[HISTORY: Adopted by the Board of Supervisors of the Township of Cecil as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-1988 by Ord. No. 1-88; amended in its entirety 4-18-2002 by Ord. No. 4-2002]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
- MOTOR VEHICLE
- Any type of mechanical device propelled by a motor, in which persons or property may be transported upon public street or highways, and including trailers or semitrailers pulled thereby.
- MOTOR VEHICLE NUISANCE
- Any condition or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the citizens of the Township of Cecil as deemed by the enforcement officer of the Township.
- The actual owner, agent or custodian of the property on which motor vehicles are stored, whether an individual or partnership, association or corporation.
- A natural person, firm, partnership, association, corporation or other legal entity.
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
Except as provided for in other regulations within this article, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled upon the open private grounds of such person, owner or lessee within the Township of Cecil. Nuisances may possess one or more of the following defects:
Broken windshields, mirrors or other glass with sharp protruding edges.
One or more flat, open tires or tubes.
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.
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 or gas tank which could cause fire or explosion.
Vehicle(s) unable to move under its own power.
Vehicle(s) shall possess current license and registrations.
Exposed battery containing acid.
Open or damaged floor boards including trunk and firewall.
Damaged bumpers pulled away from the perimeter of vehicle.
Loose or damaged metal trim and clips.
Suspended on unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the Township of Cecil.
Any individual shall be permitted to have one vehicle for the purpose of restoration of another vehicle for a term of not more than six months. The vehicle being used as the scavenged vehicle must be registered with the Township upon acquisition. If the restoration process is to take longer than the permitted six-month time frame, an additional six months may be granted by the Building Code Official for extenuating circumstances. There shall be a registration fee of $10 for the permitting of the vehicle per six-month period. All restored and/or scavenged vehicles must be maintained in a safe and hazard-free state, and free from potential animal harborage.
The enforcement officer is hereby empowered to inspect grounds on which motor vehicles 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 threat to the health, safety or welfare of the public, he shall issue a written notice to be served by mail upon the owner of said premises, or if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises or vehicle.
Said notice shall specify the condition of structure or improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition of structure or improvement as set forth therein within five days of mailing or posting 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 Township shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Township, 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 enforcement officer may request and shall then be granted a hearing before the Board of Supervisors, provided he files with the Board of Supervisors within five days after notice of the enforcement 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 Board of Supervisors shall sustain, modify or overrule the action of the enforcement officer.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a 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 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 Board of Supervisors.