[Ord. 1-93, 1/6/1993]
1.Â
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this Part 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 streets or highways,
and including trailers or semi-trailers pulled thereby.
Any condition, structure, or improvement which shall constitute
a danger or potential danger to the health, safety, or welfare of
the citizens of the Township of Lower Oxford.
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.
2.Â
In this Part, the singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 1-93, 1/6/1993]
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 the Township of Lower Oxford. A motor vehicle
nuisance shall include any motor vehicle which is not registered and/or
inspected and/or is unable to move under its own power.
[Ord. 1-93, 1/6/1993]
1.Â
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 10-102 above may store such vehicle(s) in the Township only in strict compliance with the regulations provided herein. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building.
[Ord. 1-93, 1/6/1993]
1.Â
The Code Enforcement Officer is hereby empowered to inspect private
property on which motor vehicles are stored to determine if there
is compliance with the provisions of this Part. If noncompliance with
the provisions of this Part 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.
2.Â
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.
[Ord. 1-93, 1/6/1993]
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the nuisance, within the time
limit prescribed, the Township of Lower Oxford 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.
[Ord. 1-93, 1/6/1993; as amended by Ord. 2-98, 3/11/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1-93, 1/6/1993]
The remedies provided herein for the enforcement of this Part,
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.