Borough of Columbia, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough of Columbia 8-11-1975 by Ord. No. 523 (Ch. 51 of the 1971 Code). Amendments noted where applicable.]
Property maintenance — See Ch. 112.
Health and sanitation — See Ch. 126.
Solid waste — See Ch. 181.
Zoning — See Ch. 220.
For the purposes of this chapter, certain words and terms are defined as follows:
Any personal property which is owned, possessed, collected, accumulated, dismantled or assorted, including but not limited to used or salvaged base metal or metals, their compounds or combination, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter, and motor vehicles, machinery or equipment for the purpose of wrecking or salvaging parts therefrom.
Any place at which junk, as defined in this section, is or may be salvaged for reuse, resale or reduction or similar disposition, and is owned, possessed, collected, accumulated, dismantled or assorted for sale at retail or wholesale.
A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
The Zoning Officer of Columbia Borough.
The Zoning Officer shall keep a registration list of all existing and future junkyards in the Borough. He shall periodically inspect such junkyards for compliance with these regulations and shall inspect each junkyard upon each annual application for a license.
No person shall maintain or operate a junkyard without first having obtained a permit therefor as hereinafter provided.
Application for a permit shall be made to the Zoning Officer and shall contain the name and address of the applicant, the location of the premises where the business is to be carried on and such other information as the Zoning Officer shall require to determine compliance with this chapter. A fee as set from time to time by resolution of the Borough Council shall be charged for each application, which fee shall belong to the Borough regardless of whether the permit is issued.
Every person operating a junkyard shall, on or before January 1 of each year, apply to the Zoning Officer for a license, and the Zoning Officer shall issue such license upon payment of a fee as set from time to time by resolution of the Borough Council, provided that a person commencing business after January 1 shall pay pro rata for the whole year as of the first day of the month such person begins business.
The issuance of a building permit or of an annual license may be revoked by the Zoning Officer for failure to comply with this chapter, subject to the applicant's right of appeal under § 138-5.
Persons owning, leasing, having control of or operating junkyards existing on the effective date of this chapter shall not be required to make application for a building permit for the operation thereof, but shall be required to register such junkyard with the Zoning Officer, and shall otherwise comply with the provisions of this chapter, but no such existing junkyard shall be enlarged except upon strict compliance with the provisions of this chapter.
Whenever the Zoning Officer refuses to grant a permit or revokes a permit or a license, the applicant may appeal to the Zoning Hearing Board within 30 days from the date of notice of the decision.
The appeal shall be in the form of a verified petition, filed in triplicate, which shall set forth a concise statement of the relevant facts, the decision appealed from and the basis of the appeal.
The Board shall forthwith transmit to the Borough Solicitor and to the Zoning Officer, who shall be deemed to be a party to the appeal, a copy of the petition and shall set a date for a hearing and give notice thereof to the parties, which hearing shall be not less than 10 nor more than 30 days after the date of filing the petition. The Board may grant continuances upon cause shown. Any party in interest may, prior to the hearing, file such answer to the petition as he deems desirable.
At the hearing the Board shall hear testimony, receive evidence and hear argument on the merits of the appeal. If any party requests that a record be made of the hearing, the Board shall employ a stenographer at the expense of the party requesting the record. Any other party may secure a copy of the record by making timely request and by paying a pro rata share of the cost.
The Board shall render its decision in writing, and give notice thereof to the parties.
This section shall not be construed to limit or deny any judicial remedies to which a party may be entitled by law or equity, but a person having an appeal available under this section shall first avail himself of the appeal.
In granting a building permit for the location and use of premises or land for a junkyard, the Zoning Officer shall require the following:[1]
No junk shall be loaded, unloaded or placed outside the enclosure fence, temporarily or permanently, either on the property or in the public right-of-way.
Every junkyard shall be conducted so as not to create a nuisance by reason of noise or disagreeable odors or fumes or so as to attract rats or vermin. The loading or unloading of junk and the use of breakup hammers shall be carried on only during the hours of 7:00 a.m. to 6:00 p.m., as so determined by the prevailing time designation.
All junkyards shall be maintained in a clean, sanitary and neat condition. The accumulation of anything not defined as junk, including but not limited to foodstuff, animal matter and similar materials, shall not be permitted.
The owner of any junkyard in the Borough shall keep or shall require the operator thereof to keep an up-to-date list of all acquisitions of junk, including the names and addresses of all persons from whom acquired, together with a description of such junk which will permit reidentification thereof. Such list shall date back at least one year at all times and shall be kept available to police officers of the Borough and all other authorized police officers during all hours of business. This provision shall be in addition to any statutory requirement.
Editor's Note: Former § 51-6A and B, regarding the area and conduct of junkyards, as amended, which immediately followed, were repealed 12-16-2003 by Ord. No. 726.
In addition to any sanction or remedy provided for in this chapter, any person violating any provision of this chapter shall, upon conviction thereof, be fined not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment for a term not exceeding 30 days. A separate offense shall be deemed to be committed on each day during or on which a violation shall continue.