[HISTORY: Adopted by the Board of Supervisors of the Township of Coolbaugh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 138.
Vehicles and traffic — See Ch. 375.
Zoning — See Ch. 400.
[Adopted 2-16-1999 by Ord. No. 97 (Ch. 10, Part 1, of the 1999 Code of Ordinances)]
[Amended 2-21-2006]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
ABANDONED OR JUNKED MOTOR VEHICLE
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:
(1) 
Broken glass.
(2) 
Sharp edges.
(3) 
Objects protruding from the vehicle.
(4) 
Missing body parts or other openings which could allow the entry of children or animals.
(5) 
Parts stored in a disorderly manner apart from or on the motor vehicle.
(6) 
Leaking or damaged oil pan or fuel tank.
(7) 
Exposed battery.
(8) 
Inoperable mechanism for doors or trunk.
(9) 
Blocks or supports which are unstable or unsafe.
(10) 
Such other condition which, in the opinion of the Zoning Officer, is a threat to the health or safety of the public.
BOARD
The Board of Supervisors of the Township of Coolbaugh, Monroe County, Pennsylvania.
JUNK MATERIAL
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.
LAW ENFORCEMENT OFFICER
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.
LESSEE
Owner, for the purpose of this article, when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
A motor-driven device in, upon or by which any person or property is or may be transported or drawn upon a highway.
NUISANCE
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.
OWNER
The actual owner, agent or custodian of a premises within the Township, whether individual or partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
TOWNSHIP
The Township of Coolbaugh, Monroe County, Pennsylvania.
UNREGISTERED MOTOR VEHICLE
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.
VEGETATION
Any grass, weed or vegetation whatsoever, which is not edible or planted for same reasonable purpose.
ZONING OFFICER
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.
C. 
Nothing herein shall be construed to permit the storage of abandoned or junked motor vehicles contrary to the provisions of Chapter 400, Zoning, of the Township of Coolbaugh.
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.
C. 
If any of the provisions of § 268-2D, F, G, H, I or J is violated, and if the circumstances require immediate corrective measures, such notice shall be personally served as soon as possible and shall require the owner or lessee to immediately comply with the terms thereof.
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.