Township of Manheim, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 5-13-1968 by Ord. No. 1968-8 (Part 8, Ch. 2, of the 1976 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 367.
Solid waste — See Ch. 421.
Towing — See Ch. 462.
Vehicles and traffic — See Ch. 480.
The Commissioners of the Township find that the storage or parking of wrecked, junked, stripped or abandoned motor vehicles on private property or the storage, placement or accumulation on private property of junked, wrecked, discarded or abandoned machinery, equipment, household appliances or other debris and waste materials of any kind or description constitutes a nuisance and is detrimental to the public health, safety, morals and welfare, except when such vehicles or other herein-named items are parked or stored in a building, or unless the same be authorized in conjunction with a business properly operated pursuant to the zoning and other laws of the Township.
As used in this chapter, the following terms shall have the meanings indicated:
JUNKED, WRECKED, STRIPPED, ABANDONED and DISCARDED
The items or materials so described are no longer in current usage as evidenced by an apparent relinquishment of all rights thereto through continued disuse.
It shall be unlawful to park, store or leave any motor vehicle of any kind in a wrecked, junked, stripped or abandoned condition on private property, unless in a building, and it shall be unlawful for the owner of such motor vehicle, or the owner or occupant of any property, to allow, permit or suffer the same to be left upon any privately owned property, unless the same be authorized in conjunction with a business properly operated pursuant to the zoning laws and other laws of the Township.
It shall be unlawful to store, place or accumulate on private property any junked, wrecked, discarded or abandoned machinery, equipment, household appliances or other debris and waste materials of any kind or description, unless in a building, and it shall be unlawful for the owner of such items, or the owner or occupant of any property, to allow, permit or suffer the same to be left upon any privately owned property, unless the same be authorized in conjunction with a business properly operated pursuant to the zoning laws and other laws of the Township.
If the Commissioners or any of their authorized agents find that a violation of this chapter exists, they shall notify the owner of the property on which the violation exists or the owner of the motor vehicle or other discarded or abandoned item, or both, of the violation and order the owner of the motor vehicle or vehicles or other items, within 10 days thereof, and the owner of the property on which the motor vehicle or vehicles or other items are stored or parked, within 10 days thereof, to remove the motor vehicle or vehicles or other items.
Notice shall be given by personal service or by certified mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or the owner of the motor vehicle or other items cannot be ascertained, the posting of the notice or copies thereof on the real property, motor vehicle or other items, structure or area immediately adjacent thereto shall constitute sufficient notice.
Within 10 days after notice, the party or parties affected may request a hearing with the Commissioners by filing a written request with the Manager-Secretary. The Commissioners, after the hearing, shall affirm, withdraw or modify the notice.
If a hearing is not requested, then the parties affected shall proceed to remove or have removed the motor vehicle or vehicles or other items from the property in question in accordance with the notice and order.
On proper request, a hearing on the matter shall be given forthwith, and, where more than one party is involved, it shall be the duty of the party requesting the hearing to notify the Manager-Secretary of the names and addresses of all other parties affected or interested.
If the violation complained of shall not have been remedied within the period as required by the order, the Township shall, through its own agents, contractors and/or employees, remedy the violations and charge the costs thereof to the real property owner on whose property the vehicles or other items are located. The cost shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien on the realty at such time as it shall thereafter be filed by the Solicitor.
[Amended 12-12-1994 by Ord. No. 1994-28]
Any person who violates any provision of this chapter shall, for every such violation, be subject to a fine or penalty of not less than $25 nor more than $600, and costs, and, in default of payment of fine or penalty and costs, to imprisonment for not more than 30 days, provided each day's failure to comply with an order of the Board of Commissioners issued by authority of this chapter shall constitute a separate violation.