[Ord. 592, 9/8/1982,
§ 1; as amended by Ord. 973, 7/3/2013]
For the purpose of this Part
1, the following definitions shall be applicable:
JUNKED MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets
for any reason including, but not limited to, being unlicensed, wrecked,
abandoned, in a state of disrepair, incapable of being moved under
its own power, or is not legally operable.
MOTOR VEHICLE
Any self-propelled land vehicle which can be used for towing
or transporting people or materials, including but not limited to
automobiles, trucks, buses, motor homes, motorized campers, motorcycles,
motor scooters, tractors, snowmobiles, dune buggies, and other off-the-road
vehicles.
PERSON
Includes any individual, firm, partnership or corporation.
PRIVATE PROPERTY
Any real property not owned by the federal government, state,
county, city school board or other public subdivisions.
REMOVAL
The physical relocation of a motor vehicle to an authorized
location.
[Ord. 592, 9/8/1982,
§ 2; as amended by Ord. 670, 5/10/1989, § 1]
It shall be unlawful for any person owning or having custody of any junked motor vehicle or motor vehicle accessories to store or permit any such vehicle or accessories to remain on any private property within the Borough for a period of more than 20 days following receipt of a notice requiring such removal, and it shall be further unlawful for any person owning any private property in the Borough to store or permit to remain any such vehicles or accessories on his property for more than a like period. Such storage is declared to be a public nuisance and may be abated or removed and penalties imposed as provided in this Part
1.
It shall be unlawful for any person, after notification to remove
any junked motor vehicles or motor vehicle accessories from any private
property upon which such storage is not permitted or onto any public
highway or other public property for purposes of storage.
[Ord. 592, 9/8/1982,
§ 3]
This section shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building, or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place of depository maintained in a lawful place and manner, or seasonal-use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall not include automobile service stations or tire, battery and accessory sales stores. Such business enterprises shall include auto junkyards and auto repair and auto body shops; provided, however, that, with respect to auto repair and auto body shops, the permitted storage as provided by this section shall not apply to any motor vehicle or motor vehicle accessories stored on the premises of such businesses for a period in excess of 90 days. Junked motor vehicles stored or maintained on the premises of an auto repair or auto body shop for a period beyond 90 days shall constitute prohibited storage under §
10-102 hereof.
[Ord. 1005, 9/8/1982,
§ 4]
The Zoning and Building Codes Officer or the Chief of Police,
on routine inspection or upon receipt of a complaint, may investigate
a suspected junked motor vehicle or motor vehicle accessories and
record the make, model, style and identification numbers and its situation.
[Ord. 592, 9/8/1982,
§ 5; as amended by Ord. 670, 5/10/1989, § 2]
1. Whenever the Zoning and Building Codes Officer or the Chief of Police
or any member of their departments finds or is notified that any junked
motor vehicle or motor vehicle accessories have been stored or permitted
to remain on any private property within the Borough, the Zoning and
Building Codes Officer or the Chief of Police shall send by certified
mail a notice to the owner of record of such motor vehicle or accessories,
if such owner can be ascertained by the exercise of reasonable diligence,
and also to the owner of the private property, as shown on the tax
assessment records of the city, on which the same is located to remove
the junked motor vehicle or motor vehicle accessories within 20 days.
Such notice shall also contain the following additional information:
B. Description and location of the motor vehicle and/or motor vehicle
accessories;
C. Statement that the motor vehicle or motor vehicle accessories will
be removed from the premises no later than 20 days from date of notification;
D. Statement that removal from the location specified in the notification
to another location upon which such storage is not permitted is prohibited
and shall subject the person to additional penalties;
E. Statement that if removal is made within the time limits specified,
notification shall be given in writing to the Zoning and Building
Codes Officer or the Chief of Police; and
F. Statement of the penalties provided for noncompliance with such notice.
[Ord. 592, 9/8/1982,
§ 6; as amended by Ord. 599, 12/19/1983]
Any person, firm or corporation who shall violate any provision of this Part
1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. Every day that a violation of this Part
1 continues shall constitute a separate offense.