[HISTORY: Adopted by the Borough Council of the Borough of Pine Grove 11-20-1997 by Ord. No. 338. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- ABANDONED VEHICLE
- Any type of vehicle, including a trailer, which:
- Owner for the purpose of this chapter 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 semi-trailers pulled thereby.
- Any condition, structure, or improvement which shall constitute a threat to the health, safety or welfare of the citizens of the Borough of Pine Grove.
- The actual owner, agent or custodian of the property in 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 chapter, 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 open-private grounds of such person, owner or lessee within the Borough of Pine Grove or upon any private structures of such person within the Borough of Pine Grove. 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, truck, 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 head lamps 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 mechanisms for doors or trunk.
Open or damaged floor boards, including trunk and fire wall.
Damaged bumpers pulled away from the perimeter of the vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips.
Broken communication equipment antenna.
Suspended or unstable supports.
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Pine Grove.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 177-2 above may store such vehicles in the Borough of Pine Grove 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 Pine Grove such as may be provided from time to time by resolution of the Borough Council of the Borough of Pine Grove. The then-permitted nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council of the Borough of Pine Grove, motor vehicle nuisances may also be stored outside in an area enclosed by a chain linked 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.
Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Zoning Ordinances of Schuylkill County as applicable to the Borough of Pine Grove.
The Pine Grove Borough Police Department and/or any other individual as may be designated from time to time by the Borough Council of the Borough of Pine Grove are hereby empowered to inspect grounds on which motor vehicles are stored to determine if there is compliance with the provisions of this chapter. If noncompliance with the provisions of this chapter constitutes a nuisance, or if any condition, structure or improvement poses a threat to the health, safety, or welfare of the public, such inspecting officers shall issue 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.
Such 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 condition, within the time limit prescribed hereinabove, the Borough of Pine Grove shall have the authority to take such measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs thereby incurred. The Borough of Pine Grove, 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, and to take any other reasonable and necessary acts consistent with the terms, conditions, prohibitions and penalties set forth in this chapter.
An abandoned vehicle may not be parked, stored or left to remain on any lot, tract, parcel of land or portion thereof, either occupied or unoccupied, approved or unapproved, in the Borough of Pine Grove, unless necessary for the operation of a business enterprise lawfully permitted on private property.
The Pine Grove Borough of Police Department and/or such individual as designated by Borough Council shall be empowered to order the removal of such abandoned vehicle(s) within five days from the date of service of notice of violation as prescribed in § 177-4 hereinabove.
If the property owner and/or vehicle owner can demonstrate to the Pine Grove Borough Police Department and/or designee of Borough Council that the existence of any unoccupied vehicle(s) is necessary for the operation of a business enterprise lawfully permitted on private property, and that appropriate remedial steps are being taken, consistent with the terms and conditions of this chapter, to make safe the subject area, then the said Pine Grove Borough Police Department or designee of Borough Council shall make such orders as are necessary, consistent with the said remedial steps to be taken, in order to abate any existing hazards or dangerous conditions or nuisances as may have been found to exist.
Any person aggrieved by the decision of the Pine Grove Borough Police Department or the said designee of the Borough Council may request and shall then be granted a hearing before the Pine Grove Borough Council; provided, however, that the said individual requesting a hearing must file with the Borough Council of the Borough of Pine Grove within 10 days after notice of the Borough's decision with respect to the nuisance, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. In the event of such filing, Borough Council shall schedule and hold a hearing not later than 30 days after the date on which the petition was filed, unless otherwise postponed for sufficient cause shown.
After such hearing, the Borough Council of the Borough of Pine Grove shall sustain, modify or overrule the action of the Pine Grove Borough Police Department or designee of the Borough, as Council in its wisdom shall elect.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Violations of this chapter shall be punishable for each offense by a fine of not less than $25 nor more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Violation of this chapter beyond a single day shall be deemed a continuing violation, and each additional day on which a violation shall occur shall constitute a separate and distinct 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 Council of the Borough of Pine Grove.