[Adopted 5-28-2019 by Ord. No. 911]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this article to have the following meanings:
A vehicle which (1) contains one or more broken windows or
one or more missing doors or a missing trunk or hood which allows
entry into the vehicle by children; (2) is structurally unstable or
supported by blocks, jacks or other devices creating a danger of slipping
and moving; (3) is parked on private property in such manner as to
constitute an "abandoned vehicle" under the Vehicle Code; or (4) is
partially dismantled, unusable or wrecked and which cannot safely
or legally be operated on the streets or highways of the Borough.
Currently licensed, registered and inspected vehicles shall not be
included within this definition regardless of condition.
Any storage except inside a building or in an area completely
surrounded by a solid fence of a height not less than the height of
the motor vehicle or trailer being sheltered.
The Pennsylvania Vehicle Code.
No person who owns a hazardous vehicle shall park, place or
deposit the hazardous vehicle in unsheltered storage upon any private
property within the Borough of Columbia. No person owning or occupying
any property within the Borough of Columbia shall permit a hazardous
vehicle to remain in unsheltered storage on any property.
A.
It shall be unlawful for any person owning or having custody of any
hazardous vehicle to store or permit such vehicle to remain in unsheltered
storage on any private property within the Borough.
B.
It shall be further unlawful for any person, after notification to
remove a hazardous vehicle, to move the same to unsheltered storage
on any other private property within the Borough of Columbia.
The prohibitions of this article shall not apply to a limit
of one hazardous vehicle if it is stored within an enclosed building
or an area completely surrounded by a solid fence of a height of not
less than the height of the hazardous vehicle, and this article shall
not apply to the premises of a business enterprise otherwise operated
in a lawful place and manner when necessary to the operation of such
business enterprise, nor shall it apply to the seasonal use vehicles
such as snowmobiles, motorcycles, motor scooters and nonmotorized
campers. The prohibitions of this article shall likewise not be applied
to salvors holding the current certificate of authorization from the
Commonwealth of Pennsylvania.
A.
This article may be enforced by any Borough of Columbia Code Compliance
Manager or his/her designee.
B.
Upon the finding of violation, the official may issue violation tickets to the owner and/or occupant of the property where the vehicle is placed in accordance with Article II of Chapter 1 of the Borough Code. The penalties for nonpayment; abatement and charges, and appeals shall be as provided in Article II, § 1-20. If the Borough is required to abate an abandoned hazardous vehicle, the abatement cost shall be as provided in that subsection, as amended from time to time.
C.
After three violation tickets have been issued, or if in the opinion
of the Compliance Manager the situation requires written notice, said
notice shall be sent by certified or registered mail to the owner
of record or persons having custody of such hazardous vehicle, and
also to the owner of the property, if different, to remove the hazardous
motor vehicle within 30 days. The notice shall state or contain:
(1)
A description and location of the hazardous motor vehicle.
(2)
A statement that the hazardous motor vehicle must be removed
within 30 days.
(3)
A statement that removal from the location to another location
in the Borough of Columbia is not permitted, unless that location
provides sheltered storage as defined herein.
(4)
A statement that after removal was made, that notification of
the removal should be given to the Building Inspector or Code Enforcement
Officer.
(5)
A statement of the penalties provided for noncompliance.
Nothing in this article shall prevent the Borough or duly authorized
officials from removing from private property, without notice, any
attended or unattended motor vehicle, the presence of which constitutes
a hazard or threat to the life, health, safety, welfare and morals
of the residents of the Borough which is imminently dangerous and,
in the opinion of the Borough or authorized officials, constitutes
a nuisance which gives rise to the existence of emergency conditions.
A.
Any person violating any of the provisions of this article shall,
upon conviction, be guilty of a summary offense and shall be sentenced
to pay a fine of not more than $1,000, together with cost of prosecution,
and in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days.
B.
In addition to or in lieu of enforcement under any other provision
of this article, the Borough may enforce any provision of this article
by an action in equity in the Court of Common Pleas of Lancaster County.
C.
In any action brought pursuant to this § 207-113, the Borough is entitled to receive, at the order of the Court, an assessment of Court costs and reasonable attorney's fees incurred by the Borough in bringing forth any such action. Each day that the property is not in compliance shall constitute a separate violation.
D.
The remedies set forth above shall not be construed to the limit
or deny the right of the Borough of Columbia to any other equitable
or legal rights or remedies as may be otherwise available at law.
