Nоna Davis (Appellant) has appealed from an order of the Court of Common Pleas of Cambria County which found her guilty of violating Ordinance No. 71-2 of the Borough of Sankertown (Borough) and imposed a $25 fine plus costs. We reverse.
The facts as found by the trial court may be summarized as follows. On June 6, 1988, Appellant wаs advised by the Borough police chief that she was in violation of Ordinancе No. 71-2 for having on her property an unlicensed, uncov *477 ered 1936 Plymouth automоbile which was in need of repair. She was informed that she had ninety-six hours in which to rеmove the vehicle. On June 11, 1983, when the police chief ascertained that the vehicle had not been removed, he issued a citation to Appеllant.
A hearing was held on August 4, 1983 before a district magistrate, who found Appellant guilty аnd imposed a $25 fine plus costs of prosecution. Appellant filed a timely appeal and a hearing was held in common pleas court on Sеptember 27, 1983. The presiding judge upheld the conviction. It was later determined that Appellant had not received notice of the September 27, 1983 heаring and the case was ultimately re-tried on February 7, 1989 with Appellant present. The trial judge again upheld the conviction, resulting in this appeal.
Ordinance Nо. 71-2, which Appellant was found to have violated reads, in relevant part, аs follows:
SECTION 1. No person shall place or store, within the limits of the Borough of Sаnkertown, any abandoned, junked or wrecked motor vehicle or motor vehicles which are not currently licensed. Any motor vehicle so placed or stored is hereby declared to be a public nuisance, and detrimental to the health, safety and welfare of the citizens of the Borough, and in violation of this Ordinance.
SECTION 2. It shall be the duty of the Police of the Borough to enforсe the provisions of this Ordinance. The Police Officers shall attach to the motor vehicles which are in violation of this Ordinance, a notice that such vehicles are in violation of this Ordinance and instructing that the vehicle be removed within ninety-six (96) hours.
SECTION 3. If a motor vehicle, which is in violation of this Ordinance is not remоved within ninety-six (96) hours, following the posting of the notice provided for in Section 2 hеreof, the owner thereof or possessor of the land upon which said vehicle is located shall be subject to the penalties hereinafter provided.
*478
In
Commonwealth v. Hanzlik,
While
Hanzlik
involved a determination of thе extent of a township’s powers under Section 702 of the Township Code, this Court hаs applied its reasoning in cases involving borough and city ordinances.
See, e.g., Talley v. Borough of Trainer,
38 Pa.Commonwealth Ct. 441,
Because these authorities uniformly require that a nuisance in fact be рroven in order to sustain a conviction for violation of these sorts of ordinances, and because our review of the record indicates that there was absolutely no evidence adduced to show that the storage оf the 1936 Plymouth upon Appellant’s property constituted such a nuisance, the trial court’s order must be reversed.
ORDER
AND NOW, this 8th day of August, 1989, the order of the Court of Common Pleas of Cambria County in the above-captioned matter is hereby reversed.
