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:
A. Broken windshields, mirrors or other glass with sharp edges.
B. One or more flat or open tires or tubes, which could permit animals,
insects or vermin harborage.
C. Missing doors, windows, hood, trunk or other body parts, which could
permit insects, vermin or animal harborage.
D. Any body parts with sharp or dangerous edges, including holes or
similar areas resulting from rust.
E. Missing tires or otherwise resulting in unsafe suspension of the
motor vehicle.
F. Upholstery which is torn or open, which could permit insect, animal
and/or vermin harborage.
G. Broken headlamps 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, thereby creating
a nuisance or danger to the general public.
I. Protruding sharp objects from the chassis or other parts of the vehicle.
J. Broken vehicle frames suspended from the ground in an unstable manner.
K. 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.
L. Exposed battery containing acid.
M. Inoperable locking mechanism for doors or trunk.
N. Opened or damaged floorboard, including trunk and fire wall.
O. Damaged bumpers pulled away from the perimeter of the vehicle.
P. Broken grille with protruding or sharp edges.
Q. Loose, sharp or damaged metal trim and clips.
R. Broken communications equipment antennas.
S. Suspended or unstable supports.
T. 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.