[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986]
1. As used in this 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 street or highways,
and including trailers or semi-trailers pulled thereby.
NUISANCE
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Borough.
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 the neuter.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1136, 10/14/1998]
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 the Borough. A motor vehicle nuisance shall
include any motor vehicle 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 tail-lamps 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. Failure to have current state license plate on the vehicle.
U. Failure to have current state inspection sticker on the vehicle.
V. Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1136, 10/14/1998]
1. 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. 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 250 square feet.
2. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Borough Zoning Ordinance [Chapter
27].
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1191, 6/14/2004]
1. The Building Inspector and/or designee are hereby empowered to inspect
grounds on which motor vehicles are stored to determine if there is
compliance with the provisions of this Part. If there is noncompliance
with the provisions of this Part, 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 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 or structure or improvement
complained of, and shall require the owner to remove or otherwise
rectify the condition or structure or improvement as set forth therein
within 10 days of mailing or posting of said notice.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1191, 6/14/2004]
If the owner of the premises on which motor vehicles are stored
does not comply with the notice to abate the conditions, 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 by
the Borough pursuant to its statutory or otherwise authorized police
powers, filing a municipal lien against said premises.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
and as amended by Ord. 1136, 10/14/1998]
1. Any person aggrieved by the decision of the Building Inspector 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 Building Inspector'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.
2. After such hearing, the Borough Council shall sustain, modify or
overrule the action of the Building Inspector.
[Ord. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986;
as amended by Ord. 1136, 10/14/1998; by Ord. 1191, 6/14/2004; and
by Ord. 1295, 9/9/2013]
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. 801, 11/13/1972; as revised by Ord. 1005, 7/14/1986]
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.