[Ord. 1995-9, 11/6/1995, § 201]
No property owner in the Borough of Watsontown shall maintain
a nuisance.
[Ord. 1995-9, 11/6/1995, § 202; as amended by Ord.
2004-3, 6/7/2004]
1.
ABANDONED OR JUNK MATERIAL
ABANDONED VEHICLES
A.
B.
C.
D.
E.
F.
(1)
(2)
(3)
ANTIQUE VEHICLE
CLASSIC VEHICLE
COMMERCIAL VEHICLE REPAIR BUSINESS
JUNK
JUNKED VEHICLE
MOTOR VEHICLE
MOTOR VEHICLE ACCESSORIES
NUISANCES
A.
B.
PERSON
PRIVATE PROPERTY
PROPERTY
PROPERTY OWNER
REMOVAL
TRAILER
UNSHELTERED STORAGE
As used
in this part, certain terms are defined as follows:
Includes, but not be limited to, furnaces, parts of furnaces,
sinks, tubs, toilets, motor vehicle accessories, electrical appliances
and furniture of little value and not properly housed as well as any
abandoned motor vehicle.
Includes any of the following:
A vehicle that is physically inoperable and has been left unattended
on a highway, public or private property, or Borough lot for more
than 48 consecutive hours.
A vehicle that has remained illegally on a Borough street or
alley for a period of more than 48 consecutive hours.
The vehicle is in violation of the Pennsylvania Vehicle Code
Equipment Standards, Title 75 of the Pennsylvania Consolidated Statutes,
and cannot be legally operated on the roadways.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 24
hours.
The following shall be considered exceptions to the definition
of abandoned vehicles:
Vehicles and equipment used or to be used in construction or
maintenance of Borough streets or alleys, provided they are left in
a manner which does not interfere with the normal movement of traffic.
Antique motor vehicles and classic motor vehicles, provided
the vehicles are in the process of being restored. The vehicle may
not interfere with the normal movement of traffic and cannot be parked
along a Borough street or alley. It is the responsibility of the owner
to provide proof to the Police Chief that the vehicle is in a state
of repair and the restoration is an ongoing process and failure to
provide such proof that the vehicle is being restored or repaired
shall not qualify for this exception.
Any and all vehicles, equipment, trailers or other apparatus
which do not interfere with the normal movement of traffic, used by
the fire department and/or other nonprofit organization or agency
in connection with events that are open to the citizens of the Borough
of Watsontown including but not limited to carnivals, fairs or parades.
A motor vehicle, not a reproduction, manufactured more than
25 years prior to the current year and is in conformance with original
manufactured specifications and displays a current antique registration
plate issued by the Pennsylvania Department of Transportation.
A motor vehicle which meets the requirements of a classic
vehicle by the Pennsylvania Department of Motor Vehicles and displays
a current classic registration plate issued by the Pennsylvania Department
of Transportation.
An ongoing business that is involved in providing vehicle
repair services to customers for payment on a regular basis.
Includes, but shall not be limited to, any and all forms
of waste and refuse of any type of material including scrap metal,
abandoned or junked vehicles, glass, industrial waste or other salvageable
or nonsalvageable materials.
A vehicle, whether motorized or nonmotorized, or trailer
which is partially dismantled, unused, unusable or wrecked and which
cannot be 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.
Any self-propelled land vehicle which can be used for towing
or transporting people and/or materials, including, but not limited
to, automobiles, trucks, busses, vans, motor homes, motorized campers,
motorcycles, motor scooters, tractors, snowmobiles, dune buggies and
any other off-road vehicle.
Any part or parts of any motor vehicle or any part or parts
that may be attached to a motor vehicle.
Includes, but shall not be limited to, possessing or maintaining
an accumulation of garbage, rubbish or refuse or the storage or accumulation
of abandoned or junked vehicles or motor vehicle accessories or the
storage or accumulation of junk or other abandoned or junked material,
or the carrying on of any manufacturing or business in violation of
any applicable law, including but not limited to federal and state
laws and regulations and Borough ordinances.
A nuisance, notwithstanding the above Subsection A of this definition,
shall not include junked vehicles or motor vehicle accessories stored
or accumulated for the purpose of operating a commercial vehicle repair
business.
Includes any natural person, firm, partnership, association,
corporation or other legal entity of whatever kind.
Any real property not owned by the federal, state, county
government or any school district or other political subdivision.
Includes both private and public property.
Includes all natural persons, corporations, associations,
school districts, churches, tenants or occupants of property in the
Borough.
The physical movement of a nuisance to an authorized location.
Any wheeled device or device designed as a wheeled device,
used as a means of carrying, hauling or conveying any vehicle, person,
animal or other object.
Any storage except storage inside a building or within an
area completely surrounded by an opaque fence of a height not less
than the height of the vehicle or trailer being sheltered.
[1]
Editor’s Note: Former § 10-203, Storage of Certain
Motor Vehicle Nuisances Permitted, was repealed 9/9/2019.
[Ord. 1995-9, 11/6/1995, § 204]
The Borough Health Officer, Borough Board of Health, Borough
Codes Enforcement Officer, Police Chief, or anyone acting under them,
shall have the opportunity to remove any nuisance on public or private
grounds, Borough street and alley, after notice to the owner to do
so and, in his default, to collect the cost of such removal together
with a penalty of 10%.
[Ord. 1995-9, 11/6/1995, § 205]
The sections of this Part shall be in addition to zoning, fire
prevention, health and safety, sanitary and building laws, ordinances
or resolutions now in force and applicable to the locality in which
the object exists.
[Ord. 1995-9, 11/6/1995, § 206]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed. However, this Part shall in no way repeal any
Zoning Ordinance or zoning permit issued pursuant to such Zoning Ordinance
nor shall this Part be applicable to any licenses, scrap or scrap
processing dealer.
[Ord. 1995-9, 11/6/1995, § 207]
In addition, the Borough or its designee may institute proceedings
in courts of equity to enforce this Part.
[Ord. 1995-9, 11/6/1995, § 209]
Any person guilty of violation of this Part shall, upon summary
conviction before a Magisterial District Judge, be sentenced to pay
a fine of not more than $600 and costs of prosecution or be subject
to imprisonment for not more than 90 days. Each forty-eight-hour period
that the violation is not corrected shall be considered a separate
offense.
[Added by Ord. 2004-3, 6/7/2004]
1.
Any Building Inspector, Code Enforcement Officer, health officer,
or police officer employed by the Borough of Watsontown or anyone
acting under them, may while acting in their official capacity, on
routine inspection or upon receipt of a complaint, may enter upon
any private property to investigate a suspected nuisance in violation
of this Part and shall record any make, model, style and identification
numbers and the details and condition of the nuisance.
2.
The Code Enforcement Officer shall review all complaints and reports
received regarding nuisances. If upon review, the Code Enforcement
Officer determines that a nuisance exists, the Code Enforcement Officer
shall issue a notice to the property owner of the violation of this
chapter. The property owner shall remove the nuisance from the property
within 48 hours.
