Borough of Sharpsburg, PA Storage of Motor Vehicles

Any condition, structure or improvement which shall constitute a threat to the health, safety or welfare of the citizens of the Borough of Sharpsburg.

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.

In all instances within the scope of this part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 10-202 Storage of certain vehicles.

Except for licensed motor vehicles of owners or occupiers of private grounds within the Borough, used motor vehicles, junked or otherwise, shall be stored on private premises in compliance with the provisions of this part.

§ 10-203 Regulations.

Any person desiring to store or to continue to store motor vehicle(s) on private grounds, except those mentioned in § 10-202, shall comply with the following:

All gas and oil shall be drained from the vehicle.

All glass shall be removed from any broken windshield, window or mirror.

All upholstery shall be removed.

All wheels shall be removed so that the vehicle is rendered incapable of movement.

All trunk lids shall have their locks removed or shall themselves be removed.

All such stored motor vehicles shall be at least 25 feet from any building so as not to obstruct any firefighting equipment or emergency vehicles.

All such stored motor vehicles shall be at least 25 feet from any river or stream or any other natural watercourse.

All such stored motor vehicles shall at all times be kept free of vermin infestation.

§ 10-204 Inspection; notice to comply.

The Building Inspector is hereby empowered to inspect grounds on which motor vehicles are stored to determine if there is compliance with the provisions of this part. If noncompliance with the provisions of this part 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 his whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.

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.

§ 10-205 Authority to remedy noncompliance.

If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the conditions within the time limit prescribed, the Borough of Sharpsburg shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% additional. The Borough of Sharpsburg, 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.

§ 10-206 Hearing.

Any person aggrieved by the decision of the Building Inspector may request and shall be granted a hearing before the Council, provided that he shall file with said Council a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after notice of the Building Inspector's decision. The hearing shall commence not later than 30 days after the date on which petition was filed unless postponed for sufficient cause.

After such hearing, the Council shall sustain, modify or overrule the action of the Building Inspector.

§ 10-207 Violations and penalties.

[Amended 2-21-2013 by Ord. No. 13-05]

Any person, firm or corporation who shall violate any provision of this part shall, upon conviction thereof, 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. 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.

§ 10-208 Remedies not mutually exclusive.

The remedies provided herein for the enforcement of this part or of any remedy provided by law shall not be deemed mutually exclusive, rather they may be employed simultaneously or consecutively, at the option of the Council.