[Ord. 306, 10/5/1981, § 14; as amended by Ord.
335, 6/6/1988]
It shall be unlawful to park, store or leave any vehicle of
any kind in a wrecked, junked, stripped or abandoned condition, or
any vehicle whether occupied or not, in a place where its presence
constitutes a hazard on private property, or for the owner of such
vehicle, or the owner or occupant of any property, to allow, permit
or suffer the same to be left upon a privately owned property unless
the same be in a building or authorized in conjunction with a business
property primarily devoted to the sale and/or repair of vehicles,
and operated pursuant to the laws of the Borough of New Oxford.
[Ord. 306, 10/5/1981, § 15]
It shall be unlawful to store, place or accumulate on private
property any junked, wrecked, discarded or abandoned machinery, household
appliances, household furnishings or other debris and waste materials
of building, and it shall be unlawful for the owner of such items,
or the owner or occupant of any property, to allow, permit or suffer
the same to be left upon any privately owned property, unless the
same be authorized in conjunction with a business properly operated
pursuant to the laws of the Borough of New Oxford.
[Ord. 306, 10/5/1981, § 16]
If the Borough Council members or any of their authorized agents
find that a violation of this Section exists, they shall notify the
owner of the property on which the violation exists, or the owner
of the vehicle or other discarded or abandoned item, or both, of the
violation, and order the owner of the vehicle or vehicles or other
items within 10 days thereof, and the owner of the property on which
the vehicle or vehicles or other items are stored or parked, within
10 days thereof, to remove the vehicle or vehicles or other items.
[Ord. 306, 10/5/1981, § 17]
Notice shall be given by personal service or by certified mail
to the last known address of the violator. In the event that, on diligent
search, the address of either the property owner or the owner of the
vehicle or other items cannot be ascertained, the posting of the notice
or copies thereof on the real property, vehicle or other items, structure
or area immediately adjacent thereto shall constitute sufficient notice.
[Ord. 306, 10/5/1981, § 18]
Within 10 days after notice, the party or parties affected may
request a hearing with the Borough Council by filing a written request
with the Borough Secretary. The Borough Council members, after hearing,
shall affirm, withdraw or modify the notice.
[Ord. 306, 10/5/1981, § 19]
If a hearing is not requested then the parties affected shall
proceed to remove, or have removed, the motor vehicle or vehicles
or other items from the property in question in accordance with the
notice and order.
[Ord. 306, 10/5/1981, § 20]
On proper request, a hearing on the matter shall be given forthwith
and where more than one party is involved it shall be the duty of
the party requesting the hearing to notify the Secretary of the names
and addresses of all other parties affected or interested.
[Ord. 306, 10/5/1981, § 21]
If the violation complained of shall not have been remedied
within the period as required by the order, the Borough shall, through
its own agents, contractors and/or employees, remedy the violations
and charge the costs thereof to the real property owner on whose property
the vehicles or other items are located. The cost shall, after a proper
demand and refusal or a failure to pay after 30 days, constitute a
lien on the realty at such time as it shall thereafter be filed by
the Solicitor.
[Ord. 306, 10/5/1981, § 22]
Nothing in this Part shall prevent duly authorized police officials
from removing from private property, without notice, any attended
or unattended vehicle, the presence of which constitutes a hazard
or threat to the life, health, safety, welfare and morals of the citizens
of the Borough of New Oxford, and which is immediately dangerous and,
in the opinion of the authorized police officials, constitutes a nuisance
which gives rise to the existence of emergency conditions.
[Ord. 306, 10/5/1981, § 23]
The provisions of subpart B, concerning the place of storage,
towing and charges therefor, and the bonding provisions and the recording
of any removal and impounding of junked, wrecked or stripped vehicles
shall be followed in any procedure under subpart C, where the same
do not conflict with any provision of subpart C.
