[Ord. 91, 5/14/1991, § 1]
1.
LESSEE
MOTOR VEHICLE
NUISANCE
PERSON
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Owner for the purpose of this Part 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, mobile homes or semitrailers pulled thereby
or capable of being 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 Ralpho Township.
A natural person, firm, partnership, association, corporation
or other legal entity.
2.
In this Part the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 91, 5/14/1991, § 2; as amended by Ord. 113,
7/9/1996, §§ 1, 2; and by Ord. 188, 7/11/2017]
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 Ralpho Township. A motor vehicle shall include
any motor vehicle which is unable to move under its own power or 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 would
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 head-lamps or tail-lamps 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 the vehicle.
P.
Broke grill with protruding edges.
Q.
Loose or damage metal trim and clips.
R.
Broken communication equipment antennae.
S.
Suspended on unstable supports.
T.
Expired inspection sticker.
U.
Expired registration.
V.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Ralpho Township.
[Ord. 91, 5/14/1991, § 3]
1.
Any person, owner or lessee who has one or more motor vehicle nuisances
as defined in § 102 above, may store such vehicle(s) in
Ralpho Township 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 Ralpho
Township pursuant to a resolution of the Supervisors of Ralpho Township.
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.
2.
With the special approval of the Supervisors of Ralpho Township,
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 store.
The total area of storage of motor vehicle nuisances may not exceed
650 square feet.
[Ord. 91, 5/14/1991, § 4]
1.
The Code Enforcement Officer is hereby empowered to inspect private
property on which motor vehicles are stored to determine if there
is compliance with the provisions of this Part. If noncompliance with
the provisions of this Part constitutes a nuisance, or if any condition,
structure or improvement poses a threat 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.
2.
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.
[Ord. 91, 5/14/1991, § 5; as amended by Ord. 119,
4/14/1998]
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 Code Enforcement Officer shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% of all costs. The Code Enforcement Officer,
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.
[Ord. 91, 5/14/1991, § 6]
1.
Any person aggrieved by the decision of the Code Enforcement Officer
may request and shall then be granted a hearing before the Supervisors
of Ralpho Township; provided, he files with the Supervisors of Ralpho
Township within 10 days after notice of the Code Enforcement Officer's
decision, 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.
2.
After such hearing, the Supervisors of Ralpho Township shall sustain,
modify or overrule the action of the Code Enforcement Officer.
[Ord. 91, 5/14/1991, § 7; as amended by Ord. 112,
6/11/1996, §§ 1,2; and by Ord. 119, 4/14/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 91, 5/14/1991, § 8]
The remedies provided herein for the enforcement of this Part,
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 Supervisors of Ralpho Township.
