Borough of Baden, PA Vehicles, Nuisance

Any person who leases the subject property from the owner and has possession of the property upon which motor vehicles are stored. Any such lessee shall also be defined to be the owner for the purpose of this chapter.

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 and/or semi-trailers pulled thereby.

NUISANCE

Any condition upon any real property, structure or improvement which shall constitute a danger or potential danger to the health, safety or welfare of the citizens of the Borough of Baden.

OWNER

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

PERSON

Any natural person, firm, partnership, association, corporation or any 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 neuter.

§ 178-2 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 Baden. A "motor vehicle nuisance" shall include any motor vehicle which has any of the following defects and/or is characterized by the following conditions:

Broken windshields, mirrors or other glass, with sharp edges;

One 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 taillamps with sharp edges;

Disassembled chassis parts apart from the motor vehicle stored in a disorderly fashion or loose in or around 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 or doors or trunk;

Open or damaged floorboards, including trunk and firewall;

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 antennas;

Suspended on unstable supports;

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

§ 178-3 Storage of motor vehicle nuisances; permit; fees.

Any person, owner or lessee who has one or more motor vehicle nuisances, as defined in § 178-2 above, may store such vehicle(s) in the Borough of Baden 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 of $50 to the Borough of Baden pursuant to a resolution of the Borough Council. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building unless otherwise stored in compliance with the terms of this section.

Up to two motor vehicle nuisances may 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, or within an opaque fence at least six feet high, 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.

Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of the Zoning Ordinance of the Borough of Baden.[1]

[1]

Editor's Note: See Ch. 193, Zoning.

§ 178-4 Inspection of premises; notice to comply.

The police officers of the Borough of Baden 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 or she shall issue a written notice to be served by registered or certified mail upon the person, owner and/or lessee, if applicable, of said premises, or if the person's, owner's or lessee's whereabouts or identity is 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 person, owner and/or lessee to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within 10 days of the mailing or posting of said notice, and thereafter to fully comply with the requirements of the notice within 30 days thereof, unless a longer period is granted by the Borough Council of the Borough of Baden.

The notice herein required shall contain the name of the person who is creating and/or maintaining the nuisance, the identification or location of the offending property, the nature of the offending property, the nature of the unlawful condition hereunder, and whether it is the determination of the Borough that the same be repaired, removed or otherwise abated.

Service of the notice herein required upon the person who is creating and/or maintaining such nuisance may be accomplished by:

(1)

Handing of same to him/her personally by an adult;

(2)

Handing of same to an adult member of his/her family with which he/she resides, or an adult employee in charge of the office or place of business;

(3)

Certified mail delivered to the addressee only; or

(4)

Conspicuous posting of same on the offending property if the whereabouts of the person who is creating and/or maintaining such public nuisance is unknown or the person who is creating and/or maintaining such public nuisance is evading service of the notice.

§ 178-5 Authority to remedy noncompliance.

If the person creating and/or maintaining the nuisance and/or 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, or to file an appeal as herein provided, the Borough of Baden shall have the authority to take measures to correct the conditions, remove or abate such conditions, and collect the cost of such corrections, removal or abatement, plus 10% of all costs. The Borough of Baden, 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.

§ 178-6 Hearings.

Any person aggrieved by the decision of the police officers may request and shall then be granted a hearing before the Borough Council, provided that the person files with the Borough of Baden, within 10 days after notice of the police officer's decision, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. The hearing shall commence not later than 30 days after the date on which the petition was filed, unless postponed for sufficient cause.

After such hearing, the Borough Council shall sustain, modify or overrule the action of the police officer.

§ 178-7 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, 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 undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.

§ 178-8 Additional remedies.

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 of Baden. Furthermore, in the exercise of the powers herein conferred, the Borough may institute proceedings in a court of equity.

§ 178-9 Severability.

If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Borough of Baden that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.