Borough of Burnham, PA
Mifflin County
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Table of Contents
Table of Contents
[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:
ABANDONED MOTOR VEHICLE
A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances:
A. 
The vehicle is physically inoperable and is left unattended on a highway, street, alley or other public property for more than 48 hours.
B. 
The vehicle has remained illegally on a highway, street, alley or other public property for a period of more than 48 hours.
C. 
The vehicle is left unattended on or along a highway, street, alley or other public property for more than 48 hours and does not bear all of the following:
(1) 
A valid registration place.
(2) 
A certificate of inspection.
(3) 
An ascertainable vehicle identification number.
D. 
The vehicle has remained on private property without the consent of the owner or person in control of the property for more 48 hours.
BOROUGH
The Borough of Burnham.
JUNK MOTOR VEHICLE
A vehicle shown to be junk under any one or more of the following circumstances:
A. 
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.
B. 
A vehicle where the engine or parts of which have been removed for more than 15 days.
C. 
A vehicle where one or more of the tires have been deflated or the wheels removed for more than 15 days.
D. 
A vehicle where one or more of the windows thereof shall be cracked, smashed, missing or otherwise broken for more than 15 days.
E. 
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.
F. 
A vehicle not capable of being moved under its own power.
G. 
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."
OWNER
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.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
RUBBISH
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.
VEHICLE
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:
A. 
The names and addresses of all violators of this Part.
B. 
The nature and circumstances of such violation.
C. 
The final disposition of the case.
[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.