[HISTORY: Adopted by the Borough Council
of the Borough of Milton 12-12-1967 as Ord. No. 550. Amendments noted where
applicable.]
The Council of the Borough of Milton, Pennsylvania,
finds that the storage and parking of wrecked, junked, stripped or
abandoned motor vehicles on private property, except when such vehicles
are parked or stored in a building, constitutes a nuisance and is
detrimental to the public health, safety, morals and welfare.
[Amended 9-18-1985 by Ord. No. 924]
It shall be unlawful to park, store or leave
any motor vehicle of any kind in an abandoned condition as hereinafter
defined on public or private property, unless in an enclosed building,
and it shall be unlawful for the owner of such a motor vehicle or
the owner or occupant of any property to allow, permit or suffer the
same to be left upon any publicly or privately owned property, unless
the same is authorized in conjunction with a business property operated
pursuant to the zoning laws and other laws of the Borough of Milton.
[Added 9-18-1985 by Ord. No. 924]
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle, except a pedalcycle, which has
been left for 48 hours on public or private property and which vehicle
is incapable of being safely operated on a roadway, other than requiring
minor repairs, such as a flat tire.
Any vehicle on public or private property which
by its condition presents a health or safety hazard to the community,
including but not limited to a vehicle which is being used for any
purpose for which it was not intended or is in such condition that
it draws rodents, birds or other animals for nesting or hiding or
is being used for storage or as a trash container or is being used
to house animals or people.
Any vehicle which is left unattended for 48
hours on public property or public roadways or on private property
without the owner's or occupant's consent.
Any vehicle which is being stripped or shows
signs of being stripped and/or is being used for parts.
[Amended 2-19-1974 by Ord. No. 663]
If the Borough Manager or any of his authorized
agents find that a violation of this chapter exists, the Borough Manager
shall notify the owner of the property on which the motor vehicle
is stored or parked or the owner of the motor vehicle, or both, of
the violation and order the owner of said motor vehicle or vehicles
within five days thereof and the owner of the property on which the
motor vehicle or vehicles is stored or parked within 10 days thereof
to remove the motor vehicle or vehicles.
Notice shall be given by personal service or
by registered mail to the last known address of the violator. In the
event that on diligent search the address of either the property owner
or motor vehicle owner cannot be ascertained, the posting of said
notice or copies thereof on the real property, motor vehicle, structure
or area immediately adjacent thereto shall constitute sufficient notice.
Within five days after notice, the party or
parties affected may request a hearing with the Borough Council by
filing a written request with the Borough Manager. The owner of the
motor vehicle shall, with the request, file a fee of $15. If a majority
of the Borough Council present at said hearing affirms the order of
the Borough Manager, then said owner shall be subject to any or all
of the penalties herein set forth and the owner of said motor vehicles
or vehicle shall within five days after said hearing and the owner
of the property on which the motor vehicle or vehicles is stored or
parked shall within 45 days after said hearing remove the motor vehicle
or vehicles. If a majority of the Borough Council present at said
hearing overrules the order of the Borough Manager, then the owner
shall not be subject to the penalties of this chapter.
On proper request, a hearing on the matter shall
be given forthwith, and where more than one party is involved, it
shall be the duty of the party requesting said hearing to notify all
other parties affected or interested of the time and place of the
hearing.
If a hearing is not requested, then the parties
affected shall proceed to remove or have removed the motor vehicle
or vehicles in question from the property in question in accordance
with the notice nd order.
If the violation complained of shall not have
been remedied within the period as required by the order, the Borough
of Milton shall, through its own agents, contractors and or employees,
remedy the violations and charge the costs thereof to the real property
owner on whose property the vehicles are located. Said cost shall,
after a proper demand and refusal or a failure to pay after 30 days,
constitute a lien in said realty, which shall be filed by the Borough
Solicitor.
Nothing in this chapter shall prevent the Borough
Manager or duly authorized officials, from removing from private property
without notice, any attended or unattended motor vehicle, the presence
of which constitutes a hazard or threat to the life, health, safety,
welfare and morals of the citizens of Milton which is imminently dangerous
and in the opinion of said Borough Manager or authorized officials,
constitutes a nuisance which gives rise to the existence of emergency
conditions.
Any person who shall violate any section of
this chapter shall, upon conviction before any District Justice, pay
a fine of not more than $600, plus costs of prosecution, and in default
of payment of such fine and costs, be imprisoned for a period of not
exceeding 30 days. Each day's failure to comply with the order of
the Borough Manager shall constitute a separate offense for each vehicle
in violation thereof.
