[HISTORY: Adopted by the Board of Supervisors of Scott Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-1995 by Ord. No. 1-1995]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
"Owner," for the purpose of this article, 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 danger or potential danger to the health, safety or welfare of the
citizens of the Township of Scott.
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.
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.
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
and has 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 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 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 floorboards, 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 communications 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.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 102-2 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 pursuant to a resolution of the Board of Supervisors.[1] The motor vehicle nuisance(s) must be stored 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.
[1]
Editor's Note: The current fee schedule is on file in
the administrative offices of the Township.
B.
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 800 square feet.
A.
The Code Enforcement Officer is hereby empowered to inspect private
property on which motor vehicles are stored to determine if there
is compliance with the provisions of this article. If noncompliance
with the provisions of this article 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 is unknown, by posting
the notice conspicuously upon the offending premises.
B.
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.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the nuisance 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.
A.
Any person aggrieved by the decision of the Code Enforcement Officer
may request and shall then be granted a hearing before the Board of
Supervisors, provided that he files with the Board of Supervisors
within 10 days after notice of the Code Enforcement 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.
B.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Code Enforcement Officer.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 plus costs of prosecution and, in default of payment of such
fine and costs, to undergo imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
The remedies provided herein for the enforcement of this article
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.
[Adopted 10-10-1995 by Ord. No. 1-1995]
A.
LESSEE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
"Owner," for the purpose of this article, when the lessor
holds the lessee responsible for maintenance and repairs.
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 Scott.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether an individual
or partnership, association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
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.
It shall be unlawful for any person to store or maintain abandoned,
unused, stripped, damaged and generally unusable appliances, machinery
or equipment or construction materials in the open on private property.
Such storage shall constitute a nuisance and/or health hazard if any
of the following conditions exist:
A.
Broken glass or metal parts with sharp or protruding edges.
B.
Containers which are conducive to the harboring and growth of vermin
or animals.
C.
Storage in any manner which would allow the equipment, machinery,
material or any part thereof to easily shift, tilt or fall from its
original storage position.
D.
Containers of any liquid or material of a hazardous or potentially
hazardous nature, including but not limited to gasoline, oil, battery
acids, refrigeration agents and poisons.
E.
Any other condition which shall threaten the health, safety or welfare
of the citizens.
F.
Refrigerators with the doors remaining attached.
A.
Storage of such items as listed in § 102-10 hereof on private property shall be permitted only in strict compliance with the regulations provided herein or with stricter regulations in other Township ordinances or in state or federal laws. Each person, owner or lessee desiring to store items described in § 102-10 shall apply for a permit for either temporary or permanent storage and pay a fee to the Township pursuant to a resolution of the Board of Supervisors.[1] Such nuisance(s) must be stored 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.
[1]
Editor's Note: The current fee schedule is on file in
the administrative offices of the Township.
B.
With the special approval of the Board of Supervisors, 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, the appliances, machinery, equipment
or construction materials shall be kept free of vermin infestation
while being stored, and all gas, oil or other potentially hazardous
substances shall be removed. The total area of storage of such nuisances
may not exceed 500 square feet.
A.
The Code Enforcement Officer is hereby empowered to inspect private
property on which appliances, machinery, equipment and/or various
construction materials are stored to determine if there is compliance
with the provisions of this article. If noncompliance with the provisions
of this article constitutes a nuisance or if any condition, structure
or improvement poses a danger 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 is unknown, by posting the notice conspicuously
upon the offending premises.
B.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice 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.
If the owner of property on which appliances, machinery, equipment
and/or construction materials are stored does not comply with the
notice to abate the nuisance within the time limit prescribed, the
Township shall have the authority to take measures to correct the
conditions and to 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.
A.
Any person aggrieved by the decision of the Code Enforcement Officer
may request and shall then be granted a hearing before the Board of
Supervisors, provided that he files with the Board of Supervisors
within 10 days after notice of the Code Enforcement 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.
B.
After such hearing, the Board of Supervisors shall sustain, modify
or overrule the action of the Code Enforcement Officer.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 plus costs of prosecution and, in default of payment of said
fine and costs, to undergo imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
The remedies provided herein for the enforcement of this article
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.
