[Ord. 542, 4/13/1993, § 1]
1.
LESSEE
MOTOR VEHICLE
MOTOR VEHICLE NUISANCE
NUISANCE
OWNER
PERSON
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
The person leasing the real property upon which a motor vehicle
is parked, stored or maintained; and under which this Part shall be
considered synonymous with the term "owner", when the lease holds
the lessee responsible for the maintenance and/or repairs of any such
real property.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon a public street or highway;
this definition also includes all non-self-propelled "trailers" or
"semi-trailers" whether freestanding (i.e., separated form the motor
vehicle which normally tows said "trailer" or "semi-trailer") or attached
to a motorized tow vehicle; excludes approved temporary construction
sites and approved temporary modular classrooms.
See § 10-502 of this Part for a definition of this term.
Anything which constitutes a threat or potential threat to
the health, safety, or welfare of the citizens of the Borough of West
Homestead.
Any person who is the owner of record, agent, or custodian
of real property upon which a motor vehicle is situated; and which
under this Part shall also include the "lessee" when the lease holds
the "lessee" responsible for the maintenance, repairs or upkeep of
any real property upon which a motor vehicle is situated.
Any 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 the neuter.
[Ord. 542, 4/13/1993, § 2]
1.
It shall be unlawful for any person to maintain a "motor vehicle
nuisance" upon private real property within the Borough, except when
in full compliance with this Part. A "motor vehicle nuisance" shall
be defined for purposes of interpretation of this Part as any "motor
vehicle" or motor vehicle part which:
A.
Is unable to move under its own power.
B.
Does not bear a current registration plate.
C.
Does not bear a current valid inspection sticker.
D.
Which has any of the following defects:
(1)
Broken windshield, mirror or other glass with sharp edges.
(2)
One or more flat or open tires or tubes which could permit vermin
harborage.
(3)
Missing door, window, hood, trunk, or other body part which
could permit vermin or animal harborage.
(4)
Missing tire resulting in unsafe suspension of the motor vehicle.
(5)
Broken headlight or tail-light with sharp edges.
(6)
Any disassembled chassis part which is either apart from the
motor vehicle or loose within or on the vehicle.
(7)
Any protruding sharp object projecting from the chassis.
(8)
Any broken vehicle frame which is suspended from the ground
in an unstable manner.
(9)
Leaking or damaged oil pan or fuel tank which could cause fire
or explosion.
(10)
An exposed battery which may contain battery acid.
(11)
Any vehicle or vehicle part which is suspended with unstable
support.
(12)
Any such other defect or vehicle part which could threaten the
health, safety or welfare of the general public.
[Ord. 542, 4/13/1993, § 3]
1.
Any owner of real property in the Borough shall not cause or permit
a "motor vehicle nuisance" to be parked, stored or otherwise maintained
for any period of time on private property within the Borough of West
Homestead; except when in full and strict compliance with this Part.
2.
Any "motor vehicle nuisance" as herein defined shall be permitted
in any residential zoning district in the Borough of West Homestead
only when parked, stored or otherwise maintained entirely within a
secured garage or other secured, approved and enclosed building.
3.
Any "motor vehicle nuisance" as herein defined shall be permitted
in any commercial or industrial zoning district in the Borough of
West Homestead only when parked, stored or otherwise maintained, as
follows:
[Ord. 542, 4/13/1993, § 5; as amended by Ord. 623,
2/14/2006]
1.
If the owner of the private real property upon which a "motor vehicle
nuisance" is situated should, for any reason, fail to remove said
motor vehicle nuisance from the premises within 15 calendar days after
being notified of a violation by the Borough of West Homestead or
any of its authorized agents, a citation will be issued from which
an appeal may be taken to the magisterial district judge within 15
days of its issuance. If no appeal is taken to the magisterial district
judge within 15 days of the issuance of the citation, then said "motor
vehicle nuisance" will be towed by the Borough at the owner's
expense. If an appeal is taken within the fifteen-day period, the
magisterial district judge will determine, after an evidentiary hearing,
if a violation has occurred. The Borough will produce photographic
evidence of all violations.
2.
In any event, the Borough, pursuant to its statutory or otherwise
authorized police powers, shall have the right and power to enter
upon the offending private real property to accomplish the foregoing.
[Ord. 542, 4/13/1993, § 7; and amended by Ord.
623, 2/14/2006]
Any person, firm or corporation who shall violate any provisions
of this Part, upon conviction thereof, 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 30
days and pay all costs incurred by the Borough for towing and storage
of "motor vehicle nuisances." Each day that a violation of this Part
continues shall constitute a separate offense.
[Ord. 542, 4/13/1993, § 8]
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.
