[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim 5-13-1968 by Ord. No. 1968-8 (Part 8, Ch. 2, of the 1976 Code
of Ordinances). Amendments noted where applicable.]
The Commissioners of the Township find that the storage or parking
of wrecked, junked, stripped or abandoned motor vehicles on private
property or the storage, placement or accumulation on private property
of junked, wrecked, discarded or abandoned machinery, equipment, household
appliances or other debris and waste materials of any kind or description
constitutes a nuisance and is detrimental to the public health, safety,
morals and welfare, except when such vehicles or other herein-named
items are parked or stored in a building, or unless the same be authorized
in conjunction with a business properly operated pursuant to the zoning
and other laws of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
The items or materials so described are no longer in current
usage as evidenced by an apparent relinquishment of all rights thereto
through continued disuse.
It shall be unlawful to park, store or leave any motor vehicle
of any kind in a wrecked, junked, stripped or abandoned condition
on private property, unless in a building, and it shall be unlawful
for the owner of such motor vehicle, or the owner or occupant of any
property, to allow, permit or suffer the same to be left upon any
privately owned property, unless the same be authorized in conjunction
with a business properly operated pursuant to the zoning laws and
other laws of the Township.
It shall be unlawful to store, place or accumulate on private
property any junked, wrecked, discarded or abandoned machinery, equipment,
household appliances or other debris and waste materials of any kind
or description, unless in a building, and it shall be unlawful for
the owner of such items, or the owner or occupant of any property,
to allow, permit or suffer the same to be left upon any privately
owned property, unless the same be authorized in conjunction with
a business properly operated pursuant to the zoning laws and other
laws of the Township.
If the Commissioners or any of their authorized agents find
that a violation of this chapter exists, they shall notify the owner
of the property on which the violation exists or the owner of the
motor vehicle or other discarded or abandoned item, or both, of the
violation and order the owner of the motor vehicle or vehicles or
other items, within 10 days thereof, and the owner of the property
on which the motor vehicle or vehicles or other items are stored or
parked, within 10 days thereof, to remove the motor vehicle or vehicles
or other items.
Notice shall be given by personal service or by certified mail
to the last known address of the violator. In the event that, on diligent
search, the address of either the property owner or the owner of the
motor vehicle or other items cannot be ascertained, the posting of
the notice or copies thereof on the real property, motor vehicle or
other items, structure or area immediately adjacent thereto shall
constitute sufficient notice.
Within 10 days after notice, the party or parties affected may
request a hearing with the Commissioners by filing a written request
with the Manager-Secretary. The Commissioners, after the hearing,
shall affirm, withdraw or modify the notice.
If a hearing is not requested, then the parties affected shall
proceed to remove or have removed the motor vehicle or vehicles or
other items from the property in question in accordance with the notice
and order.
On proper request, a hearing on the matter shall be given forthwith,
and, where more than one party is involved, it shall be the duty of
the party requesting the hearing to notify the Manager-Secretary of
the names and addresses of all other parties affected or interested.
If the violation complained of shall not have been remedied
within the period as required by the order, the Township shall, through
its own agents, contractors and/or employees, remedy the violations
and charge the costs thereof to the real property owner on whose property
the vehicles or other items are located. The cost shall, after a proper
demand and refusal or a failure to pay after 30 days, constitute a
lien on the realty at such time as it shall thereafter be filed by
the Solicitor.
[Amended 12-12-1994 by Ord. No. 1994-28]
Any person who violates any provision of this chapter shall,
for every such violation, be subject to a fine or penalty of not less
than $25 nor more than $600, and costs, and, in default of payment
of fine or penalty and costs, to imprisonment for not more than 30
days, provided each day's failure to comply with an order of
the Board of Commissioners issued by authority of this chapter shall
constitute a separate violation.
