[HISTORY: Adopted by the Borough Council of Montgomery Borough 2-10-2004 by Ord. No. 2004-1. Amendments noted where applicable.]
Borough Council of the Borough of Montgomery expressly recognizes
and finds that the accumulation of junked vehicles creates a hazard
or threat or potential threat to the health, safety or welfare of
the Borough's citizens because such accumulation provides a breeding
area for rodents and vermin and because such accumulation provides
an attractive nuisance for children who are not aware of the dangers
involved.
For purposes of this chapter, the following definitions shall
be applicable:
A motor vehicle or trailer which is partially dismantled,
unused, unusable or wrecked and which cannot safely or legally be
operated on the streets or highways of this Borough or commonwealth.
Currently licensed, registered and inspected vehicles shall not be
included within this definition.
Any self-propelled land vehicle which can be used for towing
or transporting people or materials, including, but not limited to,
automobiles, trucks, buses, motor homes, motorized campers, motorcycles,
motor scooters, tractors, snowmobiles, dune buggies and other off-the-road
vehicles.
Any part or parts of any motor vehicle.
Includes any natural person, firm, partnership, association,
corporation or other legal entity of whatever kind.
Any real property not owned by the federal government, state,
county, school district or other political subdivisions.
The unsheltered storage of a junked vehicle as otherwise
defined in this chapter which constitutes a hazard or threat or potential
threat to the health, safety or welfare of the Borough's citizens.
The physical location or relocation of a junked vehicle to
an authorized location.
Any wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, boat or other object.
Any storage except storage inside a building or in an area
completely surrounded by a solid fence of a height not less than the
height of the motor vehicle or trailer being sheltered.
A.Â
It shall be unlawful for any person owning or having custody of any
junked vehicle or motor vehicle accessories which create a hazard
or threat or potential threat to the health, safety or welfare of
the Borough's citizens to store or permit any such vehicle or
accessories to remain in unsheltered storage on any private property
or public street or highway within the Borough for a period of more
than 30 days after the expiration of the thirty-day period following
receipt of a notice requiring such removal, and it shall be further
unlawful for any person owning any private property in the Borough
or leasing any such property to store or to permit to remain any such
vehicles or accessories on his property for more than a like period.
B.Â
It shall further be unlawful for any person, after notification to
remove any junked vehicle or motor vehicle accessories constituting
a public nuisance hereunder from any private property has been given,
to move the same to any other private property upon which such storage
is not permitted or onto any public highway or other public property
for purposes of storage.
A.Â
The prohibitions of § 441-3 hereof shall not apply to a limit of one junked vehicle or motor vehicle accessories stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the junked vehicle or motor vehicle accessories being stored, and the prohibitions of § 441-3 hereof shall not apply to the premises of a business enterprise otherwise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall include auto repair and auto body shops, but shall not include tire, battery and accessory sales stores, and the provisions hereof extending to permitted storage shall not extend to the storage at such business enterprises of more than five junked vehicles or trailers at any one time.
The Building Inspector or Code Enforcement Officer, on routine
inspection or upon receipt of a complaint, may enter upon private
property to investigate a suspected junked vehicle or motor vehicle
accessories stored or maintained in violation of this chapter and
record the make, model, style and identification numbers and its situation
and condition.
Whenever the Building Inspector, Code Enforcement Officer or
any member of his department finds or is notified that any junked
vehicle or motor vehicle accessories have been stored or permitted
to remain on any private property or public street or highway within
the Borough and in violation of the provisions of this chapter, the
Building Inspector or Code Enforcement Officer shall send by certified
or registered mail a notice to the owner of record or person having
custody of such junked vehicle or accessories, if such owner can be
ascertained by the exercise of reasonable diligence, and also to the
owner of the private property, as shown on the tax assessment records
of the Borough, on which the same is located, to remove the junked
vehicle, trailer or motor vehicle accessories within 30 days. Such
notice shall contain the following additional information:
A.Â
Nature of complaint;
B.Â
Description and location of the junked vehicle and/or motor vehicle
accessories;
C.Â
Statement that the junked vehicle or motor vehicle accessories shall
be removed from the premises no later than 30 days from the date of
notification;
D.Â
Statement that removal from the location specified in the notification
to another location upon which such storage is not permitted is prohibited
and shall subject the person to additional penalties;
E.Â
Statement that if removal is made within the time limits specified,
notification thereof shall be given in writing to the Building Inspector
or Code Enforcement Officer; and
F.Â
Statement of the penalties provided for noncompliance with such notice.
Any person violating any of the provisions of this chapter shall,
upon conviction, be guilty of a summary offense and shall be sentenced
to pay a fine of not more than $600 and/or to be committed to the
county jail for a period not exceeding 30 days, plus costs of prosecution,
and each day that a violation is committed shall constitute a separate
offense.