[Adopted 8-2-1988 by Ord. No. 411 (Ch. 20, Part 2, of the
1993 Code)]
No property owner in the Borough of Muncy shall maintain a nuisance.
[Amended 6-1-1993 by Ord. No. 429]
As used in this article, certain terms are defined as follows:
Includes but shall not be limited to furnaces, parts of furnaces,
sinks, tubs, toilets, auto parts, electrical appliances and furniture
of little value and not properly housed, as well as any abandoned
motor vehicle.
The vehicle is physically inoperable and is left unattended
on a highway, public or private property, or Borough lots for more
than 48 hours.
The vehicle has remained illegally on a Borough street or alley
for a period of more than 48 hours.
The vehicle is in violation of Pennsylvania Vehicle Code, Equipment
Standards, Title 75, and cannot be legally operated on the roadways.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 24
hours.
The vehicle has remained on a Borough street or alley and has
not been moved for 96 hours or more.
Exception to the definitions of "abandoned vehicles" shall include:
Vehicles and equipment used or to be used in construction or
maintenance of Borough streets or alleys, provided they are left in
a manner which does not interfere with the normal movement of traffic.
Antique motor vehicles and classic motor vehicles, provided
the vehicles are in the process of being restored. The vehicle may
not interfere with the normal movement of traffic and cannot be parked
along a Borough street or alley. It is the responsibility of the owner
to provide proof to the Police Chief that the vehicle is in a state
of repair, and the restoration is an ongoing process and failure to
provide such proof that the vehicle is being restored or repaired
shall not qualify for this exception.
A motor vehicle, not a reproduction, manufactured more than
25 years prior to the current year and is in conformance with original
manufacturer's specifications.
A motor vehicle, not a reproduction, manufactured more than
10 years prior to the current year and is in conformance with original
manufacturer's specifications.
Includes but shall not be limited to any and all forms of
waste and refuse of any type of material including scrap metal, abandoned
or junk motor vehicles, glass, industrial waste or other salvageable
materials.
Includes but shall not be limited to possessing or maintaining
accumulations of garbage, rubbish or refuse, the storage or accumulation
of abandoned or junk motor vehicles, or motor vehicles not used or
licensed, upon any Borough street, alley, public or private property,
the storage or accumulation of other abandoned or junk material, the
carrying on of any offensive manufacturer or business and the accumulation
of junk.
Both private and public property.
All natural persons, corporations, associations, school district,
churches, tenants or occupiers of property in the Borough.
[Amended 6-1-1993 by Ord. No. 429]
The Borough Health Officer, Borough Board of Health, Police
Chief or anyone acting under them, shall have the authority to remove
any nuisance on public or private grounds, Borough street or alley,
after notice to the owner to do so and in his default, to collect
the cost of such removal together with a penalty of 10%.
The sections of this article shall be in addition to zoning,
fire prevention, sanitary and building laws, ordinances or resolutions
now in force and applicable to the locality in which the object exists.
All ordinances or parts of ordinances inconsistent herewith,
are hereby repealed. However, this article shall in no way repeal
any zoning ordinance or zoning permit issued pursuant to such zoning
ordinance, nor shall this article be applicable to any license, scrap
or scrap processing dealer.
In addition, the Health Officer or the Borough Board of Health
may institute proceedings in courts of equity to enforce this article.
Any person guilty of violation of this article shall, upon summary
conviction before a Magisterial District Judge, be sentenced to pay
a fine up to $300 and costs of prosecution and/or undergo imprisonment
in the county jail for not more than 90 days. Each 48 hours that the
violation is not corrected shall be considered a separate offense.
