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 Baden. A "motor vehicle nuisance"
shall include any motor vehicle which has any of the following defects
and/or is characterized by the following conditions:
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 around 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 or doors or trunk;
N. Open or damaged floorboards, including trunk and firewall;
O. Damaged bumpers pulled away from the perimeter of the vehicle;
P. Broken grill with protruding edges;
Q. Loose or damaged metal trim and clips;
R. Broken communication equipment antennas;
S. Suspended on unstable supports;
T. Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Baden.
If the person creating and/or maintaining the nuisance and/or
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,
or to file an appeal as herein provided, the Borough of Baden shall
have the authority to take measures to correct the conditions, remove
or abate such conditions, and collect the cost of such corrections,
removal or abatement, plus 10% of all costs. The Borough of Baden,
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.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, 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 undergo imprisonment for a term not to exceed 30 days. Each day
that a violation of this chapter continues shall constitute a separate
offense.
The remedies provided herein for the enforcement of this chapter,
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 of Baden. Furthermore, in the exercise of the
powers herein conferred, the Borough may institute proceedings in
a court of equity.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Borough of Baden that this chapter would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.