Borough.
- Includes the actual owner, agent, or custodian of the property on which motor vehicles are stored, whether an individual, partnership, association or corporation, and the lessee shall be construed as the owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
- Includes every natural person, firm, partnership, association or corporation.
Except for licensed motor vehicles of the owners or occupiers of private grounds within the Borough of Girard, no used motor vehicle, junked or otherwise, shall be stored on said premises except in compliance with the provisions of this chapter.
Any person desiring to store motor vehicles on private grounds, except those mentioned in § 409-2, shall comply with the following:
All gas and oil shall be drained from the vehicle.
All glass shall be removed from any broken windshield, window or mirror.
All upholstery shall be removed.
All wheels shall be removed so that the said vehicle is rendered incapable of movement.
All trunk lids shall have their locks removed or shall themselves be removed.
All such stored motor vehicles shall be at least 25 feet from any building so as not to obstruct any fire-fighting equipment or emergency vehicles.
All such stored motor vehicles shall be at least 25 feet from any river or stream or any other natural watercourse.
All such stored motor vehicles shall at all times be kept free of infestation by vermin.
The enforcement officer is hereby empowered to inspect grounds on which motor vehicles are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of § 409-3 of this chapter is found, or if any condition, structure, or improvement poses a threat to the health, safety, or welfare of the public, he shall issue written notice, to be served by registered or certified mail, upon the owner of said premises or, if his 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 remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of mailing or posting of said notice.
If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the conditions within the time limit prescribed, the Borough shall have the authority to take measures to correct the conditions and collect the cost of such correction, plus a penalty of 10% of the cost thereof. 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 enforcement officer may request and shall be granted a hearing before the Borough Council, provided he shall file with said Council a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after notice of the enforcement officer's decision. 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 Borough Council shall sustain, modify or overrule the action of the enforcement officer, and the decision of the Council shall be final.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
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 Borough of Girard.