[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown 5-7-2012 by Ord. No. 2012-1. Amendments noted where applicable.]
As used in this chapter, the following terms have the meanings indicated, unless a different meaning clearly appears from the context:
- The owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and/or repairs and/or when the lessee is responsible for maintenance and/or repairs.
- MOTOR VEHICLE
- Any type of mechanical device, propelled by a motor, in which person or property may be transported upon public streets or highways, and including but not limited to cars, trucks and trailers or semitrailers pulled thereby.
- Any condition, structure, improvement or other situation or circumstance which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Borough of Burgettstown. Said term shall include the unreasonable, unwarranted, and/or unlawful use of public or private property which causes, or has the potential to cause, injury, damage, harm or abuse, inconvenience, annoyance or discomfort to any person in the proper, lawful and/or legitimate enjoyment of his or her reasonable rights to or of person or property.
- The actual owner, lessee, possessor, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation or other legal entity.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person, owner, possessor, or lessee to maintain a motor vehicle nuisance upon the open private grounds of a person, owner, possessor or lessee within the Borough of Burgettstown. A motor vehicle nuisance shall include any motor vehicle which constitutes a nuisance as set forth herein or has any of the following physical defects, which force said vehicle to be a nuisance, including but not limited to Subsections A through T:
Broken windshields, mirrors or other glass with sharp edges.
One or more flat or open tires or tubes, which could permit animals, insects or vermin harborage.
Missing doors, windows, hood, trunk or other body parts, which could permit insects, vermin or animal harborage.
Any body parts with sharp or dangerous edges, including holes or similar areas resulting from rust.
Missing tires or otherwise resulting in unsafe suspension of the motor vehicle.
Upholstery which is torn or open, which could permit insect, animal and/or vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts, apart from the motor vehicle, stored in a disorderly fashion or loose in or on the vehicle, thereby creating a nuisance or danger to the general public.
Protruding sharp objects from the chassis or other parts of the vehicle.
Broken vehicle frames suspended from the ground in an unstable manner.
Leaking or damaged components, including, but not limited to, oil pans or gas tanks, which could cause fire or explosion or contamination to the ground or unreasonable exposure of substances to others.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunk.
Opened or damaged floorboard, including trunk and fire wall.
Damaged bumpers pulled away from the perimeter of the vehicle.
Broken grille with protruding or sharp edges.
Loose, sharp or damaged metal trim and clips.
Broken communications equipment antennas.
Suspended or unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Burgettstown.
Any person, owner, possessor or lessee who has one or more motor vehicle nuisances as defined in § 481-2 above may store such vehicle(s) in the Borough of Burgettstown only in strict compliance with the regulations provided herein. Such person or owner or lessee must first apply and obtain from the Borough a permit for temporary storage of said vehicle, which permit shall only be valid for a period not in excess of 60 days, and pay a fee to the Borough for said permit, the amount of which shall be determined from time to time by resolution of Borough Council. In any twelve-month period, no more than one permit shall be issued per real property location. Nothing contained herein shall be construed to permit the storage of any motor vehicle nuisances contrary to the provisions of Chapter 500, Zoning, of the Code of the Borough of Burgettstown.
The police officers and/or Code Enforcement Officer of the Borough of Burgettstown are hereby empowered to inspect the grounds on which motor vehicles are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety or welfare of the public, the police officer 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 is unknown, by posting the notice conspicuously upon the offending premises. Said notice shall specify the condition or situation complained of and shall require the owner to commence to remove or otherwise rectify the condition of the vehicle as set forth therein within 10 days of the mailing of said notice and, thereafter, to fully comply with the requirements of the notice within a reasonable time.
If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the conditions within the time limit prescribed, the Borough of Burgettstown shall have the authority to take measures to correct the conditions and to collect the cost of such corrections, plus 10% of all costs. The Borough of Burgettstown, 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 aggrieved by the decision of the police officer may request, and shall then be granted, a hearing before the Borough Council, provided he files with the Borough Council within 10 days after notice of the police 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. After such hearing, the Borough Council shall sustain, modify or overrule the action of the police officer.
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 Washington 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. In addition, nothing herein shall reduce or limit any right of the Borough to enforce any other right, law or remedy regarding the subject matter of this chapter.
All other terms and provisions of any and all other Borough ordinances, not specifically referred to herein, to the extent the same are more stringent, shall remain in full force and effect.
This chapter shall not apply to any auto repair business or similar entity that is duly licensed and is otherwise in conformity with all other ordinances of Burgettstown Borough.