[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner, for the purpose of this Part, when the lessor holds
the lessee responsible for maintenance and repairs.
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 semi-trailers pulled thereby.
Any condition, structure, or improvement which shall constitute
a danger or potential danger to the health, safety, or welfare of
the citizens of the Township.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association,
or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity.
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In this Part, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
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[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
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 Township. 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:
1.
Broken windshields, mirrors or other glass, with sharp edges.
2.
One or more flat or open tires or tubes which could permit vermin
harborage.
3.
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
4.
Any body parts with sharp edges, including holes resulting from rust.
5.
Missing tires resulting in unsafe suspension of the motor vehicle.
6.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
7.
Broken headlamps or taillamps with sharp edges.
8.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
9.
Protruding sharp objects from the chassis.
10.
Broken vehicle frame suspended from the ground in an unstable manner.
11.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
12.
Exposed battery containing acid.
13.
Inoperable locking mechanism for doors or trunk.
14.
Open or damaged floorboards, including trunk and firewall.
15.
Damaged bumpers pulled away from the perimeter of the vehicle.
16.
Broken grill with protruding edges.
17.
Loose or damaged metal trim and clips.
18.
Broken communication equipment antennae.
19.
Suspended on unstable supports.
20.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Township.
[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
1.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 10-202 above may store such vehicle(s) in the Township 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 Township in an amount as established, from time to time, by resolution of the Board of Commissioners. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within a opaque fence at least six feet high which is locked at all times when unattended.
2.
With the special approval of the Board of Commissioners, 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 while being stored. The total area of storage
of motor vehicle nuisances may not exceed 60 square feet.
3.
Nothing herein shall be construed to permit the storage of motor
vehicle nuisances contrary to the provisions of the Township Zoning
Ordinance.
[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
1.
The Zoning Officer is hereby empowered to inspect private property
on which motor vehicles are stored to determine if there is compliance
with the provisions of this Part. If noncompliance with the provisions
of this Part 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 be unknown, by posting the notice conspicuously
upon the offending premises.
2.
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 10 days of mailing or posting of said notice
and, thereafter, to fully comply with the requirements of the notice
within a reasonable time.
[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
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 Township shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs. The Township, 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.
[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
1.
Any person aggrieved by the decision of the Zoning Officer may request
and shall then be granted a hearing before the Board of Commissioners,
providing he files with the Board of Commissioners, within 10 days
after notice of the Zoning Officer'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 30 days
after the date on which the petition was filed unless postponed for
sufficient cause.
2.
After such hearing, the Board of Commissioners shall sustain, modify
or overrule the action of the Zoning Officer.
[Ord. 330, 7/18/1967; as amended by Ord. 524, 12/31/1991]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 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 Part continues shall constitute a separate offense.
[Ord. 330, 7/18/1967, as amended by Ord. 524, 12/31/1991]
The remedies provided herein for the enforcement of this Part,
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 Board of Commissioners.
