[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna 6-11-2012 by Ord. No. 186. Amendments noted where
applicable.]
No person in charge of or in control of premises, whether as
owner, lessee, tenant, occupant or otherwise, shall allow a motor
vehicle which is unlicensed, not currently inspected, abandoned or
disabled or any large vehicle component, including but not limited
to engines, transmissions, axle housings, frames or bodies, to remain
on such property or upon any public street within the Borough of Mount
Gretna for a period in excess of 15 days, provided that this section
shall not apply with regard to any vehicle or vehicle component completely
contained within an enclosed building. For purposes of this section,
the term "enclosed building" shall mean a roofed and walled structure
built with operable doors for permanent use. Any vehicle or vehicle
component in violation of the provisions of this chapter is hereby
declared a nuisance.
It shall be the duty of the Borough Council to serve or cause
to be served a notice upon any person who is in violation of the provisions
of this chapter and to demand the abatement of the nuisance within
15 days.
If the person so served does not abate the nuisance within 15
days, he shall be guilty of an offense and, upon conviction thereof
before the District Judge, shall be sentenced to pay a fine of not
less than $50 nor more than $600. Enforcement of this chapter may
also be accomplished by any person who, by reason of another's
violation of any provision of this chapter, suffers special damage
to himself different than suffered by other property owners throughout
the Borough generally, by way of an action to enjoin or otherwise
abate an existing violation. Each day's violation shall constitute
a separate offense.
If the person so served does not abate the nuisance within 15 days, the Borough Council may proceed to abate such nuisance, keeping an account of the expense of the abatement including administrative costs and attorney's fees, and such expense of the abatement, and such expense shall be charged and collected from the person in a manner provided by law, either by filing of a municipal lien or claim by the institution of a civil action or by relief in equity. The recovery of such cost and expense may be in addition to the penalty imposed as provided in § 186-3 of this chapter.
The notice required by § 186-2 hereof shall be served personally upon the person in violation of this chapter if such person resides in the Borough of Mount Gretna or upon his/her agent if such agent has a residence or place of business within the Borough. If neither the person in violation of this chapter nor his agent is a resident of the Borough and neither has an office within the Borough, then such notice shall be sent to the person in violation of this chapter by registered mail to his last known address.
