[HISTORY: Adopted by the Board of Supervisors of Manor Township 2-19-1985 by Ord. No.
1-85 (Ch. 10, Part 3, of the 1985 Code of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 405.
A.
LESSEE
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:
Owner for the purpose of this chapter when the lessor holds
the lessee responsible for maintenance and repairs.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public street or highways,
and including trailers or semitrailers pulled thereby.
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of Manor Township.
The actual owner, agent 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.
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance upon the open private grounds of such person,
owner or lessee within Manor Township. A motor vehicle nuisance shall
include any motor vehicle which is unable to move under its own power
and has any of the following physical defects:
A.
Broken windshields, mirrors or other glass, with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
D.
Any body parts with sharp edges including holes resulting from rust.
E.
Missing tires resulting in unsafe suspension of the motor vehicle.
F.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G.
Broken headlamps or tail lamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an unstable manner.
K.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floor boards including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennas.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of Manor Township.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 411-2 above may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. Such person, owner or lessee must, first, apply for a permit for either temporary or permanent storage and pay a fee to the Township such as may be provided from time to time by resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or, outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored. The total area of storage of motor vehicle nuisances may not exceed 100 square feet.
A.
The Zoning Officer is hereby empowered to inspect grounds on which
motor vehicles are stored 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, he shall issue a written notice to be served by registered
or certified mail upon the owner of said premises, or, if the owner's
whereabouts or identity be unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition or structure or improvement
complained of, and shall require the owner to commence to remove or
otherwise rectify the condition or structure or improvement as set
forth therein within 10 days of mailing or posting of said notice,
and thereafter, to fully comply with the requirements of the notice
within a reasonable time.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the conditions, within the time
limit prescribed, the Township shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs. The Township, in such event and pursuant to
its statutory or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing.
A.
Any person aggrieved by the decision of the Zoning Officer may request
and shall then be granted a hearing before the Board of Supervisors;
provided, he files with the Board of Supervisors within 10 days after
notice of the Zoning Officer's decision, a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor.
The hearing shall commence not later than 30 days after the date on
which the petition was filed unless postponed for sufficient cause.
B.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Zoning Officer.
[Amended 9-6-1988 by Ord. No. 5-88[1]]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The remedies provided herein for the enforcement of this chapter,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.
