[HISTORY: Adopted by the Borough Council of the Borough of Oakdale as Ch. 10, Part 3, of the 1995 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 206.
Peace and good order — See Ch. 231.
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
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 streets or highways, and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure, or improvement which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of the Borough.
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 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. 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, hood, trunk 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 headlamps or taillamps 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 frame 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 mechanism for doors or trunk.
N. 
Open or damaged floorboards, including trunk and firewall.
O. 
Damaged bumpers pulled away from the perimeter of vehicle.
P. 
Broken grill with protruding edges.
Q. 
Loose or damaged metal trim and clips.
R. 
Broken communication equipment antennae.
S. 
Suspended on unstable supports.
T. 
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough.
U. 
Vehicles with expired inspection, plate and/or registration.
[Added 12-22-2010 by Ord. No. 2010-8]
A. 
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 214-2 above may store such vehicle(s) in the Borough 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 in an amount as established, 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.
B. 
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. Only one motor vehicle nuisance by be stored on open private grounds owned or leased within the Borough.
C. 
Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 375, Zoning.
A. 
The Borough Police are hereby empowered to inspect private property 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, they 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.
B. 
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 nuisance within the time limit prescribed, the Borough shall have the authority to take measures to correct the condition and collect the cost of such corrections, plus 10% of all costs. The Borough, 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.
A. 
Any person aggrieved by the decision of the Borough Police may request and shall then be granted a hearing before the Borough Council, providing he files with the Borough Council, within 10 days after notice of the Borough Police'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.
B. 
After such hearing, the Borough Council shall sustain, modify or overrule the action of the Borough Police.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to undergo imprisonment for a term 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.
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
The owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
NUISANCE
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.
OWNER
The actual owner, agent or custodian of the property on which machinery, equipment or materials are stored, whether individual or partnership, association, or corporation.
PERSON
A natural person, firm, partnership, association, corporation, or other legal entity.
B. 
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 to store or maintain abandoned, unused, stripped, damaged and generally unusable appliances, machinery or equipment, or construction materials in the open on private property. Such storage shall constitute a nuisance and/or health hazard if any of the following conditions exist:[1]
A. 
Broken glass or metal parts with sharp or protruding edges.
B. 
Containers which are conducive to the harboring and growth of vermin or animals.
C. 
Storage in any manner which would allow the equipment, machinery, material or any parts thereof to easily shift, tilt, or fall from its original storage position.
D. 
Containers of any liquid or material of a hazardous or potentially hazardous nature, including, but not limited to, gasoline, oil, battery acids, refrigeration agents, and poisons.[2]
[2]
Editor's Note: See also Ch. 183, Hazardous Materials.
E. 
Any other condition which shall threaten the health, safety or welfare of the citizens.
F. 
Refrigerators with the doors remaining attached.
[1]
Editor's Note: See also § 293-4, Standards for storage of solid waste, of Ch. 293, Solid Waste.
A. 
Storage of such items as listed in § 214-10, hereof, on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Borough ordinances, or in state or federal laws. Each person, owner or lessee desiring to store items described in § 214-10 shall apply for a permit for either temporary or permanent storage and pay a fee to the Borough as established, from time to time, by resolution of the Borough Council. Such nuisances(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.
B. 
With the special approval of the Borough Council, 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, the appliances, machinery, equipment or construction materials shall be kept free of vermin infestation while being stored, and all gas, oil or other potentially hazardous substances shall be removed. The total area of storage of such nuisances may not exceed 40 square feet.
C. 
Nothing herein shall be construed to permit the storage of appliances, machinery, equipment or material nuisances contrary to the provisions of Chapter 375, Zoning.
A. 
The Borough Police are hereby empowered to inspect private property on which appliances, machinery, equipment, and/or various construction materials 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 danger to the health, safety, or welfare of the public, they 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.
B. 
Said notice shall specify the condition considered to be a hazard and/or nuisance and shall require the owner to commence to remove or otherwise rectify the condition as set forth in the notice within 10 days of the 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 property on which appliances, machinery, equipment, and/or construction materials are stored does not comply with the notice to abate the nuisance within the time limit prescribed, the Borough 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, in such event and pursuant to its statutory or authorized police powers, shall have the right and power to enter upon the offending premises to accomplish the foregoing.
A. 
Any person aggrieved by the decision of the Borough Police 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 Borough Police'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.
B. 
After such hearing, the Borough Council shall sustain, modify or overrule the action of the Police Department.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, 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 by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the Borough Council.