Section 520.90  Maintenance

a)         The owner or owners of any junkyard or scrap processing facility shall maintain in an acceptable condition the screening for his junkyard, regardless of who established it initially, performing such painting and repairs as is required to keep any fences, walls or other structural material in good condition and appearance.  Plant material shall be watered, cultivated, and/or mulched, and given any required maintenance including spraying for insect control, to keep the planting in a good healthy condition.  Dead plant material shall be replaced during the next spring or fall planting season following death of the material.  The replacement plants shall be at least as large as the initial planting.  The screening shall be maintained so that the yard is effectively screened as long as the business is in existence.

b)         Failure to maintain the screening in an acceptable condition shall result in the revoking of the junkyard or scrap processing facility owner's permit upon written notification and the Department shall take whatever legal action is necessary to cause the owner of such junkyard or scrap processing facility to provide such maintenance of the screening to the satisfaction of the Department or to abate the nuisance created by the junkyard which is not in compliance with the Act.

c)         Extension Beyond Fencing. Any junkyard or scrap processing facility lawfully in existence on the effective date of this Act and screened from view from the highway by the Department, or any yard established after the effective date and screened by the owner may not be extended beyond or above such screening so as to have junk visible from the main traveled way of the highway.  Any such visible junk will cause the facility to be in violation of its permit and these regulations and the permit will become void upon written notification by the Department.

d)         The Department shall then take whatever legal action is necessary to abate the nuisance created by the junkyard which is not in compliance with the Act.