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 Trainer. A motor vehicle nuisance
shall include but not be limited to 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 doors, windows, hood, trunk or other body parts which could
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 headlamps or taillamps 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 frames 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 of doors or trunk which would give access
to vagrants or children.
N. Open or damaged floorboards including trunk and fire wall.
O. Damaged bumpers pulled away from the perimeter of vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment antennas.
S. Suspended on unstable supports.
T. Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Trainer.
It shall be unlawful for any person to accumulate or store any
junked, abandoned or discarded vehicle, trailer or boat on private
or public property within the Borough of Trainer, Delaware County,
Pennsylvania.
All prosecutions of this article shall be brought in the name
of the Borough of Trainer before any Magisterial District Judge and
shall be commenced by information and warrant, citation or complaint
and summons, and shall be returnable forthwith and, upon such return,
like proceedings shall be had as in case of summary convictions.
Whenever it comes to the attention of the Mayor or his designee that any nuisance as defined in §
196-9 of this article exists in the Borough of Trainer, a notice in writing shall be served upon the occupant of the land where the nuisance exists or, in a case there is no such occupant, then upon the owner of the property or his agent and/or the owner of the vehicle notifying them of the existence of the nuisance and requesting its removal in the time specified in this article.
Upon proper notice and opportunity to be heard, the owner of
the abandoned, wrecked, dismantled or inoperative vehicle and the
owner or occupant of the private property on which the same is located,
either or all of them, shall be responsible for its removal. In the
event of removal and disposition by the Borough of Trainer, the owner
or occupant of the private property where same is located shall be
liable for the expenses incurred.
The Mayor or his designee shall give notice of removal to the
owner or occupant of the private property where it is located and/or
the owner of the vehicle at least five days before the time of compliance.
It shall constitute sufficient notice when a copy of same is posted
in a conspicuous place upon the private property on which the vehicle
is located and duplicate copies are sent by registered mail to the
owner or occupant of the private property at his last known address.
The notice shall contain the request for removal within the
time specified in this article, and the notice shall advise that,
upon failure to comply with the notice to remove, the Borough of Trainer
or its designee shall undertake such removal with the cost of removal
to be levied against the owner or occupant of the property.
If the violation described in the notice has not been remedied
within the five-day period of compliance or in the event that a notice
requesting a hearing is timely filed, a hearing is had, and the existence
of the violation is affirmed by the Magisterial District Judge Court,
the Mayor or his designee shall have the right to take possession
of the junked motor vehicle and remove it from the premises. It shall
be unlawful for any person to interfere with, hinder or refuse to
allow such person or persons to enter upon private property for the
purpose of removing a vehicle under the provisions of this article.
Within 48 hours of the removal of such vehicle, the Mayor or
his designee shall give notice to the registered owner of the vehicle,
if known, and also to the owner or occupant of the private property
from which the vehicle was removed that said vehicle or vehicles has
been impounded and stored for violation of this article. The notice
shall give the location of where the vehicle or vehicles are stored
and the costs incurred by the Borough of Trainer for removal.
Upon the failure of the owner or occupant of property on which
abandoned vehicles have been removed by the Borough to pay the unrecovered
expenses incurred by the Borough of Trainer in such removal, a lien
shall be placed upon the property for the amount of such expenses.
Any person violating any of the provisions of this article shall
be guilty of a summary offense and, upon conviction, shall be subject
to a fine of not more than $1,000. Each act in violation of any of
the provisions hereof shall be deemed a separate offense.