[HISTORY: Adopted by the Board of Commissioners of the Township
of Muhlenberg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-18-1988 by Ord. No. 241 (Ch.
123 of the 1982 Code)]
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 repair.
Any condition, structure, improvement or material which shall
constitute a threat or potential threat to the health, safety or welfare
of the citizens of the Township of Muhlenberg or which is detrimental
to the property of others or which causes or tends to cause substantial
diminution in the value of other property in the neighborhood in which
such premises are located.
The actual owner, agent or custodian of the property, whether
individual or partnership, association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
No person owning, leasing, occupying or having
charge of any premises shall maintain or keep any nuisance thereon,
nor shall any such person keep or maintain such premises in a manner
causing substantial diminution in the value of the other property
in the neighborhood in which such premises is located.
A.
The enforcement
officer/inspector is hereby empowered to inspect grounds on which
a potential nuisance is located to determine if there is compliance
with the provisions of this article. If noncompliance with the provisions
of this article constitutes a nuisance, 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 is unknown, by
posting the notice conspicuously upon the offending premises.
B.
Said notice shall
specify the condition, structure or improvement constituting the nuisance
which is complained of and shall require the owner to remove or otherwise
abate the condition, structure or improvement, as set forth in said
letter, within 10 days of the mailing or posting of said notice.
If the owner does not comply with the notice
to abate the conditions within the time limit prescribed, the Township
of Muhlenberg shall have the authority to take measures to correct
the conditions and collect the costs of such corrections, including
reasonable attorneys' fees and engineering fees, plus 10% of all costs.
The Township of Muhlenberg, 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.
In addition, the Township of Muhlenberg shall have the right to enforce
this article in law or equity, and such remedies shall be cumulative.
[Amended 11-7-1988 by Ord. No. 250[1]]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 and/or to undergo
imprisonment for a term not to exceed 90 days. Each day that a violation
of this article continues shall constitute a separate offense.
[1]
Editor's Note: This ordinance also provided
that the fines and penalties may be collected by suit brought in the
name of the Township before any Magisterial District Judge, in like
manner as debts of like amount may be sued for by existing laws, and
to remit such fines and penalties.
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 Board of Commissioners.
[Adopted 4-18-1989 by Ord. No. 242 (Ch.
146 of the 1982 Code)]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
Definitions. As
used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
The owner, when the lessor holds the lessee responsible for
maintenance and repair.
Any type of mechanical device, propelled by motor, in which
persons or property may be transported, including trailers or semitrailers
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 Township of Muhlenberg.
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.
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.
A.
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 Muhlenberg or upon public or private streets within
said Township. A motor vehicle nuisance shall include any motor vehicle
which has any of the following defects:
(1)
Broken windshields,
mirrors or other glass with sharp edges.
(2)
One or more
flat or open tires or tubes which could permit vermin harborage.
(3)
Missing doors,
windows, hood, trunk or other body parts which could permit animal
harborage.
(4)
Any body parts
with sharp edges, including holes resulting from rust.
(5)
Missing tires
resulting in unsafe suspension of the motor vehicle.
(6)
Upholstery
which is torn or open which could permit animal and/or vermin harborage.
(7)
Broken headlamps
or taillamps with sharp edges.
(8)
Disassembled
chassis parts apart from the motor vehicle stored in a disorderly
fashion or loose in or on the vehicle.
(9)
Protruding
sharp objects from the chassis.
(10)
Broken vehicle
frames suspended from the ground in unstable conditions.
(11)
Leaking
or damaged oil pans or gas tanks which could cause fires or explosions.
(12)
Exposed
batteries containing acid.
(13)
Inoperable
locking mechanisms for doors or trunks.
(14)
Open or
damaged floorboards, including trunk and firewall.
(15)
Damaged
bumpers pulled away from the perimeter of the vehicle.
(16)
Broken grilles
with protruding edges.
(17)
Loose or
damaged metal trim and clips.
(18)
Broken communication
equipment antennae suspended on unstable supports.
(19)
Such other
defects which could threaten the health, safety and welfare of the
citizens of the Township of Muhlenberg.
B.
A motor vehicle
nuisance shall further include parts of motor vehicles as engine blocks,
fenders, quarter panels, etc., which are also allowed to remain upon
open private grounds.
C.
It shall be unlawful for any person,
owner or lessee to maintain a motor vehicle nuisance upon public or
private streets within said Township. In addition to the nuisances
identified hereinabove, a motor vehicle nuisance shall include any
motor vehicle without a current valid registration plate or without
a current inspection sticker, unless parked in front of or in close
proximity to an official state inspection station which identifies
such vehicle by work order specifying that a state inspection will
be performed within 24 hours.
[Added 3-16-2015 by Ord.
No. 538]
D.
No vehicle shall be stored or parked on any street,
dedicated alley, fire lane, road or highway. As used herein, "stored"
shall mean the parking of a vehicle in one place upon any street,
dedicated alley, fire lane, road or highway continuously for over
seven days. Any person violating this subsection shall be guilty of
a summary offense and shall be sentenced to pay a fine of $25 plus
any costs of disposing of the vehicle and costs of prosecution. Any
member of the Muhlenberg Township Police Department is hereby authorized
and empowered to enforce this subsection.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person, owner or lessee who has three or more motor vehicle nuisances as defined in § 228-8 above may store such vehicle(s) in the Township of Muhlenberg 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 Muhlenberg, such as may be provided from time to time by resolution of the Township of Muhlenberg. 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. 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 154 square feet per vehicle.
A.
The Enforcement
Officer/Inspector 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 imposes 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.
B.
Said notice shall
specify the condition or structure or improvement complained of and
shall require the owner 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.
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 Township of Muhlenberg shall
have the authority to take measures to correct the conditions and
collect the costs of such corrections, including reasonable attorneys'
and engineering fees, plus 10% of all costs. The Township of Muhlenberg,
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. In addition, the Township of
Muhlenberg shall have the right to enforce this article in law or
equity, and such remedies shall be cumulative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provisions
of this article shall, upon conviction in a summary proceeding, pay
a fine of not more than $1,000 plus the costs of prosecution and,
in default of the payment of the fine and costs of prosecution, shall
be imprisoned for a period not exceeding 30 days.
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 Board of Commissioners.
