[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
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 street or highways,
and including trailers or semitrailers pulled thereby.
Any condition, structure or improvement which shall constitute
a threat or potential threat 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. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986;
as amended by Ord. 362, 11/18/1987, § 1; and Ord. 451, 9/24/1997,
§ I]
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
or does not bear a current registration and inspection sticker and
has any of the following physical defects:
A.
Broken windshield, mirror or other glass with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing door, window, hood, trunk or other body part which could
permit animal harborage.
D.
Any body part with sharp edges including holes resulting from rust.
E.
Missing tires resulting in unsafe suspension of the motor vehicle.
F.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G.
Broken headlamp or tail-lamp with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle, stored in
a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an unstable manner.
K.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floor boards including trunk and fire walls.
O.
Damaged bumpers pulled away from the perimeter of vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennas.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Township.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
1.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 10-102 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 may be provided from time to time by resolution of the Board of Supervisors. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaqued fence at least six feet high which is locked at all times when unattended. With the special approval of the Board of Supervisors, 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 500 square feet.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
1.
The Department of License and Inspection is hereby empowered to inspect
grounds 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, the Department 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. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
If the owner of grounds on which motor vehicles are stored 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 or otherwise authorized police powers, shall have the
right and power to enter upon the offending premises to accomplish
the foregoing.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986]
1.
Any person aggrieved by the decision of the Department of License
and Inspection may request and shall then be granted a hearing before
the Board of Supervisors, provided he files with the Board of Supervisors
within 10 days after notice of the Department'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 Supervisors shall sustain, modify
or overrule the action of the Department of License and Inspection.
[Ord. 311, 6/2/1980; as revised by Ord. 356, 12/17/1986;
and as amended by Ord. 532, 9/10/2008]
Any person, firm or corporation who shall violate any provision
of this part, 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 less than $100 nor 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 part continues or each section of this part which shall be
found to have been violated shall constitute a separate offense.
