[Ord. 86-4, 3/17/1986, § 1]
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 streets 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 of New Hanover.
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. 86-4, 3/17/1986, § 2]
1.
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 three or more motor vehicles which are unable to move under
their own power and have any of the following physical defects:
A.
Broken windshields, mirrors or other glass, with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
D.
Any body parts 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 headlamps or tail-lamps 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 wall.
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 antennae.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of New Hanover Township.
[Ord. 86-4, 3/17/1986, § 3]
1.
Any person, owner or lessee who has three or more motor vehicle which are a nuisance, as defined in § 10-102 above, may store such vehicles within the boundaries of New Hanover Township only in strict compliance with the regulations provided herein. Any person, owner or lessee who elects to store a motor vehicle nuisance, as defined in § 10-102 above, must store the same within a garage or other enclosed building, or, outside within an opaque fence, at least six feet high which is locked at all times when unattended. Such motor vehicle nuisances may be stored 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 liquids 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 450 square feet, without obtaining a proper permit for storage of such nuisances from the New Hanover Township Board of Supervisors.
2.
Any person, owner or lessee who has or desires to store motor vehicle nuisances, as defined in § 10-102 above, in an exterior storage area which exceeds 450 square feet, must first apply for a permit for either temporary or permanent storage and pay a fee to the Township of New Hanover, such as may be provided from time to time by resolution of the Board of Supervisors. The motor vehicle nuisances must be stored within a garage or other enclosed building, or within an opaque fence, at least six feet high, or a chain link fence, at least six feet high, screened by shrubbery around the perimeter to the height of the fence, which fence shall be locked at all times when unattended. In addition, all gas and oil or other flammable liquids shall be removed from the motor vehicles, and it shall be kept free of vermin infestation while being stored.
[Ord. 86-4, 3/17/1986, § 4]
1.
The Zoning Officer 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 constitute a nuisance, or if any condition, structure
or improvement posses a threat to the health, safety or welfare of
the public, he 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 identify 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. 86-4, 3/17/1986, § 5]
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. 86-4, 3/17/1986, § 6]
1.
Any person aggrieved by the decision of the Zoning Officer 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 Zoning Officer'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 Zoning Officer.
[Ord. 86-4, 3/17/1986, § 7; as amended by Ord.
97-7, 10/13/1997, § 10-107; and by Ord. 17-03, 3/27/2017]
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 $25 nor more than
$1,000 plus costs or such other penalty as may be authorized and imposed
by law. 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. Notwithstanding the same, the Township may seek
enforcement by means of request for injunctive relief or other equitable
remedies as may be provided by law in a court of competent jurisdiction.
[Ord. 86-4, 3/17/1986, § 8]
The remedies provided herein for the enforcement of this part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively at the
option of the Board of Supervisors.
