Township of Crescent, PA Junked or Abandoned Motor Vehicles

The Board deems it to be a public nuisance and contrary to the general safety and welfare of the public for abandoned or junked motor vehicles to be placed, kept or left upon property within the Township.

The Board deems it to be a public nuisance and contrary to the general safety and welfare of the public for property within the Township not occupied by a licensed automobile repair facility to be used for storage and keeping of vehicles not owned by the property owner.

The Board deems it necessary to promote and provide for the repair or removal of such vehicles and penalize offenders in order to eliminate such public nuisance and further the promotion of the general health, safety and welfare within the Township.

§ 525.02 Definitions; word usage.

[Amended 5-18-2010 by Ord. No. 525]

As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

LESSEE

Owner for the purpose of this article 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

Any condition, structure, or improvement which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of the Township of Crescent.

OWNER

The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association, or corporation.

PERSON

A natural person, firm, partnership, association, corporation, or other legal entity.

In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 525.03 Motor vehicle nuisances prohibited.

[Amended 5-18-2010 by Ord. No. 525]

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 with the Township of Crescent. 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, truck 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.

(Reserved)

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 floor boards, including truck 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 communication equipment antennas.

Suspended on unstable supports.

Such other defects which could threaten the health, safety and welfare of the citizens of the Township of Crescent.

§ 525.04 Permit required for storage of motor vehicles.

[Amended 5-18-2010 by Ord. No. 525]

Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 525.03 above may store such vehicle(s) in the Township of Crescent only in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Township in the amount established from time to time, by resolution of the Board. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended.

With the special approval of the Township Board, motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 400 square feet.

Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 430, Zoning.

§ 525.05 Inspection of premises; notice to comply.

[Amended 5-18-2010 by Ord. No. 525]

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 Township of Crescent shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, 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.

§ 525.06 Hearing.

[Amended 5-18-2010 by Ord. No. 525]

Any person aggrieved by the decision of the police officer may request and shall then be granted a hearing before the Township Board of Commissioners, provided that he files with the Township Board within 10 days after notice of the police officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence no later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.

After such hearing, the Township Board of Commissioners shall sustain, modify or overrule the action of the police officer.

§ 525.07 Violations and penalties.

[Added 5-18-2010 by Ord. No. 525]

Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of no less than $25 nor more than $100 for the first offense, and not less than $50 nor more than $600 for each subsequent offence, and in default of payment of such fine and costs, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.

Remedies not mutually exclusive. The remedies provided herein for the enforcement of this article, 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 Township Board of Commissioners.

Article II Storage of Abandoned Equipment

[Added 5-18-2010 by Ord. No. 525]

§ 525.08 Definitions; word usage.

As used in this article, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the contact:

LESSEE

Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.

NUISANCE

Any condition, structure, or improvement which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of the Township of Crescent.

OWNER

The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association, or corporation.

PERSON

A natural person, firm, partnership, association, corporation, or other legal entity.

In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 525.09 Storage of nuisances prohibited.

It shall be unlawful for any person to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:

Broken glass or metal parts with sharp or protruding edges.

Containers which are conducive to the harboring and growth of vermin or animals.

Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt, or fall from its original position.

Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents, and poisons.

Refrigerator with the doors remaining attached.

Any other condition which shall threaten the health, safety or welfare of the citizens.

§ 525.10 Storage requirements.

Storage of such items as listed as listed in § 525.09 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 525.09 shall apply for a permit for either temporary or permanent storage and pay a fee to the Township pursuant to a resolution of the Township Board of Commissioners. Such nuisance(s) must be stored within a garage or other enclosed building or, outside, within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Township Board of Commissioners, nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, the appliances, machinery, equipment, or construction materials shall be kept free of vermin infestation while being stored; and all gas, oil, or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed 500 square feet. Nothing herein shall be constructed to permit the storage of appliances, machinery, equipment, or material nuisances contrary to the provisions of Chapter 430, Zoning.

§ 525.11 Inspection of premises; notice to comply.

The Police Department is hereby empowered to inspect private property on which appliances, machinery, equipment, and/or various construction materials are stored to determine if there is compliance with the provisions of this article. If noncompliance with the provisions of this article constitutes a nuisance, or if any condition, structure, or improvement poses a danger to the health, safety, or welfare of the public, he 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 considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice 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.

§ 525.12 Authority to remedy noncompliance.

If the owner of property on which appliances, machinery, equipment, and/or construction materials are stored does not comply with the notice to abate the nuisance, within the time limit prescribed, the Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, 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.

§ 525.13 Hearing.

Any person aggrieved by the decision of a police officer or the Police Department may request and shall then be granted a hearing before the Township Board of Commissioners, provided that he files with the Township Board within 10 days after notice of the police officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence no later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.

After such hearing, the Township Board of Commissioners shall sustain, modify, or overrule the action of the police officer.

§ 525.14 Violations and penalties.

Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of no more than $600 and costs, and in default of payment of said fine and costs, to undergo the imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.