[HISTORY: Adopted by the Borough Council of the Borough of Folcroft 2-2-1968 by Ord. No. 533; amended in its entirety 12-10-1990 by Ord. No. 835 (Ch. 10, Part 1, of the 2006 Code of Ordinances). Subsequent amendments noted where applicable.]
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.
- MOTOR VEHICLE
- Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public street or highways, and including trailers or semi-trailers pulled thereby.
- Any condition, structure, or improvement which shall constitute a threat or potential threat to the health, safety, or welfare of the citizens of the Borough of Folcroft.
- 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.
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the 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 Borough of Folcroft. 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:
Broken windshields, mirrors or other glass, with sharp edges.
One or more flat or open tires or tubes which could permit vermin harborage.
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
Any body parts with sharp edges, including holes resulting from rust.
Missing tires resulting in unsafe suspension of the motor vehicle.
Upholstery which is torn or open which could permit animal and/or vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frame suspended from the ground in an unstable manner.
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunk.
Open or damaged floor boards, including trunk and firewall.
Damaged bumpers pulled away from the perimeter of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips.
Broken communication equipment antennas.
Suspended on unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Folcroft.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 579-2 above may store such vehicle(s) in the Borough of Folcroft only in strict compliance with the regulations provided herein. Such person, owner or lessee must, first, apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Folcroft, such as may be provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must 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. With the special approval of the Borough Council, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle, and it shall be kept free of vermin infestation while being stored.
[Amended 11-21-2006 by Ord. No. 990]
The Zoning Officer, Building Code Official, Parking Enforcement Official, any police officer or fire marshal is hereby empowered to inspect grounds 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.
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 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 Folcroft shall have the authority to take measures to correct the conditions and collect the cost of such corrections plus 10% of all costs. The Borough of Folcroft, 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 11-21-2006 by Ord. No. 990]
Any person aggrieved by the decision of the police officer/inspector may request and shall then be granted a hearing before the Borough Council, provided he files with the Borough Council within 10 days after notice of the police 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.
After such hearing, the Borough Council shall sustain, modify or overrule the action of the Zoning Officer, Building Code Official, Parking Enforcement Official, police officer or Fire Marshal.
[Amended 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof, 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 30 days. Each day that a violation of this article continues shall constitute a separate offense.
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 Borough Council.
[Added 6-18-2013 by Ord. No. 2013-04]
As used in this article, the following words and terms shall be defined as follows:
- ABANDONED MOTOR VEHICLE
- A vehicle which is found unattended without the current year's registration or identification markers as required by law and has been continuously parked or stored on private property for a period of five days and is so disabled as to be incapable of being operated under its own power or is without one or more of its tires.
- JUNKED, STRIPPED OR WRECKED MOTOR VEHICLE
- Any motor vehicle which is no longer in actual use as a motor vehicle or which is unfit to be operated or has been discarded for use.
It shall be unlawful to park, store or leave any motor vehicle of any kind in a wrecked, junked, stripped or abandoned condition in a place where its presence constitutes a hazard on private property or for 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 is authorized in connection with a business property operated pursuant to the zoning laws and other laws of the Borough.
If a police officer, the Fire Marshal, the Parking Code Enforcement Officer or the Health Inspector find that a violation of § 579-10 exists, said official shall notify the owner of the property on which the motor vehicle is stored or parked or the owner of the vehicle or both, of the violation and order either or both of said owners to remove said motor vehicle or vehicles within five days thereof.
Nothing in this article shall prevent authorized police officials, the Health Inspector, the Parking Code Enforcement Officer or the Fire Marshal from ordering the immediate removal from private property, without notice, any attended or unattended motor vehicles the presence of which constitutes a hazard or threat to the life, health, safety or welfare of the citizens of the Borough and which is imminently dangerous and, in the opinion of the authorized Borough officials, constitutes a nuisance which gives rise to the existence of emergency conditions.
Within 24 hours of the time of removal of any abandoned motor vehicle, notice of the fact that such vehicle has been impounded shall be sent by the Borough to the owner of record of such vehicle and the real property owner from whose land said vehicle was removed. Such notice shall designate the place from which said vehicle was removed, the reason for its removal and the garage or lot in which it shall have been impounded.
The Borough shall keep a record of all motor vehicles impounded and shall be able at all times to furnish the owners or agents of the owners thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges shall not operate to relieve the owner of any motor vehicle or owner of any real property on which said vehicle was parked, stored or abandoned from liability for any fine or penalty for the violation of any law or ordinance on account of which said motor vehicle was removed and impounded.
No motor vehicle shall be removed if, at the time of the intended removal thereof, the owner or the landowner on whose property said motor vehicle is standing is present and expresses a willingness and intention and takes action to remove such motor vehicle immediately.