[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
1. As used
in this Part, the following terms shall have the meanings indicated,
unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this Part 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 street or highways,
and including trailers or semi-trailers pulled thereby.
NUISANCE
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Borough of Braddock Hills.
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.
2. In this
Part, the singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
1. 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 Braddock Hills. 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 tail-lamps 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 fire or explosion.
L. Exposed
battery containing acid.
M. Inoperable
locking mechanism for doors or trunk.
N. Open
or damaged floor boards including trunk and firewall.
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 antennae.
S. Suspended
on unstable supports.
T. Such
other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Braddock Hills.
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
1. Any person, owner or lessee who has one or more motor vehicle nuisances as defined in §
10-402 above may store such vehicle(s) in the Borough of Braddock Hills 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 the Borough of Braddock Hills such as may be provided from time to time by resolution of the Borough Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or, outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the Borough Council, 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. The total area of storage of motor vehicle nuisances may not exceed 5,000 square feet.
2. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Borough of Braddock Hills Zoning Chapter [Chapter
27].
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
1. The 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 Part. If noncompliance with the provisions of this Part 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.
2. 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.
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the conditions, within the time
limit prescribed, the Borough of Braddock Hills shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections plus 10% of all costs. The Borough of Braddock Hills,
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.
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
1. Any person
aggrieved by the decision of the Enforcement Officer may request and
shall then be granted a hearing before the Borough Council; provided,
he files with the Borough Council 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.
2. After
such hearing, the Borough Council shall sustain, modify or overrule
the action of the Enforcement Officer.
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not more than
$600, and/or to undergo imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 70-3, 9/11/1970; as revised by Ord. 5-1998, 8/12/1998]
The remedies provided herein for the enforcement of this Part,
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 Borough Council.