Borough of Mount Oliver, PA Vehicle Nuisances

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 semitrailers pulled thereby.

NUISANCE

Any condition, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the Borough of Mount Oliver.

OWNER

The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.

PERSON

A natural person, firm, partnership, association, corporation or other legal entity.

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.

§ 245-2 Motor vehicle nuisances prohibited.

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 Borough of Mount Oliver. 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:

Broken windshields, mirrors or other glass with sharp edges.

One (1) or more flat or open tires or tubes which could permit vermin harborage.

Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.

Any body parts with sharp edges, including holes resulting from rust.

Missing tires resulting in unsafe suspension of the motor vehicle.

Upholstery which is torn or open which could permit animal and/or vermin harborage.

Broken headlamps or tail lamps with sharp edges.

Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or on the vehicle.

Protruding sharp objects from the chassis.

Broken vehicle frame suspended from the ground in an unstable manner.

Leaking or damaged oil pan or gas tank which could cause fire or explosion.

Exposed battery containing acid.

Inoperable locking mechanism for doors or trunk.

Open or damaged floorboards, including trunk and fire wall.

Damaged bumpers pulled away from the perimeter of the vehicle.

Broken grill with protruding edges.

Loose or damaged metal trim and clips.

Broken communication equipment antennae.

Suspended on unstable supports.

Must have the registration plate that is assigned to that vehicle affixed in the proper place, with a valid and current registration sticker placed thereon.

[Added 11-17-2003 by Ord. No. 876[1]]

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsection T as Subsection V.

Must display current inspection and emission sticker as required by the Commonwealth of Pennsylvania in their proper locations.

[Added 11-17-2003 by Ord. No. 876]

Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Mount Oliver.

§ 245-3 Permit for storage of motor vehicle nuisances; conditions.

Any person, owner or lessee who has one (1) or more motor vehicle nuisances as defined in § 245-2 above may store such vehicle(s) in the Borough of Mount Oliver 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 Borough of Mount Oliver pursuant to a resolution of the Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least four (4) feet high which is locked at all times when unattended.

With the special approval of the Council, motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence at least four (4) 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 two hundred (200) square feet.

Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 260, Zoning.

§ 245-4 Inspection of premises; notice to comply.

The Building Inspector, Zoning and Code Enforcement Officer and/or members of the Borough Police Department are hereby empowered to inspect private property 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 shall be unknown, by posting the notice conspicuously upon the offending premises.

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 ten (10) days of mailing or posting of said notice, and thereafter, to fully comply with the requirements of the notice within a reasonable time.

§ 245-5 Authority to remedy noncompliance.

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 Borough of Mount Oliver shall have the authority to take measures to correct the conditions and collect the cost of such corrections, plus ten percent (10%) of all costs. The Borough of Mount Oliver, 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.

§ 245-6 Hearing.

Any person aggrieved by the decision of the Building Inspector, Zoning and Code Enforcement Officer or member of the Borough Police Department may request and shall then be granted a hearing before the Zoning Hearing Board of the Borough of Mount Oliver, provided that he files with the Zoning Hearing Board of the Borough of Mount Oliver within ten (10) days after notice of the Building Inspector, Zoning and Code Enforcement Officer or member of the Borough Police Department'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 forty-five (45) days after the date on which the petition was filed unless postponed for sufficient cause.

After such hearing, the Zoning Hearing Board shall sustain, modify or overrule the action of the Building Inspector, Zoning and Code Enforcement Officer or member of the Borough Police Department.

§ 245-7 Violations and penalties. [1]

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not more than one thousand dollars ($1,000.), and in default of payment, to undergo imprisonment for a term not to exceed thirty (30) days. Each day that a violation of this chapter continues shall constitute a separate offense.

[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 245-8 Remedies not mutually exclusive.

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 Council.