[HISTORY: Adopted by the Borough Council of Montgomery Borough 2-10-2004 by Ord. No. 2004-1. Amendments noted where applicable.]
Borough Council of the Borough of Montgomery expressly recognizes and finds that the accumulation of junked vehicles creates a hazard or threat or potential threat to the health, safety or welfare of the Borough's citizens because such accumulation provides a breeding area for rodents and vermin and because such accumulation provides an attractive nuisance for children who are not aware of the dangers involved.
For purposes of this chapter, the following definitions shall be applicable:
- JUNKED VEHICLE
- A motor vehicle or trailer which is partially dismantled, unused, unusable or wrecked and which cannot safely or legally be operated on the streets or highways of this Borough or commonwealth. Currently licensed, registered and inspected vehicles shall not be included within this definition.
- 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.
- MOTOR VEHICLE ACCESSORIES
- Any part or parts of any motor vehicle.
- Includes any natural person, firm, partnership, association, corporation or other legal entity of whatever kind.
- PRIVATE PROPERTY
- Any real property not owned by the federal government, state, county, school district or other political subdivisions.
- PUBLIC NUISANCE
- The unsheltered storage of a junked vehicle as otherwise defined in this chapter which constitutes a hazard or threat or potential threat to the health, safety or welfare of the Borough's citizens.
- The physical location or relocation of a junked vehicle to an authorized location.
- Any wheeled device used as a means of carrying, hauling or conveying any vehicle, person, animal, boat or other object.
- UNSHELTERED STORAGE
- Any storage except storage inside a building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or trailer being sheltered.
It shall be unlawful for any person owning or having custody of any junked vehicle or motor vehicle accessories which create a hazard or threat or potential threat to the health, safety or welfare of the Borough's citizens to store or permit any such vehicle or accessories to remain in unsheltered storage on any private property or public street or highway within the Borough for a period of more than 30 days after the expiration of the thirty-day period following receipt of a notice requiring such removal, and it shall be further unlawful for any person owning any private property in the Borough or leasing any such property to store or to permit to remain any such vehicles or accessories on his property for more than a like period.
It shall further be unlawful for any person, after notification to remove any junked vehicle or motor vehicle accessories constituting a public nuisance hereunder from any private property has been given, to move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property for purposes of storage.
The prohibitions of § 441-3 hereof shall not apply to a limit of one junked vehicle or motor vehicle accessories stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the junked vehicle or motor vehicle accessories being stored, and the prohibitions of § 441-3 hereof shall not apply to the premises of a business enterprise otherwise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or 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 include auto repair and auto body shops, but shall not include tire, battery and accessory sales stores, and the provisions hereof extending to permitted storage shall not extend to the storage at such business enterprises of more than five junked vehicles or trailers at any one time.
The Building Inspector or Code Enforcement Officer, on routine inspection or upon receipt of a complaint, may enter upon private property to investigate a suspected junked vehicle or motor vehicle accessories stored or maintained in violation of this chapter and record the make, model, style and identification numbers and its situation and condition.
Whenever the Building Inspector, Code Enforcement Officer or any member of his department finds or is notified that any junked vehicle or motor vehicle accessories have been stored or permitted to remain on any private property or public street or highway within the Borough and in violation of the provisions of this chapter, the Building Inspector or Code Enforcement Officer shall send by certified or registered mail a notice to the owner of record or person having custody of such junked 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 Borough, on which the same is located, to remove the junked vehicle, trailer or motor vehicle accessories within 30 days. Such notice shall contain the following additional information:
Nature of complaint;
Description and location of the junked vehicle and/or motor vehicle accessories;
Statement that the junked vehicle or motor vehicle accessories shall be removed from the premises no later than 30 days from the date of notification;
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;
Statement that if removal is made within the time limits specified, notification thereof shall be given in writing to the Building Inspector or Code Enforcement Officer; and
Statement of the penalties provided for noncompliance with such notice.
Any person violating any of the provisions of this chapter shall, upon conviction, be guilty of a summary offense and shall be sentenced to pay a fine of not more than $600 and/or to be committed to the county jail for a period not exceeding 30 days, plus costs of prosecution, and each day that a violation is committed shall constitute a separate offense.