[HISTORY: Adopted by the Board of Supervisors
of Franklin Township 6-7-1990 as Ch. 10, Part 1, of the 1990 Code. Amendments noted where
applicable.]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public or private streets
or highways, and 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 Franklin Township.
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 chapter, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include
the feminine and the neuter.
[Amended 7-2-2020 by Ord. No. 2020-02]
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 Franklin Township. A "motor vehicle nuisance"
shall include any vehicle of any kind which is inoperable, or unable
to move under its own power, or has no valid motor vehicle inspection
sticker, or no current license plate, or no valid registration card,
or is wrecked, or dismantled, or partially dismantled, or abandoned,
or in a state of disrepair, meaning the condition of the vehicle is
being worn out or in poor working order requiring repairs, or in a
state of neglect or dilapidation at the time of the alleged violation
or citation. Motor vehicle nuisances include but are not limited to
any vehicle with:
(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 tail-lamps 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 frame suspended from the ground in an unstable
manner.
(11)
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
(12)
Exposed battery containing acid.
(13)
Inoperable locking mechanism for doors or trunk.
(14)
Open or damaged floor boards, including trunk and firewall.
(15)
Damaged bumpers pulled away from the perimeter of vehicle.
(16)
Broken grill with protruding edges.
(17)
Loose or damaged metal trim and clips.
(18)
Broken communication equipment antennas.
(19)
Suspended on unstable supports.
(20)
Such other defects which could threaten the health, safety and
welfare of the citizens of Franklin Township.
B.
Exceptions. Certain exceptions shall exist for a motor vehicle of
any type which is undergoing a major overhaul, including body work,
provided that such work is performed inside a structure or similarly
enclosed area designated and approved by the Township for said purposes.
This must be an ongoing project and not one that lingers over a period
of years.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 164-2 above may store such vehicle(s) in Franklin Township 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 Franklin Township such as may be provided from time to time by resolution of the Franklin Township Board of Supervisors. The motor vehicle 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 Franklin Township Board of Supervisors motor vehicle nuisances may also be stored outside in an area enclosed by a chain link 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 liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored.
A.
The Franklin Township Code Enforcement Officer (the
“Code Enforcement Officer”) is 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, 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 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 and the provisions of this chapter within a reasonable time.
If the owner of grounds on which motor vehicles
are stored does not comply with the notice to abate conditions within
the time limit prescribed, Franklin Township shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections, plus 10% of all costs from the said owner. Franklin
Township, or its duly authorized agent(s), 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. The Township shall thereafter have the right to collect
the cost of such corrections, plus 10% penalty, plus reasonable costs
and attorney's fees, from the owner(s), by filing a municipal claim
against the subject property and owner(s), in accordance with the
laws of the Commonwealth of Pennsylvania pertaining thereto, which
are hereby incorporated herein by reference.
A.
Any person aggrieved by the decision of the Code Enforcement
Officer may request and shall then be granted a hearing before the
Franklin Township Board of Supervisors, provided that such aggrieved
person files with the Franklin Township Board of Supervisors within
10 days after notice of the Code Enforcement Officer's decision, a
written petition requesting such hearing and setting forth with particularity
a statement of the grounds therefor.
Any person, firm, corporation or other entity,
or any agent thereof, who shall violate any provision of this chapter
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also 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 Franklin Township Board of Supervisors.
