[HISTORY: Adopted by the Borough Council
of the Borough of Mars 4-9-1990 by Ord. No. 357. Amendments noted where
applicable.]
A.
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
- LESSEE
- Owner, for the purpose of this chapter, when the lessor holds the lessee responsible for maintenance and repairs.
- MOTOR VEHICLE
- 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 threat or potential threat to the health, safety or welfare of the citizens of the Borough of Mars.
- OWNER
- The actual owner, agent or custodian of the property on which motor vehicles are stored, whether an individual or partnership, association or corporation.
- PERSON
- A natural person, firm, partnership, association, corporation or other legal entity.
- PUBLIC GROUNDS
- All streets, ways, alleys, municipally operated parking lots or other public property within the Borough of Mars.
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 or upon any public grounds
within the Borough of Mars. 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 vehicles.
F.
Upholstery which is torn or open which could permit
animal and/or vermin harborage.
G.
Broken headlamps or taillamps 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 floorboards, including trunk and fire
wall.
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 communications equipment antennae.
S.
Outdated inspection sticker.
T.
Such other defects which could threaten the health,
safety and welfare of the citizens of the Borough of Mars.
A.
Any person, owner or lessee who has one or more motor
vehicle nuisances as defined in § 256-2 above may store
such vehicle(s) in the Borough of Mars 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 Mars such as may be provided from
time to time by resolution of the Borough Council. The motor vehicle
nuisance(s) must be stored within a garage or other enclosed building
or outside within an opaque fence, at least six feet high, which is
locked at all times when unattended. With the special approval of
the Borough Council, 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 when
being stored. The total area of storage of motor vehicle nuisances
may not exceed 2,000 square feet.
A.
If there is noncompliance with the provisions of this
chapter, or if any condition, structure or improvement poses a threat
to the health, safety or welfare of the public, an inspector shall
issue a written notice to be served by registered or certified mail
upon the owner of said premises or motor vehicle nuisance or, if the
owner's whereabouts or identity be unknown, by posting the notice
conspicuously upon the offending premises or motor vehicle.[1]
B.
Said notice shall specify the condition, structure
or improvement complained of and shall require the owner to commence
to remove or otherwise rectify the condition, 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 such motor
vehicles are stored, or the owner of such motor vehicles if on public
grounds, does not comply with the notice to abate the condition within
the time limit prescribed, the Borough of Mars shall have the authority
to take measures to correct the condition and collect the cost of
such correction, plus 10% of all costs. These measures may include
the removal and storage of such motor vehicle nuisances for a period
not to exceed 30 days, and if, after due notice to the owner thereof
or, if owner cannot be found, the posting of the premises from which
the motor vehicle nuisance was removed, the same are not redeemed,
then such nuisance shall be discarded or sold to a salvage business.
Any funds received upon the salvage shall be paid to the general fund
of the Borough and credited towards the costs of correction hereunder.
The Borough of Mars, 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.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be punishable for each
offense by a maximum fine of $300 or by imprisonment for not more
than 90 days. Each day that a violation of this chapter continues
shall 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 Borough Council of Mars.
