[Ord. No. 415, 7/19/2000, § 201]
1. As used in the Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
LESSEE
Owner for the purpose of this Part 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 streets or highways
and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure or improvement which shall constitute
a danger or potential danger to the health, safety or welfare of the
citizens of Hatfield.
OWNER
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
PERSON
A natural person, firm, partnership, association, corporation
or other legal entity.
2. In this Part, the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine
and neuter.
[Ord. No. 415, 7/19/2000, § 202]
1. 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 Hatfield Borough. A motor vehicle nuisance
shall include any motor vehicle which does not have a current registration
or inspection sticker or which is unable to move under its own power
or one which has any of the following physical defects:
A. Broken windshields, mirrors or other glass, with sharp edges.
B. One or more flat or open tires or tubes which could permit vermin
harborage.
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 the motor vehicle.
F. Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G. Broken headlamps or taillamps 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.
[Ord. No. 415, 7/19/2000, § 203]
Notwithstanding any provision to the contrary herein, the Code
Enforcement Officer may, for a reasonable period of time, exempt from
the strict enforcement of this Part any historic or classic vehicle
in the process of restoration and repair which, by reason of special
circumstances, is deemed by him not to be a nuisance or an abandoned
vehicle.
[Ord. No. 415, 7/19/2000, § 204]
1. The Code Enforcement Officer is hereby empowered to inspect private
property on which motor vehicles are stored to determine if there
is compliance with the provisions of this Part. Noncompliance with
the provisions of this Part creates a presumption that the condition
constitutes a nuisance, and if such condition exists or if the property
otherwise poses a threat to the health, safety or welfare of the public,
the Code Enforcement 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 be unknown, by posting the
notice conspicuously upon the offending premises.
2. Said notice shall specify the condition complained of, and shall
require the owner to commence to remove or otherwise rectify the condition
as set forth therein within 10 days of mailing or posting of said
notice, and thereafter, to fully comply with the requirements of the
notice within a reasonable time.
[Ord. No. 415, 7/19/2000, § 205]
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the nuisance within the time limit
prescribed, the Borough shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs. The Borough, 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.
[Ord. No. 415, 7/19/2000, § 206]
1. Any person aggrieved by the decision of the Code Enforcement 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 Enforcement Officer's decision, a written petition
requesting such hearing and setting forth a brief statement of the
grounds thereof. The hearing shall commence not later than 30 days
after the date on which the petition was filed unless postponed for
sufficient cause.
2. After such hearing, a Borough Council shall sustain, modify or overrule
the action of the Code Enforcement Officer.
[Ord. No. 415, 7/19/2000, § 207; as amended by
Ord. No. 501, 8/15/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 415, 7/19/2000, § 208]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by the law, shall not be deemed mutually exclusive,
rather they may be employed simultaneously or consecutively, at the
option of the Borough Council.