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 the Borough of Auburn or upon any public grounds
owned by the Borough of Auburn, the State of Pennsylvania or the United
States of America, located within the Borough of Auburn. 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:
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 door, window, hood, trunk or other body part which could
permit animal harborage.
D. Any body part with sharp edges including holes resulting from rust.
E. Missing tire 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 lamp or tail lamp 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 mechanisms for doors or trunk.
N. Open or damaged floor board including trunk and fire wall.
O. Damaged bumper pulled away from the perimeter of the vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment antenna.
S. Suspended or unstable supports.
T. Any non-motor vehicle, such as a trailer, that could cause a hazardous
situation or could threaten the health, safety and welfare of the
citizens of the Borough.
U. Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Auburn.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in §
314-2, above, may store such vehicle in the Borough of Auburn 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 Borough of Auburn such as provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council, 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.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the condition, within the time
limit prescribed, the Borough of Auburn shall have the authority to
take measures to correct the conditions and collect the cost of such
corrections plus 10% of all costs. The Borough of Auburn, 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 who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county correctional facility for a
period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Schuylkill
County.
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 Council.