[HISTORY: Adopted by the Borough Council of the Borough of
Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-1990 by Ord. No. 438 (Ch. 111, Art. VI, of the 2005 Code
of Ordinances); amended in its entirety 9-16-2020 by Ord. No. 2020-697]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandate and not merely directory:
The Borough of Bath, Northampton County Pennsylvania;
A vehicle propelled by power other than human power designed
to travel by use of wheels, treads or slides to transport the vehicle
or person or property or pull machinery and shall include, without
limitation, automobiles, trucks, campers, boats, trailers, motorcycles,
tractors, buggies and wagons.
Any motor vehicle which is unable to move under its own power
or situation that has any of the following undesirable characteristics
that are each hereby deemed to violate the health, safety, morals,
and general welfare of the citizens of the Borough and the cleanliness
and beauty, convenience, comfort and safety of the Borough:
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, trunk or other 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 headlamps or tail lamps with sharp edges;
Disassembled chassis parts apart from the motor vehicle stored
in a disorderly fashion or loose in or on 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 mechanism for doors or trunk;
Open or damaged floorboards, including trunk and firewall;
Damaged bumpers pulled away from the perimeter of vehicle;
Broken grill with protruding edges;
Loose or damaged metal trim and clips;
Broken communication equipment antennae;
Missing a vehicle license plate;
Motor vehicle does not display current inspection sticker(s);
Motor vehicle has suspended or unstable supports or is on a
jack stand(s) in public view;
Part or parts of motor vehicle such as engine block, fender,
quarter panel, tire, hub cap, etc., which are allowed to remain detached
from an operational or nonoperational motor vehicle and visible to
public view;
Part or parts of motor vehicle such as engine block, fender,
quarter panel, tire, hub cap, etc., which are allowed to remain within
an operational or nonoperational motor vehicle and visible to public
view;
The accumulation, storage or parking of a wrecked, junked, partially
dismantled or inoperable motor vehicle visible to the public view;
or
Motor vehicle shows visible notices of more than three parking
tickets.
Any condition, structure, vehicle or improvement which shall
constitute a threat or potential threat to the health, safety or welfare
of the citizens of the Borough of Bath.
A person owning, leasing, occupying or having charge of any
premises within the Borough.
Any natural person, firm partnership, association, corporation,
company or organization of any kind.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a private property or public
street.
The dirt or grassed space between the front main wall of
a building and the closer of any part of the front street right-of-way
or lot boundary, including, but not limited to, the entire front street
right-of-way or lot boundary.
The dirt or grassed space between the rear main wall of a
building and the closer of any part of a street right-of-way or lot
boundary, including, but not limited to, the entire street right-of-way
or lot boundary.
The dirt or grassed space between the side main wall of a
building and the closer of any part of a street right-of-way or lot
boundary, including, but not limited to, the entire street right-of-way
or lot boundary.
It shall be unlawful for any owner of a motor vehicle nuisance
or lot owner to permit a motor vehicle nuisance upon private property
within the Borough of Bath or upon public property owned or maintained
by the Borough of Bath.
A.
Whenever a condition constituting a motor vehicle nuisance is found,
the Bath Borough Council designee or Code Enforcement Officer shall
cause written notice to be served upon the owner of the motor vehicle
nuisance or owner of the private property where the motor vehicle
nuisance was found, or both, in one of the following ways:
(1)
By making personal delivery of the notice to the owner of the motor
vehicle nuisance or owner of the private property where the motor
vehicle nuisance was found;
(2)
By handing a copy of the notice at the residence of the owner of
the motor vehicle nuisance or owner of the private property where
the motor vehicle nuisance was found to an adult member of the family
with which he resides; but if no adult member of the family is found,
then to an adult person in charge of such residence;
(3)
By fixing a copy of the notice to the door at the entrance of the
premises in violation;
(4)
By fixing a copy of the notice to the motor vehicle in violation
of this chapter;
(5)
By mailing, via certified mail, a copy of the notice to the last
known address of the owner of the motor vehicle nuisance or owner
of the private property where the motor vehicle nuisance was found;
(6)
By publishing a copy of the notice in the local newspaper once a
week for three successive weeks.
B.
Such notice shall set forth the motor vehicle nuisance characteristic(s)
found and whether removal is necessary and required by the Borough.
Such notice shall require the addressee of the notice to commence
action in accordance with the terms thereof within 10 days after the
date of the notice and that failure to comply fully with the terms
of the notice within 10 days after the date of the notice shall cause
all material to be supplied and work done by the Borough to remove
the nuisance, including, but not limited to the Borough's independent
contractor's fees and expenses, together with a penalty of 10%,
plus the Borough's reasonable attorney's fees and expenses
to be at the expense of the owner of the motor vehicle nuisance and/or
owner of the private property where the motor vehicle nuisance was
found.
If the owner of the motor vehicle nuisance or owner of the private
property where the motor vehicle nuisance was found, after receiving
due notice, refuses to comply with the terms thereof:
A.
He shall be guilty of a violation of this article and shall, upon
conviction, thereof, pay a fine of not less than $200 but not more
than $1,000 plus the costs of prosecution, and, in default of payment
of such fine and costs of prosecution, shall be imprisoned for not
more than 10 days; provided, each day's continuance of a violation
shall constitute a separate offense. In addition, court costs and
reasonable attorney fees incurred by the Borough in enforcement proceedings
shall be assessed against violator and awarded to the Borough.
B.
The Borough Manager may direct the removal of the motor vehicle nuisance
to be done by the Borough or an independent contractor of the Borough
and the cost thereof with a penalty of 10% may be collected from the
owner of the motor vehicle nuisance or owner of the private property
where the motor vehicle nuisance was found by an action of assumpsit
or by the filing of a municipal claim or lien thereof against the
real estate of the owner of the private property where the motor vehicle
nuisance was found. In the event of an action of assumpsit or municipal
claim or lien, the owner of the motor vehicle nuisance or owner of
the private property where the motor vehicle nuisance was found shall
also be liable to the Borough for court costs and reasonable attorney
fees incurred by the Borough in such proceeding(s).
(1)
Fees and charges for towing and storage services shall not exceed fees and charge amounts for towing and storage services permitted by Article VIII (Public Towing & Towing Storage) of Chapter 625 (Vehicles and Traffic), as may be amended from time to time, for towing and storage services relative to removal from public property.
C.
The Borough, by means of a complaint in equity, may compel the owner
of the motor vehicle nuisance or owner of the private property where
the motor vehicle nuisance was found to remove the motor vehicle nuisance
or seek such other relief as such court is empowered to afford. In
the event of such complaint in equity, the owner of the motor vehicle
nuisance or owner of the private property where the motor vehicle
nuisance was found shall be liable to the Borough for court costs
and reasonable attorney fees incurred by the Borough in such proceeding(s).
[Adopted 10-1-2007 by Ord. No. 2007-602]
It shall be unlawful to maintain on any public or private grounds
within the corporate limits of the Borough of Bath, any nuisance,
including but not limited to accumulations of garbage and rubbish
and the storage of abandoned or junked automobiles, or any dangerous
structure, and to carry on any noxious, noisome or otherwise offensive
manufacture or business thereon. A nuisance shall include, but is
not limited to, furniture and other similar products designed exclusively
for indoor living, and automobile car seats, placed or stored on exterior
porches, in yards or internal sidewalks, or placed or stored on sidewalks
along a state road or Borough street. A dangerous structure shall
include any man-made object built or constructed or a portion thereof
which could cause serious or life-threatening injury or death at any
time because the structure is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
partial or complete collapse is possible.
Upon 10 days' written notice directed to the owner or occupier
thereof, any nuisance or dangerous structure on any public or private
grounds shall be removed, and on his or her default, it shall be lawful
for the Borough, by its duly authorized agents or employees, to remove
the same, and to collect the cost of such removal from the owner or
occupier together with a penalty of 10% of such cost, in the manner
provided by law for the collection of municipal claims, or by action
of assumpsit, or the Borough may seek relief by bill in equity. In
addition to reasonable attorneys' fees permitted by law, in all proceedings
for the recovery of municipal claims, an attorney's commission of
5% may be included.
[Amended 11-5-2018 by Ord. No. 2018-678]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
In addition, court costs and reasonable attorney fees incurred by
the Borough in enforcement proceedings shall be assessed against violator
and awarded to the Borough.
The Borough Manager, or her designee, any police officer, or
Code Enforcement Officer is hereby authorized to act on behalf of
the Borough.
