[Ord. 1989-2, 2/14/1989, § 1]
This Part shall be known and may be cited as the "Burnham Borough
Rubbish and Junk or Abandoned Motor Vehicle Ordinance."
[Ord. 1989-2, 2/14/1989, § 2]
For the purposes of this Part, the following words, terms and
phrases shall have the meaning herein indicated:
A vehicle (other than a pedalcycle) shall be presumed to
be abandoned under any of the following circumstances:
The vehicle is physically inoperable and is left unattended
on a highway, street, alley or other public property for more than
48 hours.
The vehicle has remained illegally on a highway, street, alley
or other public property for a period of more than 48 hours.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more 48 hours.
The Borough of Burnham.
A vehicle shown to be junk under any one or more of the following
circumstances:
A vehicle for which a certificate of junk has been issued by
the Pennsylvania Department of Transportation, or for which a certificate
of junk has been issued by any other appropriate official designated
by the Commonwealth of Pennsylvania or by any other applicable state.
A vehicle where the engine or parts of which have been removed
for more than 15 days.
A vehicle where one or more of the tires have been deflated
or the wheels removed for more than 15 days.
A vehicle where one or more of the windows thereof shall be
cracked, smashed, missing or otherwise broken for more than 15 days.
A vehicle bearing no official inspection sticker, or a sticker
not currently valid, or not bearing a current registration plate or
an ascertainable vehicle identification number.
A vehicle not capable of being moved under its own power.
A vehicle otherwise so derelict, discarded, rusted, disabled,
scrapped, or substantially worthless as a motor vehicle to be deemed
"junk" in the common definition and accepted meaning of the word "junk."
That person who is the actual legal title holder or the agent,
tenant or custodian of the real property on which said rubbish, motor
vehicle or motor vehicles are located or the legal title holder, or
the custodian of the said motor vehicle or motor vehicles.
A natural person, firm, partnership, association, corporation
or other legal entity.
Unless waste or rejected matter, trash, junk, or any discarded
material or article in any form or of any composition including, but
not limited to, scrap metal, scrapped, abandoned or junked motor vehicles
or parts thereof, machinery or parts thereof, equipment or parts thereof,
appliances or parts thereof, cardboard, rags, papers, glass, rubber,
wire, wood or pieces of demolished structures, discarded containers
and discarded furnishings.
A motor vehicle.
[Ord. 1989-2, 2/14/1989, § 3]
Junkyards and salvage yards are permitted in the Borough per Ord. 1967-8, known as the "Burnham Junkyard Ordinance" and Ord. 1973-8, as amended, and known as the "Burnham Borough Zoning Ordinance of 1973" [Chapter 27] but they are not otherwise permitted.
[Ord. 1989-2, 2/14/1989, § 4]
It shall be unlawful and it shall be a violation of this Part
for any person or owner (including a tenant or lessee):
A.
To park, place or leave an abandoned motor vehicle or a junk motor
vehicle on any public street or alley in the Borough for a period
longer than 72 consecutive hours.
B.
To park, place or leave an abandoned motor vehicle or junk motor vehicle on any private or public tract of land within the Borough for a period longer than 30 consecutive days unless such abandoned motor vehicle or junk motor vehicle is stored in an enclosed building and except as the same may be permitted by the Burnham Junkyard Ordinance, referred to aforesaid, and/or the Burnham Borough Zoning Ordinance of 1973 [Chapter 27], as amended, referred to aforesaid, or except as permitted by any amendments or supplements to said ordinances.
C.
To accumulate rubbish upon private or public property except as the same may be permitted by the Burnham Junkyard Ordinance, referred to aforesaid, and/or the Burnham Borough Zoning Ordinance of 1973 [Chapter 27], as amended, referred to aforesaid, or except as permitted by any amendments or supplements to said ordinances.
[Ord. 1989-2, 2/14/1989, § 5]
The Borough Council of the Borough of Burnham deems this Part
to be necessary for the health, safety, general welfare, cleanliness,
beauty and safety of the Borough and its residents. The accumulation
of rubbish and/or the accumulation of abandoned or junked motor vehicles
creates a hazard and danger because such conditions provide a haven
for rodents, the accumulation of rubbish and/or the accumulation of
abandoned or junk motor vehicles creates an attractive nuisance for
children who are not aware of the dangers involved, the accumulation
of rubbish and/or the accumulation of abandoned or junk motor vehicles
creates an unhealthful, unclean and unsafe condition for those residents
of the Borough whose real estate abuts the affected real estate and
who otherwise come into contact with the motor vehicles or the affected
property, and the accumulation of rubbish or junk motor vehicles otherwise
must be prohibited for the health, safety and welfare of the Borough
and its residents.
[Ord. 1989-2, 2/14/1989, § 6]
In order to establish a violation of this Part it must be established
that a nuisance in fact exists.
[Ord. 1989-2, 2/14/1989, § 7]
Written notice of a violation and an order to discontinue said
violation shall be given by certified mail, return receipt requested,
or in person by the Borough or its authorized representatives to any
person who has committed a violation of this Part at least seven calendar
days prior to any action being initiated by the Borough or its representatives
at law or in equity to penalize such violation or to prevent, restrain,
correct, abate or remove said violation. Written notice shall be deemed
given by "certified mail" on the date said notice is posted in the
U.S. Mail, first class, certified mail, return receipt requested,
to the last known address of the said person and not on the date of
receipt thereof by said person. This Section shall not be applicable
where § 109 of this Part is applicable.
[Ord. 1989-2, 2/14/1989, § 8; as amended by Ord.
1995-2, 3/14/1995]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 1989-2, 2/14/1989, § 9]
In addition to the penalties herein provided for violation of
this Part, the Borough shall have the right to remove or cause to
be removed any abandoned or junk motor vehicle found to have been
parked, placed or left on any public highway, street or alley in the
Borough of Burnham for a period longer than 72 consecutive hours,
to remove such motor vehicle to a garage or storage area and to notify
the owner of such motor vehicle in writing, by certified mail, return
receipt requested, or, in person, of the fact of removal and the place
where the motor vehicle is located. Within 10 calendar days after
such notice, the owner shall have the right to redeem such motor vehicle
upon the payment in cash of all costs of removal, storage and other
costs and a handling charge of $20 to the Borough of Burnham. The
owner to be so notified shall be the registered owner of any vehicle
bearing a Pennsylvania motor vehicle registration, which registration
is listed in the current issue of motor vehicle registrations circulated
to police departments. In the case of any vehicle, the owner of which
cannot be located as provided above, a notice shall be published one
time in The Sentinel, Lewistown, Pennsylvania, a newspaper of general
circulation in the Borough of Burnham, giving a general description
of the automobile, truck or other vehicle, stating the location where
it was found, advising that is has been removed by the Borough and
advising where it is located and the procedure to be followed by the
owner in redeeming the same. Any automobile, truck or other vehicle
not redeemed within 10 days after the giving of notice, as provided
herein, may be sold at a public sale after notice of sale has been
given at least five days prior to said sale by at least three handbills
posted in public places in the Borough and advertisement thereof once
in the newspaper of general circulation in the Borough. Proceeds of
sale shall be used to pay for the costs of removal, storage and other
costs and a handling charge of $20 to the Borough of Burnham, and
the balance, if any, shall be held by the Borough for the owner. Written
notice shall be deemed given by certified mail, return receipt requested
on the date said notice is posted in the U.S. mail, first class, certified
mail, return receipt requested, to the last known address of owner,
and not on the date of receipt thereof by owner.
[Ord. 1989-2, 2/14/1989, § 10; as amended by Ord.
1995-2, 3/14/1995]
The Department of Ordinance Enforcement of the Borough shall
keep a record of the following:
[Ord. 1989-2, 2/14/1989, § 11]
The imposition of the penalties herein prescribed shall not
preclude the Borough from instituting appropriate action, in law or
equity, to prevent, restrain, correct or abate the violation and/or
stop any illegal act or conduct.
