[HISTORY: Adopted by the Borough Council of the Borough of Houston 7-10-1996 by Ord. No. 441. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semitrailers pulled thereby.
NUISANCE
Any condition, structure, or improvement which shall constitute a danger or potential danger to the health, safety, or welfare of the citizens of Houston Borough.
OWNER
The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association, or corporation.
PERSON
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.
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 Borough of Houston. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any of the following physical defects:
A. 
Broken windshields, mirrors or other glass, with sharp edges.
B. 
One or more flat or open tires or tubes which could permit vermin harborage.
C. 
Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
D. 
Any body parts with sharp edges, including holes resulting from rust.
E. 
Missing tires resulting in unsafe suspension of the motor vehicle.
F. 
Upholstery which is torn or open which could permit animal and/or vermin harborage.
G. 
Broken headlamps or taillamps with sharp edges.
H. 
Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.
I. 
Protruding sharp objects from the chassis.
J. 
Broken vehicle frame suspended from the ground in an unstable manner.
K. 
Leaking or damaged oil pan or gas tank which could cause a fire or explosion.
L. 
Exposed battery containing acid.
M. 
Inoperable locking mechanism for doors or trunk.
N. 
Open or damaged floorboards, including trunk and fire wall.
O. 
Damaged bumpers pulled away from the perimeter of vehicle.
P. 
Broken grill with protruding edges.
Q. 
Loose or damaged metal trim and clips.
R. 
Broken communication equipment antennas.
S. 
Suspended on unstable supports.
T. 
Such other defects which could threaten the health, safety and welfare of the citizens of Houston Borough.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 274-2 above, may store such vehicle(s) in the Borough of Houston only in strict compliance with the regulations provided herein. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building. Unacceptable structures include, but are not limited to, tarps, car covers, canopies, carports or any structure similar in nature. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 295, Zoning.
A. 
The Enforcement Officer is hereby empowered to inspect private property 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 within a reasonable time.
If the owner of grounds on which motor vehicles are stored does not comply with the notice to abate the nuisance within the time limit prescribed, Houston Borough shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus 10% of all costs. Houston Borough, 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.
A. 
Any person aggrieved by the decision of the Enforcement Officer may request and shall then be granted a hearing before the Zoning Hearing Board, provided he files with Houston Borough, within 10 days after notice of the Enforcement Officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence not later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.
B. 
After such hearing, the Zoning Hearing Board shall sustain, modify or overrule the action of the Enforcement Officer.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of $600, and in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall 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 Zoning Hearing Board.
State licensed automotive sales and service are specifically exempt.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. The following ordinances or parts thereof are specifically repealed:
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of Houston Borough that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This chapter shall become effective five days after passage.