[Ord. 671, 7/13/1998, as amended by Ord. No. 845-2019, 3/25/2019]
1.
It shall be unlawful for any owner to maintain a motor vehicle upon
private property within the Borough of Hamburg which does not have
a current and/or valid state safety inspection (if required) or does
not have a valid state registration plate, unless the motor vehicle
is exempt from having a current and/or valid state safety inspection
(if required) or a valid state registration plate under Pennsylvania
law, and kept within the confines of a fully enclosed garage or other
fully enclosed structure on a permanent basis within the Borough.
2.
MOTOR VEHICLE
OWNER
PERSON
For purposes of this Part, the following definitions shall apply:
Any type of mechanical device, propelled by a motor, in which
a person or persons or property may be transported upon public streets
or highways when in operating condition, and includes recreational
vehicles, travel and utility trailers or semitrailers pulled thereby.
The person that is the actual owner, agent or custodian (including
a tenant or lessee) of the property on which a motor vehicle or vehicles
is/are stored, whether individual or partnership, association or corporation,
and/or the actual registered owner, if any, of the motor vehicle.
A natural person, firm, partnership, association, corporation
or other legal entity.
[Ord. 671, 7/13/1998, as amended by Ord. No. 845-2019, 3/25/2019]
The Code Enforcement Officer or the Borough Police Department
and/or his/her/their authorized representative is hereby empowered
to inspect grounds on which motor vehicles are stored to determine
if there is compliance with the provisions of this Part.
[Ord. 671, 7/13/1998, as amended by Ord. No. 845-2019, 3/25/2019]
1.
Any person, owner or lessee who has one or more motor vehicle(s) as prohibited under § 10-201 above may be granted a temporary waiver from compliance with this Part if the Property Committee of the Borough Council of the Borough of Hamburg, after review at a regular meeting, grants such temporary waiver. Upon request of an applicant, the Property Committee shall determine, in its sole and absolute discretion, whether or not a temporary waiver is warranted based on the special circumstances of the applicant provided that such a waiver will not pose a hazard to the health, welfare or safety of the residents of the Borough.
2.
If a special temporary waiver is granted, the Property Committee
shall set a time frame for compliance with this Part and may attach
any reasonable conditions to the waiver.
3.
A determination by the Property Committee hereunder shall be final
and conclusive and there shall be no right to appeal.
[Ord. 671, 7/13/1998, § 4; as amended by Ord. 680, 12/28/1998, Ord. No.
845-2019, 3/25/2019]
Upon discovery of a violation or potential violation of this Part, the Code Enforcement Officer of the Borough shall first provide a written notice of violation to the owner. Said notice shall be given by the Code Enforcement Officer either in writing by hand-delivery, any form of mail requiring a receipt or, in the absence thereof, posting at the property of the owner. Said notice shall provide the owner with a fifteen-day period from the date of the written notice to cure the violation of this Part. Said notice shall also inform the owner of the right to request a waiver as set forth in § 10-203 above. If the violation of this Part is not cured following the expiration of the fifteen-day time period set forth in the written notice, the Code Enforcement Officer of the Borough shall be entitled to seek all legal actions and remedies authorized under this Part against the owner and/or the motor vehicle.
[Ord. 671, 7/13/1998, as amended by Ord. No. 845-2019, 3/25/2019]
Any motor vehicle that is stored on private grounds, as herein required, shall be removed by the owner or occupier of said grounds after expiration of the fifteen-day notice to do so, and in default thereof, the Borough may cause the same to be done and collect the costs thereof, together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action of assumpsit or may seek relief by bill in equity. Attorney fees shall be added to the amount collected above. This remedy shall be in addition to the imposition of any penalties under § 10-206 below.
[Ord. 671, 7/13/1998, as amended by Ord. No. 845-2019, 3/25/2019]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $1,000, plus costs and, in default of payment of
said fine and costs, 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. 671, 7/13/1998, as amended by Ord. No. 845-2019, 3/25/2019]
The Borough may prescribe by formal resolution additional rules
and regulations under this Part as it deems necessary for the health
and welfare of the citizens for the Borough of Hamburg.
