[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 9-17-2002 by Ord.
No. 867 (Ch. X, Part 2, of the 1993 Code of Ordinances).
Amendments noted where applicable.]
The Borough Council of the Borough of West Reading, Berks County,
Pennsylvania, finds that removal of nuisances is in the interest of
the citizens of the Borough and that removal of nuisances on public
and private property promotes the public health, safety and welfare
of all residents of the Borough.
For the purposes of this chapter, the following terms, phrases
and words and their derivatives shall have the meanings given herein.
When not consistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
Any motorized vehicle which is without a currently valid
license plate or plates and/or is in a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative or abandoned condition.
Without limiting the generality of the foregoing, an abandoned motor
vehicle shall include any motor vehicle which has any of the following
physical defects:
Broken windshield, mirrors or other glass, with sharp edges;
One or more flat or open tires or tubes which could permit vermin
harborage;
Missing doors, windows, hood trunk or other body parts which
could permit animal harborage;
Any body parts with sharp edges, including holes resulting from
rust;
Missing tires resulting in unsafe suspension of the motor vehicle;
Upholstery which is torn or open which could permit 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;
Protruding sharp objects from the chassis;
Broken vehicle frame suspended from the ground in an unstable
manner;
Leaking or damaged oil pan tank which could cause fire or explosion;
Exposed battery containing acid;
Inoperable locking mechanism for doors or trunk;
Open or damaged floor boards, including trunk and firewall;
Damaged bumpers pulled away from the perimeter of vehicle;
Broken grill with protruding edges;
Loose or damaged metal trim and clips;
Broken communication equipment antennas;
Suspended or unstable supports;
Such other defects which could threaten the health, safety and
welfare of the citizens of the Borough of West Reading.
Having a wall or walk, window or windows and a door used
as access to the dwelling.
Any condition or use of premises or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial diminution in the value of other property
in the neighborhood in which such premises are located. This includes,
but is not limited to, the keeping or depositing on or the scattering
over the premises of any of the following:
Junk, trash or debris.
Abandoned, discarded or unused objects or equipment, such as
motor vehicles, furniture, stoves, refrigerators, freezers, cans or
containers.
Maintaining, or causing to be maintained, any dangerous structures,
including but not limited to abandoned, occupied or unoccupied buildings
or parts of buildings.
Maintaining or causing to be maintained upon any unenclosed
porch or exterior attachment, which faces a regularly traveled thoroughfare,
furniture, other than furniture designed for exterior use, which is
commonly intended for use inside a dwelling, including but not limited
to upholstered sofas, chairs, davenports, beds, divans and the like.
The use of a porch roof or other second story or higher portion
of a structure for a nondesigned use, unless said porch roof or other
portion of structure is specifically designed for said use.[1]
Trees, shrubs, hedges or other vegetation overhanging sidewalks
or other pedestrian walkways at a height less than eight feet.
Trees, shrubs or other vegetation overhanging a road right-of-way
at a height of less than 16 feet, measured from the street surface
at the curb.
Garbage, garbage containers, trash stored in the front of a
building on a porch or front yard, except for the 24 hours immediately
prior to the regularly scheduled collection of trash.
Maintaining more than one unregistered or uninspected motor
vehicle(s) on a lot, except for properly licensed new or used car
dealers.
A person giving, leasing, occupying or having charge of any
premises within the Borough.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Any area attached to or appended to a building regularly
used for dwelling.
A roof at the second story or above on any building, which
extends over an unenclosed area.
Any street, alley or thoroughfare on which one or more motor
vehicles travel during any twenty-four-hour period.
Nuisances, as defined herein, are hereby declared to be illegal.
A.
Any person who has one or more abandoned motor vehicles as defined in this chapter may store such vehicle in the Borough of West Reading only in strict compliance with the regulations provided herein. Such person must first apply for a permit for either temporary or permanent storage and pay a fee in such amount as set by resolution per abandoned motor vehicle to the Borough. The abandoned motor vehicle must be stored within a garage or other enclosed building. In addition, all gas and oil or other flammable liquid shall be removed from the abandoned motor vehicle and it shall be kept free of vermin infestation while stored. Nothing herein shall be construed to permit the storage of abandoned motor vehicles contrary to the provisions of Chapter 455, Zoning.[1]
B.
The Code Enforcement Officer is hereby empowered to inspect the grounds
on which motor vehicles are stored to determine if there is compliance
with the provisions hereof. Noncompliance of the provisions hereof
shall constitute a nuisance.
A.
Abatement of nuisance by owners. The owner, owners, tenants, lessees
and/or occupants of any lot within the Borough upon which a nuisance
is found to exist, and also the owner, owners and/or lessees of said
personalty involved in such storage (all of whom are hereafter referred
to as "owners"), shall jointly and severally abate said nuisance by
the prompt removal of said nuisance.
B.
Abatement of nuisance by Borough. Whenever said owner(s) shall fail
to abate said nuisance, the Borough shall take such action as is necessary
to abate said nuisance without liability for damage to the property.
The actual costs of abating said nuisance, including actual labor
charges, equipment rental charges, postage and 25% of the costs for
administrative overhead, plus 50% of the total, shall be collected
from the owner of the premises either by an action in assumpsit or
by the filing of a municipal claim or lien against said real property.
In addition to the above, the Borough may, by an action in equity,
compel the owner to comply with this chapter or take such other relief
as a court may order.
A.
Whenever a condition constituting a nuisance is permitted or maintained
upon premises situate in the Borough, the Code Enforcement Officer
shall cause written notice to be served upon the owner in one of the
following ways:
(1)
By personal delivery of the notice to the owner, tenant or lessee
of the premises.
(2)
By leaving the notice with an adult upon the premises.
(3)
By attaching a copy of the notice to the door at the entrance of
the premises in violation.
(4)
By mailing, by certified mail, a notice to the last known address
of the owner.
B.
Such notice shall set forth in what respects such conditions constitute
a nuisance and whether removal is necessary and required by the Borough
or whether the situation can be corrected by repairs, alterations
or by boarding or fencing or in some other manner confining and limiting
the nuisance.
C.
Such notice shall require the owner(s) to commence action, in accordance
with the terms thereof, within seven days of the date of notice, and
thereafter to complete the work necessary to comply fully with the
terms of the notice as soon as is reasonable, but not later than 60
days from the date of said notice, provided that the owner(s) has
requested such an extension within the original term for compliance.
D.
The expense of said compliance shall be at the expense of the owner;
provided, however, that if a violation requires immediate correction,
such notice shall require the owner to immediately comply with the
terms thereof.
E.
Notice required hereunder shall be given one time during a calendar
year.
F.
Each day shall constitute a separate violation of this chapter.
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 Borough correctional facility for a period not exceeding
10 days or 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 Berks County.
