[HISTORY: Adopted by the Borough of Columbia 8-11-1975 by Ord. No.
523 (Ch. 51 of the 1971 Code). Amendments noted
where applicable.]
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.
A.
No person shall maintain or operate a junkyard without
first having obtained a permit therefor as hereinafter provided.
B.
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.
C.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The Board shall render its decision in writing, and
give notice thereof to the parties.
F.
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]
A.
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.
B.
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.
C.
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.
D.
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.
[1]
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.
