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.
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.
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.