[HISTORY: Adopted by the Board of Supervisors of the Township
of Warrington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-5-1971 by Ord. No. 6-71 (Ch. 10, Part 4A, of the 1995 Code
of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any condition, whether existing on public or private property,
amounting to a public nuisance, including, but not limited to, accumulations
of garbage, rubbish, trash, debris, automobiles, or the carrying on
of any offensive manufacture or business.
Any condition or premises which is unsafe or unsanitary or
any condition that threatens the health, morals, safety, comfort,
convenience, or welfare of a community or enjoyment of property.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It shall be unlawful for any person, corporation, partnership
or entity whatsoever to create or cause a nuisance within the Township
of Warrington.
It shall be unlawful for any person, corporation, partnership
or entity whatsoever to permit a nuisance to exist on any real estate
within the Township of Warrington which is owned, leased or otherwise
possessed by such person, corporation, partnership or entity.
[Amended 2-21-1995 by Ord. No. 95-3; 2-10-1998 by Ord. No. 98-2; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this article, 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. This article may be enforced initially by violation ticket (citation); see Chapter 38, Ordinance Enforcement Procedures, Article II, Tickets for Certain Offenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township, by its duly authorized representatives, may remove
or correct any nuisance conditions after 10 days' written notice to
the violator to do so and may enter upon the property of the violator
to remove or correct the same, and thereafter may collect the cost
of such removal or corrections plus 10% from the violator.
The remedies provided herein shall be cumulative and nonexclusive.
[Adopted 7-19-1994 by Ord. No. 94-6 (Ch. 10, Part 4B, of the 1995 Code
of Ordinances)]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
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.
Any condition, structure or improvement which shall constitute
a danger or potential danger to the health, safety or welfare of the
citizens of the Township.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this article, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and neuter.
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 Township except as hereinafter provided.
A motor vehicle nuisance shall include any motor vehicle which is
unable to move under its own power and has any of the following physical
defects:
A.
Broken windshield, mirror or other glass, with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing door, window, hood, trunk or other body part which could
permit animal harborage.
D.
Any body part with sharp edges, including holes resulting from rust.
E.
Missing tire 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 head lamp or tail lamp 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 object 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 door or trunk.
N.
Open or damaged floor boards, including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of the 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 Township.
A.
Residential zoning districts. No person, owner or lessee of property
in a residential zoning district may store more than three motor vehicle
nuisances on their property. Such person, owner or lessee may store
up to three motor vehicle nuisances if they first apply for a permit
for either temporary or permanent storage and pay a fee to the Township
as established by resolution of the Board of Supervisors. All motor
vehicle nuisances in residential zoning districts shall 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.
B.
Nonresidential zoning districts. A person, owner or lessee of property
in a nonresidential zoning district may store one more motor vehicle
nuisances on their property for 90 days. If any motor vehicle nuisances
are stored on nonresidential property for more than 90 days, the motor
vehicle nuisances shall 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.
A.
The Township Zoning 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 article. If noncompliance
with the provisions of this article constitutes a nuisance, 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.
B.
Said notice shall specify the condition or structure or improvement
complained of and shall require the owner to commence 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
and, thereafter, to fully comply with the requirements of the notice
within a reasonable time.
If the person, owner or lessee of grounds on which motor vehicle
nuisances are stored in violation of this article does not comply
with the notice to abate the nuisance within the time limit prescribed,
the Township shall have the authority to take measures to correct
the conditions and collect the cost of such corrections plus 10% of
all costs. The Township, 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.
[Amended 12-9-2014 by Ord. No. 2014-O-23]
Any person aggrieved by the decision of the Township Zoning
Officer may request and shall then be granted a hearing before a hearing
officer appointed by the Board of Supervisors, provided he files with
the Board of Supervisors, within 10 days after notice of the Township
Zoning Officer'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.
[Amended 2-21-1995 by Ord. No. 95-3; 2-10-1998 by Ord. No. 98-2; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this article, 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. This article may be enforced initially by violation ticket (citation); see Chapter 38, Ordinance Enforcement Procedures, Article II, Tickets for Certain Offenses.
The remedies provided herein for the enforcement of this article,
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 Board of Supervisors.
