[Ord. No. 356, 11/13/2017]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
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 which shall constitute a danger or potential
danger to the health, safety or welfare of the citizens of the Borough.
The actual owner, agent, custodian or lessee of the property
on which motor vehicles are stored, whether an individual, partnership,
association or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
[Ord. No. 356, 11/13/2017]
It shall be unlawful for any person and/or owner to maintain
a motor vehicle nuisance upon their property within the Borough. A
motor vehicle nuisance shall include any motor vehicle in nonoperable
condition and 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 taillamps 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 vehicle frame suspended from the ground in an unstable manner.
11.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
12.
Exposed battery containing acid.
13.
Inoperable locking mechanism for doors or trunk.
14.
Open or damaged floor boards, including trunk and firewall.
15.
Damaged bumpers pulled away from the perimeter of vehicle.
16.
Broken grill with protruding edges.
17.
Loose or damaged metal trim and clips.
18.
Broken communication equipment antennas.
19.
Suspended on unstable supports.
20.
Such other defects which could threaten the health, safety and welfare
of the citizens of the Borough of Elizabethville.
[Ord. No. 356, 11/13/2017]
1.
The storage of motor vehicle nuisances is permitted in an enclosed
structure.
2.
The Code Enforcement Officer is hereby empowered to inspect private
property on which motor vehicles are stored to determine their compliance
with the provisions of this Part.
3.
If there is noncompliance with the provisions of this Part, the Code
Enforcement Officer 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. Said notice shall specify the condition
and shall require the owner to remove or otherwise rectify the condition
within 10 days of the receipt of said notice.
[Ord. No. 356, 11/13/2017]
If the owner of property on which motor vehicles are stored
does not comply with the notice to abate the nuisance within the time
limit prescribed, the Borough shall have the authority to take measures
to correct the condition and collect the cost of such corrections
plus 10% of all costs. The Borough, 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. No. 356, 11/13/2017]
Any person who shall violate any provision of this Part shall,
upon conviction thereof before a District Magistrate, be sentenced
to pay a fine of not more than $600, plus costs and reasonable attorneys'
fees, and in default of payment of said fine and costs and fees, to
undergo imprisonment for a term not to exceed 30 days. Each day that
a violation of this Part continues shall constitute a separate offense.
[Ord. No. 356, 11/13/2017]
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.
