[Ord. No. 3-2006, 5/9/2006]
For the purpose of this Part, 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 word in the singular number include the plural number, and the word "shall" is always mandatory and not merely directory.
ABANDONED VEHICLES
Any vehicle in nonserviceable condition or without having both a current inspection sticker and current registration plate.
BOARD OF SUPERVISORS
The Board of Supervisors of Sugarloaf Township, Luzerne County.
OWNER
The person owning, leasing, occupying or having charge of any premises within the Township.
PERSON
Any natural person, firm, partnership, association, corporation, company, club, copartnership, society, or any organization of any kind.
TOWNSHIP
The Township of Sugarloaf, which located within the confines of Luzerne County, Pennsylvania.
[Ord. No. 3-2006, 5/9/2006]
No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow a motor vehicle which is unlicensed, not currently inspected, abandoned or disabled or any large vehicle component, including but not limited to engines, transmissions, axle housing, frames or bodies, to remain on such property for a period of 30 days, provided that this section shall not apply with regard to any vehicle of vehicle component completely contained within an enclosed building. For purposes of this section, the term "enclosed building" shall mean a roofed and walled structure built for permanent use.
[Ord. No. 3-2006, 5/9/2006]
This Part shall further not apply with regard to any vehicle or vehicle component on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintaining of such a vehicle or vehicle component is necessary to the operation of such business enterprise or with regard to a vehicle or vehicle component in an appropriate storage place or depository maintained in a lawful place and manner by the Township or any other public entity. Any vehicle or vehicle component in violation of the provisions of this Part is hereby declared a nuisance.
[Ord. No. 3-2006, 5/9/2006]
It shall be the duty of the Board of Supervisors to serve or cause to be served a notice upon any person who is in violation of the provisions of this Part and to demand the abatement of the nuisance within 30 days.
[Ord. No. 3-2006, 5/9/2006]
If the person so served does not abate the nuisance within 30 days, he shall be guilty of an offense and, upon conviction thereof before the Magisterial District Judge, shall be sentenced to pay a fine of not more than $300, and costs of prosecution, and, in default of the payment of such fine and costs, shall be imprisoned in the county jail for a period of not more than 30 days. Enforcement of this Part may also be accomplished by any person who, by reason of another's violation of any provision of this Part, suffers special damage to himself different that suffered by other property owners throughout the Township generally, by way of an action to enjoin or otherwise abate an existing violation.
[Ord. No. 3-2006, 5/9/2006]
If the person so served does not abate the nuisance within 15 days, the Township Supervisors may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and collected from the person in a manner provided by law, either by filing of a municipal lien or claim by the institution of an action in assumpsit or by relief by bill in equity. The recovery of such cost and expense may be in addition to the penalty imposed as provided in § 10-305 of this Part.
[Ord. No. 3-2006, 5/9/2006]
The notice required by § 10-304 hereof shall be served personally upon the person in violation of this Part if such person resides in the Township of Sugarloaf or upon his agent if such agent has a residence or place of business within the Township. If neither the person in violation of this Part nor his agent is a resident of the Township and neither has an office within the Township, then such notice shall be sent to the person in violation of this Part by registered mail to his last known address.
[Ord. No. 3-2006, 5/9/2006]
1. 
The provisions of this Part are severable. If any section, sentence, clause or phrase of this Part shall be held illegal, invalid, unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentence, clauses, or phrases of this Part.
2. 
It is hereby declared as the intent of the Board of Supervisors that this Part would have been adopted had such invalid or unconstitutional section, sentence, clause or phrase not been included herein. Furthermore, it is the intent of this Part to be supplementary to and not contrary to any laws of the Commonwealth of Pennsylvania or regulations of any of its executive agencies.
[Ord. No. 3-2006, 5/9/2006]
All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed.
[Ord. No. 3-2006, 5/9/2006]
This Part shall take effect and be enforced from and after its approval as provided by law.