[Ord. 805, 6/9/1988, § 1]
1.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
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 repair.
Any type of mechanical device, propelled by motor, in which
persons or property may be transported, including trailers or semi-trailers
pulled thereby.
Any condition, structure, vehicle or improvement which shall
constitute a threat or potential threat to the health, safety or welfare
of the citizens of the Borough of Shillington.
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.
2.
In this Part, the singular shall include the plural. The plural shall
include the singular, and masculine shall include the feminine and
the neuter.
[Ord. 805, 6/9/1988, § 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 Borough of Shillington, or upon public
or private streets within said Borough. A motor vehicle nuisance shall
include any motor vehicle which has any of the following 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 taillamps 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 condition.
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 floorboards, including trunk and firewall.
O.
Damaged bumpers pulled away from the perimeter of the vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennae suspended on unstable supports.
S.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Shillington.
2.
A motor vehicle nuisance shall further include parts of motor vehicles
such as engine blocks, fenders, quarter panels, etc., which are also
allowed to remain upon open private grounds.
[Ord. 805, 6/9/1988, § 3]
Any person, owner or lessee who has three or more motor vehicle nuisances as defined in § 10-302 above may store such vehicle(s) in the Borough of Shillington 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 Borough of Shillington, such as may be provided from time to time by resolution of the Borough of Shillington. 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. 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 154 square feet per vehicle.
[Ord. 805, 6/9/1988, § 4]
1.
The Code Enforcement 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 constitutes a nuisance, or if any condition, structure
or improvement poses 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 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 remove or otherwise
rectify the condition or structure or improvement as set forth therein
within 10 days of mailing or posting of said notice.
[Ord. 805, 6/9/1988, § 5; as amended by Ord. 1000,
10/10/2002, § 1]
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 Borough of Shillington shall have the authority to take measures to correct the conditions and collect the costs of such corrections, including reasonable attorneys' fee and engineering fees, plus 10% of all costs. Additionally the Borough of Shillington has the power to remove uninspected vehicles or vehicles which are otherwise in violation of § 10-302 from any street, alley or right-of-way within the Borough of Shillington with 10 days' notice to the owner thereof and to assess any and all costs of the removal and storage against said owner. The Borough of Shillington, in such events 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. In addition, the Borough of Shillington shall have the right to enforce this Part in law or equity and such remedies shall be cumulative.
[Ord. 805, 6/9/1988, § 6; as amended by Ord. 1025,
10/14/2004]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 805, 6/9/1988, § 7]
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 Borough Council.
