[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:
LESSEE
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repair.
NUISANCE
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.
OWNER
The actual owner, agent or custodian of the property, whether
individual or partnership, association or corporation.
PERSON
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.
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]
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.
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)]
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.
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.