[Ord. 1991-3, 10/6/1991, § 1]
1. As used in this Part the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this Part 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 the public streets or
highways and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure or improvement which will constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the Township of Vernon.
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.
2. In this Part the singular shall include the plural; the plural shall
include the singular and the masculine shall include the feminine
and the neuter.
[Ord. 1991-3, 10/16/1991, § 2]
1. 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 of Vernon. 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 windshields, mirrors or other glass with sharp edges.
B. One or more flat or open tires or tubes which could permit vermin
harborage.
C. Missing doors, windows, hoods, trunks or other body parts which could
permit animal harborage.
D. Any body parts with sharp edges including holes resulting from rust.
E. Missing tires 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 lamps or tail lamps 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 objects from the chassis.
J. Broken vehicle frames 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 mechanisms for doors or trunk.
N. Open or damaged floor boards including trunk and fire wall.
O. Damaged bumpers pulled away from the perimeter of the vehicle.
P. Broken grill with protruding edges.
Q. Loose or metal trim and clips.
R. Broken communication equipment antenna.
S. Suspended on unstable supports.
T. Such other defects which could threaten the health, safety and welfare
of the citizens of the Township of Vernon.
[Ord. 1991-3, 10/16/1991, § 3; as amended by Ord.
1997-2, 3/6/1997]
1. Any person, owner or lessee who has one or more motor vehicle nuisances, as defined in §
10-102 of this Part, may store such vehicle(s) n the Township of Vernon 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 Township of Vernon such as may be provided from time to time by resolution of the Board of Supervisors of Vernon Township. 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 Board of Supervisors of Vernon Township 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 liquids shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 400 square feet.
2. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Vernon Township Zoning Ordinance [Chapter
27].
[Ord. 1991-3, 10/16/1991, § 4]
1. The Vernon Township Police are hereby empowered to inspect grounds
on which motor vehicles are stored to determine whether or not 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, the police officer 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 is unknown by posting
the notice conspicuously upon the offending premises.
2. 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.
[Ord.1991-3, 10/16/1991, § 5]
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the condition, within the time
prescribed, the Township of Vernon shall have the authority to take
measures to correct the condition and collect the cost of such corrections
plus 10% of all costs. The Township of Vernon, 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.
[Ord. 1991-3, 10/16/1991, § 6]
1. Any person aggrieved by a decision of the Vernon Township police
officer may request and shall then be granted a hearing before the
Board of Supervisors of Vernon Township; provided, however, that he/she
files with the Board of Supervisors of Vernon Township within the
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 less than
30 days after the date on which the petition was filed unless postponed
for sufficient cause.
2. After such hearing the Board of Supervisors of Vernon Township will
sustain, modify or overrule the action of the Vernon Township police
officer.
[Ord. 1991-3, 10/16/1991, § 7]
Notwithstanding the other applicable provisions of this Part, all motor vehicle dealers, all motor vehicle repair garages and all motor vehicle body repair garages are granted permission to retain on their premises for a period of six consecutive months motor vehicles which are located on their premises for purposes related to the operation of their business although said motor vehicles may fall into the classification of a nuisance as described in §
10-102 of this Part. Upon written request of the owner of the premises wherein the aforesaid motor vehicles are located the six-month limitation set forth herein may be extended upon written request to the Township Manager. The Township Manager may grant an extension for a time certain but not for a period in excess of an additional six months. The purpose and intent of this exemption is to permit motor vehicle dealers, motor vehicle repair garages and motor vehicle body repair garages to retain motor vehicles on their premises which have been placed on said premises for repair and/or renovation or other alterations.
[Ord. 1991-3, 10/16/1991, § 8; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1991-3, 10/16/1991, § 9]
The remedies provided herein, for the enforcement of this Part,
or any remedy provided by law should not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
option of the Board of Supervisors of Vernon Township.