[Adopted 8-2-1993 by Ord.
No. 580 (Ch. 64, Art. III, of the 1972 Code)]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Includes the Chief of Police, Police Officer, Police Detective,
Building Inspector, Zoning Officer or Borough Manager.
The owner, for the purposes of this article, when the lessor
holds the lessee responsible for maintenance and repair.
Any kind of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways,
and including trailers or semi-trailers.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety and welfare of
the residents of the Borough of Souderton.
The actual owner, agent or custodian of the property on which
machinery, equipment, vehicles or materials are stored, whether individual
or partnership, association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
It shall be unlawful for any person to store or maintain abandoned,
unused, stripped, damaged and generally unusable appliances, machinery,
equipment or construction materials in the open on private property.
Such storage is hereby declared to be a public nuisance if any of
the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Containers which are conducive to the harboring and growth of vermin
or animals.
C.
Storage in any manner which would allow the equipment, machinery,
materials or any parts thereof to easily shift, tilt or fall from
its original storage position.
D.
Containers of any liquid or materials of a hazardous or potentially
hazardous nature, including but not limited to gasoline, oil, battery
acids, refrigeration agents and poisons.
E.
Any condition which shall threaten the health, safety or welfare
of the citizens.
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance in the open upon the private property of
such person, owner or lessee within the Borough of Souderton. A motor
vehicle is hereby declared to be a nuisance if such vehicle is unable
to move under its own power and has any of the following physical
defects:
A.
Broken windshields, windows, mirrors or other glass with sharp edges.
B.
One or more flat or open tires or tubes which could permit the harborage
of vermin.
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 a motor vehicle.
F.
Upholstery which is torn or open which could permit 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.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame 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 for doors or trunk.
N.
Open or damaged floor boards, including trunk and firewall.
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 antennae.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Souderton.
A.
The Code Enforcement Officer of the Borough of Souderton is hereby
empowered to inspect private property on which appliances, vehicles,
machinery, equipment and/or various construction materials are stored
to determine if there is compliance with the provisions of this article.
If noncompliance with the provisions of this article constitutes a
nuisance, or if any condition, structure or improvement poses a danger
to the health, safety, or welfare of the public, such officer shall
issue a written notice, to be served by certified mail upon the owner
of said premises, or, if the owner's whereabouts or identity
is unknown, by posting a notice conspicuously upon the offending premises.
B.
Such notice shall specify the condition considered to be a hazard
and/or a nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in a notice within
10 days of mailing of said notice, and thereafter to fully comply
with the requirements of the notice within a reasonable time.
If the owner of property on which appliances, vehicles, machinery,
equipment and/or construction materials are stored does not comply
with the notice to abate a nuisance within the time limit prescribed,
the Borough shall have the authority to take measures to correct the
condition and collect the cost of such correction. The Borough, in
such event and pursuant to its statutory authority, shall have the
right to enter upon the premises to accomplish the foregoing.
Any person who shall fail to comply with the terms of any notice
or who shall otherwise violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and, in default of payment, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
The remedies provided herein for the enforcement of this article,
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.
