[HISTORY: Adopted by the Board of Supervisors
of the Township of Chartiers 9-28-1966 by Ord. No. 46. Amendments noted where
applicable.]
A.Â
DWELLING
JUNKYARD
PERSON
Unless otherwise expressly stated, the following words
for the purpose of this chapter shall have the meaning herein indicated:
A building designed and used for the living quarters for
one or more families.
Includes a lot, land or structure, or part thereof, used
primarily for the collecting, storage and sale of wastepaper, rags,
scrap metal or discarded material or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
Includes a corporation, partnership, unincorporated association
as well as an individual.
B.Â
The singular includes the plural.
It shall be unlawful for any person to establish,
maintain, conduct or allow any junkyard either on public or private
property within the limits of the Township of Chartiers, Washington
County, Pennsylvania, without a license from the Township of Chartiers.
The establishment, maintenance or conducting
of any junkyard within the limits of the Township of Chartiers without
a license from the Township of Chartiers is hereby declared to be
a public nuisance and liable to be abated as provided by law.
A.Â
Any person presently owning, operating, maintaining,
conducting or permitting any junkyard shall, within 30 days from the
effective date of this chapter, apply to the Township Building Inspector,
on an application form to be supplied by the Township, for a license
to conduct a junkyard and shall accompany his application with a filing
fee in an amount established by resolution of the Board of Supervisors.
Any person hereafter desiring or intending to establish any such junkyard
shall, before establishing the same, likewise make application to
the Township Building Inspector and pay a filing fee established by
resolution of the Board of Supervisors.[1]
B.Â
The application shall include the following information:
(1)Â
The name and address of all persons having an interest
in the junkyard.
(2)Â
A description of the premises.
(3)Â
A description of the existing or proposed buildings
on the premises.
(4)Â
A description of existing or proposed fences on the
premises.
(5)Â
The distance by straight line of the nearest portion
of the premises to the nearest dwelling house.
(6)Â
An estimate of the amount of wastepaper, rags, scrap
metal, discarded material, machinery or vehicles to be on the premises
at any one time.
(7)Â
The name and address of the person or persons responsible
for the management of the junkyard.
A.Â
Within 15 days of the receipt of the aforesaid application
and filing fee, the Township Building Inspector shall determine whether
or not such license shall issue and shall not issue such license if:
(1)Â
The use or proposed use of the land, buildings and
structures may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, odor, gas, fuses, noise,
vibration, vermin or similar substance or condition; or
(2)Â
If the premises used or to be used are within 500
feet of the nearest dwelling; or
(3)Â
If the applicant or the use or proposed use by the
applicant of the premises is not in conformity with applicable statutes
of the Commonwealth of Pennsylvania and this chapter or other ordinances
of the Township of Chartiers.
B.Â
The Township Building Inspector shall notify the applicant
in writing within 20 days from the date of the filing of the application
of his determination.
If the application for license is approved by
the Township Building Inspector, he shall issue the license to the
applicant upon receipt from the applicant of a license fee in the
amount established by resolution of the Board of Supervisors. Such
license shall be valid for a period of one year from the date of issuance,
unless revoked for good cause, and the applicant shall annually apply
for a renewal of his license together with the annual license fee
established by resolution of the Board of Supervisors, but the application
for renewal need only contain information as to any changes from the
original application.
At least once in every six-month period, the
Township Building Inspector shall make or cause to be made an inspection
of every licensed junkyard to determine that such junkyard is being
conducted and maintained in conformity with the applicable law and
ordinances. Any licensee found to be in violation of the law shall
be notified in writing of such violation, and if such violation is
not corrected within 15 days, the Township Building Inspector may,
after hearing, revoke any license granted.
Any person violating any provision of this chapter
shall, upon summary conviction before a Magisterial District Judge,
be sentenced to pay a fine of not less than $100 or more than $300,
together with the costs of prosecution, and in default of payment
of said fine and costs he shall be committed to the County Jail for
the County of Washington for a period not exceeding 30 days.