[Ord. 1-1986, 2/20/1986]
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance upon the open private grounds of such person,
owner or lessee within the Borough of Hummelstown. A motor vehicle
nuisance shall include any motor vehicle which is unable to move under
its own power and has any of the following physical defects:
1. Broken windshields, mirrors or other glass, with sharp edges.
2. One or more flat or open tires or tubes which could permit vermin
harborage.
3. Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
4. Any body parts with sharp edges including holes resulting from rust.
5. Missing tires resulting in unsafe suspension of the motor vehicle.
6. Upholstery which is torn or open which could permit animal and/or
vermin harborage.
7. Broken headlamps or tail-lamps with sharp edges.
8. Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
9. Protruding sharp objects from the chassis.
10. Broken vehicle frame suspended from the ground in an unstable manner.
11. Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
12. Exposed battery containing acid.
13. Inoperable locking mechanism for doors or trunk.
14. Open or damaged floor boards including trunk and firewall.
15. Damaged bumpers pulled away from the perimeter of vehicle.
16. Broken grill with protruding edges.
17. Loose or damaged metal trim and clips.
18. Broken communication equipment antennae.
19. Suspended on unstable supports.
20. Such other defects which could threaten the health, safety or welfare
of the citizens of the Borough of Hummelstown.
[Ord. 1-1986, 2/20/1986]
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in §
10-302 above may store such vehicle(s) in the Borough only in strict compliance with the regulations provided herein. Such person, owner or lessee must, first, apply for a permit for either temporary or permanent storage and pay a fee to the Borough such as may be provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or, outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 200 square feet.
Nothing herein shall be construed to permit the storage of motor
vehicle nuisances contrary to the provisions of the Borough Zoning
Ordinance.
[Ord. 1-1986, 2/20/1986; as amended by Ord, 2004-03, 5/20/2004, § 2]
1. The Police Department is hereby empowered to inspect the grounds
on which motor vehicles are stored to determine if there is compliance
with the provisions of this Part. If noncompliance with the provisions
of this Part constitutes a nuisance, or if any condition, structure,
or improvement poses a threat to the health, safety, or welfare of
the public, the Chief of Police shall issue a written notice to be
served personally upon the owner, occupant, operator, or other person
for the time being in charge of the premises, or by registered or
certified mail, or by conspicuously posting the notice on or about
the offending premises or structure.
2. Said notice shall specify the condition, structure or improvement
complained of, and shall require the owner to commence to remove or
otherwise rectify the condition, structure or improvement as set forth
therein within 10 days of personal service, mailing or posting of
said notice, and thereafter, to fully comply with the requirements
of the notice and the provisions of this Part.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 2]
1. 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 shall have the authority to take measures
to correct the conditions and collect the costs of such corrections
plus 10% of all costs. The Borough, in such event and pursuant to
its statutory and otherwise authorized police powers, shall have the
right to enter the offending premises at such time(s) as may be necessary
to correct the non-compliant conditions and/or nuisance. In addition
to any other remedies provided by law, any costs of correction so
incurred shall be filed as a lien upon the real estate of the offender
and shall be collected in the manner provided by law for the filing
and collecting of municipal claims.
2. When in the opinion of the Chief of Police, an emergency exists on
or in any premises or structure, posing an immediate threat and endangering
public health, safety, life or property, or any part thereof, which
requires immediate action to protect the public's health, safety,
life or property, or that of the occupants thereof, the Borough pursuant
to the statutory or other authorized police powers shall have the
right and power to enter immediately upon the offending premises and
cause the necessary work to be done to meet such emergency and render
the property, or any part thereof, safe and compliant with the requirements
of this Part.
[Ord. 1-1986, 2/20/1986; as amended by Ord. 2004-03, 5/20/2004, § 2]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a minimum fine of $50
and a maximum fine of not more than $300, and/or to undergo imprisonment
for a term not to exceed 90 days. Each day that a violation of this
Part continues shall constitute a separate offense.
[Ord. 1-1986, 2/20/1986]
The remedies provided herein for the enforcement of this Part,
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.