[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-16-1999 by Ord. No. 97 (Ch. 10, Part 1, of the
1999 Code of Ordinances)]
[Amended 2-21-2006]
A.
ABANDONED OR JUNKED MOTOR VEHICLE
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BOARD
JUNK MATERIAL
LAW ENFORCEMENT OFFICER
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
TOWNSHIP
UNREGISTERED MOTOR VEHICLE
VEGETATION
ZONING OFFICER
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any motor vehicle, or portion of a motor vehicle, which is
not immediately suitable for highway use or which has any physical
defect which renders it hazardous, dangerous or a threat to the health
or safety of the public, including any of the following defects:
Broken glass.
Sharp edges.
Objects protruding from the vehicle.
Missing body parts or other openings which could allow the entry
of children or animals.
Parts stored in a disorderly manner apart from or on the motor
vehicle.
Leaking or damaged oil pan or fuel tank.
Exposed battery.
Inoperable mechanism for doors or trunk.
Blocks or supports which are unstable or unsafe.
Such other condition which, in the opinion of the Zoning Officer,
is a threat to the health or safety of the public.
The Board of Supervisors of the Township of Coolbaugh, Monroe
County, Pennsylvania.
Includes, but is not limited to, unused or abandoned machinery,
equipment or appliances and all forms of waste and refuse of any type
of materials, including scrap metal, glass, industrial waste and other
salvageable materials, unless for resale.
Any person employed by the Commonwealth of Pennsylvania or
the Township whose sworn duty as a law enforcement officer is to preserve
peace, make arrests or enforce the laws of the Commonwealth of Pennsylvania
or the ordinances of the Township.
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repairs.
A motor-driven device in, upon or by which any person or
property is or may be transported or drawn upon a highway.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, inconvenience, annoyance
or discomfort to any person in the legitimate enjoyment of his reasonable
rights of person or property.
The actual owner, agent or custodian of a premises within
the Township, whether individual or partnership, association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
The Township of Coolbaugh, Monroe County, Pennsylvania.
Any substantially intact motor vehicle which is not an "abandoned
or junked motor vehicle," as defined in this chapter, but which does
not have a current registration.
Any grass, weed or vegetation whatsoever, which is not edible
or planted for same reasonable purpose.
The Zoning Officer of the Township of Coolbaugh, Monroe County,
Pennsylvania.
B.
In this article, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
[Amended 2-21-2006]
Nuisances including, but not limited to, the following are hereby
prohibited:
A.
Storing any abandoned or junked motor vehicle, except as permitted by Chapter 400, Zoning, or in accordance with § 268-3 of this article. However, a maximum of two unregistered motor vehicles may be stored outdoors on a property if such vehicles are placed and/or screened so that they are not visible from any public or private road, provided that each vehicle is maintained in such a manner that it would not be considered an abandoned or junked motor vehicle, in which case it must be brought into conformance by appropriate repairs, stored in accordance with § 268-3 of this article, or be removed from the property within the time period specified in § 268-4 of this article.
B.
Storing or accumulating garbage, rubbish or junk material.
C.
Draining or flowing or allowing to drain or flow, by pipe or other
channel, whether natural or artificial, any foul or offensive water
or drainage from sinks, bathtubs, washstands, lavatories, water closets,
swimming pools or privies or cesspools of any kind or nature whatsoever,
or any foul or offensive water or drainage of any kind from property
along any public highway, road, street, avenue, lane or alley, or
from any property into or upon any adjoining property.
D.
Burning of tires, tar products or any other material that produces
noxious or offensive smoke, fumes or odor.
E.
Permitting the unreasonable and uncontrolled growth of any grass,
weeds, noxious weeds or other vegetation.
F.
Permitting any well or cistern to be or remain uncovered.
G.
Pushing, shoveling or otherwise depositing snow or ice upon the cartway
or traveled portion of any public highway, road or street which is
maintained by the Township or by the Commonwealth of Pennsylvania,
and allowing the same to remain thereon.
H.
Permitting any dog to run at large, out of the control of its owner,
on any public highway, road, street, avenue, lane or alley, or upon
the property of another person, without the express permission of
such person.
I.
Permitting any dog to bark and/or howl continuously at any time between
the hours of 11:00 p.m. and 7:00 a.m., thereby causing inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his rights of person or property.
J.
Allowing, permitting or engaging in any activity or condition which
constitutes a threat or potential threat to the health, safety or
welfare of any person in the Township.
A.
Any person, owner or lessee who has one or more abandoned or junked
motor vehicles 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 on such form as provided by resolution of the Board. Such
person, owner or lessee must also pay a fee to the Township such as
may be provided from time to time by resolution of the Board. Such
permit must be renewed annually for a fee such as may be provided
from time to time by resolution of the Board. The Zoning Officer,
to ensure compliance with the provisions of this article, must conduct
a thorough inspection of the vehicle(s) and the premises on which
such vehicle(s) are to be stored prior to issuance of any permit or
renewal permit as provided under this article.
B.
The abandoned or junked motor vehicle(s) must be stored within a
garage or other enclosed building, or outside within an opaque fence
no less than six feet high which is securely locked at all times when
unattended. Such enclosure must have an unobstructed gate capable
of admitting fire or emergency personnel and/or equipment. In addition,
all gas and oil and/or other flammable or environmentally hazardous
liquids shall be removed from the vehicle(s) and the vehicle(s) shall
be kept free of vermin infestation while being stored. The total area
of storage may not exceed 400 square feet.
A.
The Zoning Officer or, in the absence of the Zoning Officer, a law
enforcement officer, upon observation or receipt of notice of a possible
violation of this article, is hereby empowered to inspect grounds
on which the possible violation is occurring to determine if there
is compliance with the provisions of this article. If noncompliance
with the provisions of this article constitute a nuisance, or if any
condition, structure or improvement poses a threat to the health,
safety or welfare of the public, the Zoning Officer or law enforcement
officer shall issue written notice, on such form as may be provided
by resolution of the Board, to be served personally or by certified
mail upon the owner or lessee of said premises or, if the owner's
or lessee's whereabouts or identity be unknown, by posting the
notice conspicuously upon the offending premises.
B.
Said notice shall specify the condition, structure or improvement in violation of this article and, except as provided in Subsection C of this section, shall require the owner or lessee to commence to remove or otherwise rectify the condition, structure or improvement as set forth in said notice within 10 days of mailing or posting said notice and, thereafter, to fully comply with the requirements of the notice within a maximum of 30 days after commencement of removal or rectification unless a special extension is granted by the Zoning Officer. Such special extension shall be granted only after the owner or lessee has shown good cause to believe that the removal or rectification will take longer than 30 days. The length of any such special extension shall be determined by the Zoning Officer, subject to review by the Board.
If the owner or lessee of grounds on which violations are occurring
does not comply with the notice to abate the conditions 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 authority or otherwise authorized police powers, shall
have the right and power to enter upon the offending premises to accomplish
the foregoing.
A.
Any person aggrieved by the decision of the Zoning Officer or law
enforcement officer may request a hearing before the Board; provided,
he files a request with the Board within 10 days after notice of the
Zoning Officer's decision.
B.
After such hearing, the Board shall sustain, modify or overrule the
action of the Zoning Officer or law enforcement officer.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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 a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
