[HISTORY: Adopted by the Borough Council
of the Borough of Dravosburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-17-2002 by Ord. No. 02-04]
A.
BOROUGH
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Borough of Dravosburg.
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
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.
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 Dravosburg.
The actual owner, agent, or custodian of the property on
which motor vehicles are stored, whether an individual or partnership,
association, or corporation.
Any natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this article, 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. A motor
vehicle nuisance shall include any motor vehicle which does not have
a current and valid Pennsylvania inspection sticker; does not have
a current and valid vehicle registration plate or sticker issued by
the Commonwealth of Pennsylvania, or another state; or 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 floorboards, including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of
the 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 the Borough of Dravosburg.
A.
Any person, owner or lessee who has one or more motor
vehicle nuisances as defined above may store such vehicle(s) in the
Borough 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 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 perimeter 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 200 square feet.
A.
The Zoning/Code Enforcement Officer of the Borough
is hereby empowered to inspect grounds on which motor vehicles are
stored to determine if there is compliance with the provisions of
this article. If noncompliance with the provisions of this article
constitutes a nuisance, or if any condition, structure, or improvement
poses a threat to the health, safety, or welfare of the public, the
Zoning/Code Enforcement Officer of the Borough 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 conditions
within the time limit prescribed, the Borough shall have the authority
to take measures to correct the conditions and collect the costs of
such corrections, plus 10% of all costs. The 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 Zoning/Code
Enforcement Officer of the Borough may request and shall then be granted
a Hearing before Borough Council, provided such person files with
the Borough Council, within 10 days after notice of the Zoning/Code
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 good cause.
B.
After such hearing, the Borough Council shall sustain,
modify or overrule the actions of the Zoning/Code Enforcement Officer
of the Borough.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, plus costs of prosecution, and, in default
of payment of such fine and costs, to undergo imprisonment for a term
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
The remedies provided herein for the enforcement
of this article, 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.
[Adopted 4-18-2006 by Ord. No. 06-03]
A.
Prohibitions. From and after the effective date of
this article, it shall be unlawful for any person, firm or corporation
to allow or permit to remain upon any public or private grounds in
the Borough of Dravosburg any abandoned or junked vehicles and/or
automobiles, which are hereby declared to be public nuisances.
B.
Definitions. Abandoned or junked vehicles shall mean
any vehicle in such a state of disrepair as to be incapable of being
moved under its own power, or in a dismantled condition, or without
a current license plate, or without a current inspection sticker,
which has not been moved or used for more than 48 hours; provided,
however, the term shall not apply to any vehicle bearing a current
license plate and/or current inspection sticker until the Police Department
of the Borough of Dravosburg, or any police department or municipality
contracted by the Borough of Dravosburg to provide police services
or ordinance enforcement services, or Borough designee, has personally
tagged the vehicle with an orange tag and/or has by personal service
or by regular mail given notice to the registered owner of the vehicle
stating that if the vehicle is not removed within 48 hours of the
date of the notice it shall be deemed to be abandoned or junked.
[Amended 10-17-2023 by Ord. No. 2023-04]
C.
Exception. Any vehicle or equipment used or to be
used in construction or the operation or maintenance of public utility
facilities and which is left in a manner which does not interfere
with the normal movement of vehicular traffic shall not be considered
abandoned vehicles for purposes of this article.
A.
Vehicle towing notice on public property. Any vehicle
determined to be abandoned or junked on public property and/or private
property of the Borough of Dravosburg shall be posted with an orange
towing notice indicating that, unless such vehicle is removed within
48 hours of the date of notification, the vehicle shall be towed and
the owner shall be subject to a fine and costs of prosecution. Furthermore,
the Borough of Dravosburg or any police department or municipality
contracted by the Borough of Dravosburg to provide police services
or ordinance enforcement service shall send to the owner or owners
of the abandoned or junked vehicle, by personal service or by certified
or registered mail notice, that the abandoned or junked vehicle has
been towed and that the abandoned or junked vehicle must be claimed
within 30 days of the date of the notice or the vehicle will be disposed
of. Such owner shall be subject to towing, storage and other fines
and costs of prosecution. Such written notice shall be sent to the
owner's or owners' last known post office address.
B.
Vehicle towing notice on private property. Any vehicle
determined to be abandoned or junked on private property shall be
posted with an orange towing notice indicating that, unless such vehicle
is removed within 48 hours of the date of notice, the vehicle shall
be towed and the owner shall be subject to a fine and costs of prosecution.
Furthermore, the Borough of Dravosburg or any police department or
municipality contracted by the Borough of Dravosburg to provide police
services or ordinance enforcement services shall send to the owner
or owners of the abandoned or junked vehicle, by personal service
or by certified or registered mail, notice that the abandoned or junked
vehicle must be removed within 48 hours of the date of the notice.
Such written notice shall be sent to the owner's or owners' last known
post office address.
Abandoned or junked vehicle removal. In the
case of abandoned or junked vehicles on private property in the Borough
of Dravosburg, if the abandoned or junked vehicle is not removed within
48 hours from the posting of the towing notice on the vehicle or the
day of the written notification by the Borough of Dravosburg or any
police department or municipality contracted by the Borough of Dravosburg
to provide police services or ordinance enforcement services, the
Borough of Dravosburg or its designated representative, or any police
department or municipality contracted by the Borough of Dravosburg
to provide police services or ordinance enforcement services, or its
designated representative, shall send a written request to the Borough
salvor, or the salvor of any police department or municipality contracted
by the Borough of Dravosburg to provide police services or ordinance
enforcement services, to take possession and tow the abandoned or
junked vehicle to the salvor's storage facility. The owner of said
abandoned or junked vehicle shall be subject to towing, storage and
other fines and costs of prosecution.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
pay a fine of not more than $300 and, in default of the payment thereof,
undergo imprisonment for a period not exceeding 10 days.
