[HISTORY: Adopted by the City Council of the City of Altoona 8-14-1981 by Ord. No.
4839. Amendments noted where applicable.]
A.
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any type of mechanical device propelled by a motor, in which
persons or property may be transported on or off public streets or
highways, and including trailers or semitrailers pulled thereby, and
including parts thereof.
Any condition, structure, or improvement which shall constitute
a threat to the health, safety, or welfare of the citizens of the
City of Altoona.
The actual owner, agent, lessee, or custodian of the property
on which motor vehicles are stored, whether individual or partnership,
association or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
A.
No more than one currently unregistered and/or uninspected motor
vehicle shall be parked on any property in a residential district,
and at no time shall said vehicle be in any state of major disassembly,
disrepair or shall it be in the process of being stripped or dismantled.
At no time shall any vehicle of any type undergo major overhaul, including
bodywork, in a residential district.
B.
No more than two currently unregistered and/or uninspected motor
vehicles shall be permitted on any property in any business, commercial
or industrial zone, and at no time shall said vehicle be in a state
of major disassembly or disrepair or shall it be in the process of
being stripped or dismantled. At no time shall any vehicle of any
type undergo major overhaul, including bodywork, in a business, commercial
or industrial zone, except at an approved automobile establishment.
C.
It shall be unlawful for any owner to maintain a motor vehicle nuisance
upon the open private grounds of such owner or lessee within the City
of Altoona. A motor vehicle nuisance shall include any motor vehicle
which is unable to move under its own power and/or has any of the
following physical defects:
(1)
Broken windshields, mirrors or other glass, with sharp edges.
(2)
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
(3)
Any body parts with sharp edges, including holes resulting from rust.
(4)
Missing tires resulting in unsafe suspension of the motor vehicle
as on a jack or blocking.
(5)
Broken headlamps or taillamps with sharp edges.
(6)
Protruding sharp objects from the chassis.
(7)
Broken vehicle frame and/or motor suspended from the ground in an
unstable manner.
(8)
Leaking or damaged oil pan or gas tank which could cause fire of
explosion.
(9)
Exposed battery containing acid.
(10)
Inoperable locking mechanism for doors or trunk.
(11)
Open or damaged floorboards including trunk and firewall.
(12)
Damaged bumpers pulled away from the perimeter of vehicle.
(13)
Broken grill with protruding edges.
(14)
Loose or damaged metal trim and clips.
(15)
Open trunk lids and open engine hood.
(16)
Unlocked doors or open windows which can allow children to enter
the vehicle and then lock themselves inside.
D.
It shall be unlawful for any owner of a motor vehicle to place such
vehicle(s) upon any open private grounds not his or her own as to
constitute a motor vehicle nuisance as described in this chapter.
This chapter shall not apply with regard to any vehicle in an
enclosed building or area deemed not to be a health or safety hazard
by the enforcement personnel outlined below, and/or a vehicle on the
premises of a business enterprise operated in a lawful place and manner
which is necessary to the operation of such business enterprise, and/or
a vehicle in an appropriately secured storage place or depository
maintained in a lawfully zoned place and manner so as not to endanger
the health and safety of or constitute a nuisance as described in
this chapter to the citizens of the City of Altoona.
A.
The City of Altoona Code Enforcement Department is hereby charged
with the duty of enforcing the regulations of this chapter. Furthermore,
the City of Altoona Code Enforcement Department is hereby empowered
to inspect grounds on which motor vehicles are parked to determine
if there is compliance with the provisions of this chapter. If noncompliance
with the provisions of this chapter constitutes a nuisance, or if
any condition, structure, or improvement poses a threat to the health,
safety, or welfare of the public, the City of Altoona Code Enforcement
Department shall issue a written notice to be served by personal service
or by registered or certified mail upon the owner or lessee of said
premises, or if the owner's whereabouts or identity be unknown,
by posting the notice conspicuously upon the offending premises.[1]
B.
All owners or lessees shall take corrective action within 15 days
of receiving written notice or posting. Said notice shall specifically
state the cause of the violation and the action necessary to correct
the violation.
Any person who shall violate any of the provisions of this chapter
shall, for every such violation, upon conviction thereof, be sentenced
to pay a fine of not less than $100 nor more than $1,000 and costs
of prosecution or to undergo imprisonment of not more than 90 days,
or both. Upon conviction, the person(s) must abate the stated violation
within seven days. If such abatement is completed, the fine will be
reduced by 50%. If the violation is not abated within the seven-day
period to the satisfaction of the City of Altoona Code Enforcement
Department, the person(s) shall be required to pay the full amount
of said fine. Each day's continued violation of any of the provisions
of this chapter constitutes a separate offense.
