[HISTORY: Adopted by the City Council of the City of Lock
Haven 12-17-2007 by Ord. No. 812. Amendments noted where applicable.]
The outdoor storage of abandoned, junked or discarded vehicles
upon private property within the City of Lock Haven is hereby declared
to be detrimental to the health, safety and general welfare of the
community, aesthetically unattractive and detracting from the enjoyment
of the environment by said residents, tending to depreciate neighborhood
property values, and is an infringement on their properties and homes.
The same also constitutes a potential nuisance to the children of
the community and may imperil their safety. The fuel tanks of abandoned,
junked or discarded vehicles containing gasoline or gasoline fumes
constitute an ever-present danger of explosion. The abandoned, junked
or discarded vehicles may also contain broken glass and sharp metal
edges, and such vehicles usually are stored or abandoned with batteries
containing harmful acids or air-conditioning units containing Freon.
The control of the outdoor storage of abandoned, junked or discarded
vehicles is therefore regulated for the preservation of the health,
safety and general welfare of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
A vehicle:
That is inoperable and left unattended on a highway or other
public property for more than 48 hours; or
That has remained illegally on a highway, street or on other
public property for a period of more than 48 hours; or
Without a valid registration plate or certificate of inspection
or title left unattended on or along a public property; or
That has remained on private property without the consent of
the owner or person in control of the property for more than 48 hours.
Any vehicle(s) which the owner thereof, as established by
the surrounding circumstances, relinquishes ownership and possession
of, and any vehicle(s) the owner of which cannot be found after due
and reasonable inquiry.
The Code Enforcement Officer, the Zoning Officer, any City
police officer, or any other City employee assigned to enforcing City
ordinances.
Any vehicle which has no valid registration or certificate
of inspection and has been stripped or partially disassembled so that
it is inoperable or immovable and is parked or permitted to stand
on private property for a continuous period in excess of 48 hours.
A premises permitted by the City of Lock Haven as a junkyard.
Any condition, structure, improvement, materials or toxins
which shall constitute a danger or potential danger to the health,
safety, or welfare of the citizens of the City of Lock Haven.
Any person living in a dwelling or having possession of a
space within a building.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
A lot, plot or parcel of land, whether improved or unimproved,
including portions occupied by a street or alley and portions of land
between sidewalks and streets.
Any vehicle, including trucks, tractor trucks, automobiles,
motorcycles, pedalcycles, campers, motor homes, trailers, fifth-wheel
units, and any other device included in the definition of "vehicles"
in the Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
Any part or parts of any motor vehicle.
A.
It shall be unlawful for any person, firm or corporation, either
as a private property owner, vehicle owner, occupant, lessee, agent,
tenant or otherwise, to openly store or deposit or cause or permit
to be openly stored or deposited an abandoned, junked, discarded or
unlicensed vehicle or vehicles or parts or pieces thereof on any private
property within the City of Lock Haven, except as permitted in junkyards
or by this chapter, unless such vehicle or part or piece thereof is
stored or deposited in a completely enclosed building or such vehicle
or part or piece thereof is under repair, reconstruction or refurbishing
by the owner thereof, who must actually be residing upon the premises
where such repair, reconstruction or refurbishing is being done. Such
vehicle or part or piece thereof must be maintained and protected
so as not to create a safety hazard or nuisance to surrounding property
owners and shall not remain on the premises for more than 48 hours.
B.
A vehicle nuisance shall include any vehicle which has any of the
following physical defects:
(1)
Broken windshields, mirrors or other glass with sharp edges.
(2)
One or more flat or open tires or tubes which could permit vermin
harborage.
(3)
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
(4)
Any body parts with sharp edges, including holes resulting from rust.
(5)
Missing tires resulting in unsafe suspension of the motor vehicle.
(6)
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
(7)
Broken headlamps or tail lamps with sharp edges.
(8)
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
(9)
Protruding sharp objects from the chassis.
(10)
Broken sharp objects from the chassis.
(11)
Leaking fluids.
(12)
Exposed battery containing acid.
(13)
Inoperable locking mechanism for doors or trunk.
(14)
Open or damaged floorboards, including trunk and fire wall.
(15)
Damaged bumpers pulled away from the perimeter of the vehicle.
(16)
Broken grill with protruding edges.
(17)
Loose or damaged metal trim and clips.
(18)
Broken communications equipment antennas.
(19)
Suspended or unstable supports.
(20)
Such other defects which could threaten the health, safety and
welfare of the citizens of the City.
It shall be permissible for a person to park, store, keep and
maintain a junked vehicle on private property under the following
conditions:
A.
The junked vehicle is completely enclosed within a building where
neither the vehicle nor any part of it is visible from the street
or from any other abutting property. This exception shall not exempt
the owner or person in possession of the property from any zoning,
building, housing, property maintenance and other regulations governing
the building in which such vehicle is enclosed.
B.
The junked vehicle is parked or stored on property lawfully zoned
for businesses engaged in wrecking, junking or repairing vehicles.
This exception shall not exempt the owner or operator of any such
business from any other zoning, building, fencing, property maintenance
and other regulations governing businesses engaged in wrecking, junking
or repairing vehicles.
A vehicle restoration permit will be issued by the enforcement
officer for the City on the following terms and conditions:
A.
A restoration permit will be issued to the private property owner
only.
B.
The vehicle being restored shall be titled to the property owner
being issued the permit.
C.
Only one vehicle restoration permit at a time will be issued to a
property owner.
D.
The vehicle restoration permit shall be valid for a maximum of one
vehicle and shall be valid for one year from the date of issuance.
E.
The vehicle shall be stored on the property owner's premises on an
adequately maintained surface in the side or rear yard.
F.
At all times that the vehicle is not being worked on for restoration,
said vehicle of the property owner shall be covered with a car cover,
and the area shall be free of debris, litter, discarded parts or equipment
utilized for the restoration. A car cover must cover the entire vehicle
and be securely fastened to the vehicle. A car cover shall be made
of material which will resist wind, rain and other weather-related
circumstances. The use of bricks, stones, blocks or other material
as a fastener shall not be permitted.
G.
The area where the vehicle is being stored, placed or left shall
be subject to periodic and random inspections by the City enforcement
officer. Should it be determined that the subject vehicle is not being
restored or the area surrounding the vehicle being restored is not
properly maintained and free of debris, litter, unused parts or equipment,
then, in that event, the restoration permit will be rescinded, and
the property owner will be subject to other provisions of this chapter.
[Amended 5-17-2021 by Ord. No. 2021-02]
A.
The enforcement officer is hereby empowered to inspect private property
on which vehicle(s) are stored to determine if there is compliance
with the provisions of this chapter. If noncompliance with the provisions
of this chapter constitutes a nuisance, or if any condition, structure,
improvement, material or toxin poses a threat to the health, safety,
or welfare of the public, then upon the discovery of an initial violation
on a premises, the Enforcement Officer shall give written notice of
warning to the owner and/or occupant of such violation by posting
the property and providing notice either by United States Mail, certified,
return receipt requested, to the owner and/or occupant's last
known address or by personal service. Following receipt of notice,
the owner and/or occupant shall have 48 hours to abate such violation.
This section shall not apply to subsequent violations after the initial
violation by the same owner and/or occupant of a property during the
same year.
B.
After a period of no less than 48 hours following the receipt of
the notice of warning, the Enforcement Officer may inspect the premises
for compliance with this chapter.
C.
If the owner and/or occupant does not abate the violation within 48 hours of receipt of the notice of warning, or in the event of a subsequent violation within the same year season no notice of warning is required, then an ordinance violation shall be issued to the owner and/or occupant by posting the property and providing notice either by United States Mail, certified, return receipt requested, to the owner and/or occupant's last known address or by personal service. Each twenty-four-hour period shall constitute a separate violation and an ordinance violation may be issued every 24 hours following the expiration of the initial forty-eight-hour period specified in Subsection A without further notice as required by that section.
D.
The notice of violation set forth in Subsection C shall direct and require such occupant or owner, or both of them, to remove the violation so as to conform to the requirements of this chapter, within 48 hours after posting of such notice. If any owner or occupant shall neglect to comply with such notice within the period of time stated therein, the City authorities may remove the violation so as to comply with the provisions of this chapter, and the reasonable cost thereof, including court costs and attorney's fees, together with any additional penalty authorized by law, may be collected by the City from such owner or occupant as a penalty under the provisions of this chapter, or in any other manner provided by law.
E.
In addition to, and notwithstanding the City's exercise or nonexercise
of the above procedures, following the issuance of a notice of warning
(in the event of an initial violation) or without such issuance (in
the event of a subsequent violation during the same year), the Enforcement
Officer may issue a citation to the owner/occupant and commence proceedings
regarding same in the office of the applicable Magisterial District
Judge.
If the owner of the premises on which the vehicle(s) are stored
does not comply with the notice to abate the nuisance within the time
limit prescribed, the City shall have the authority to take measures
to correct the conditions so as to comply with the provisions of this
chapter, and the reasonable cost thereof, together with any additional
penalty authorized by law, may be collected by the City from such
owner or occupant as a penalty under the provisions of this chapter,
or in any other manner provided by law. This right, as herein vested
in the City, shall be in addition to penalties prescribed by the provisions
of this chapter for the failure of the owner or occupant, as aforesaid,
to comply with the terms of this chapter. The City, 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.
Any person, firm or corporation who shall fail to make payment in accordance with § 386-6 hereof shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 nor more than $1,000, plus costs. Each abandoned, junked, discarded or unregistered vehicle stored in violation of this chapter shall constitute a separate violation. Each day that such separate violation shall continue or be carried on shall constitute an additional separate violation for which the court may impose an additional fine and continuing fine until the vehicle is removed or enclosed. Notice to the offender shall not be necessary in order to constitute a separate violation, nor shall notice to the offender be necessary in order to constitute an offense. In default of payment of the penalty stated herein, such offender may be committed to the County Jail for a period not exceeding 30 days.
