[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 11-19-2002 by Ord. No. 2002-6. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 200.
It is the purpose of this chapter to regulate
the deposit, storage, maintenance, parking or accumulation of abandoned
vehicles for the following reasons:
A.
The accumulation of abandoned vehicles poses a danger
to the health, safety, and welfare of the citizens of the Borough.
B.
Abandoned vehicles provide a harbor and breeding area
for rodents, insects and other animals.
C.
Abandoned vehicles create an attractive nuisance for
children.
D.
The accumulation of abandoned vehicles on a property
constitutes the maintenance of a junkyard thereon.
This chapter shall be known as the "Borough
of Malvern Abandoned Vehicles Ordinance."
For purposes of this chapter, the terms set
forth herein are defined as follows:
Any vehicle that requires a registration tag
to be lawfully operated on the street, including, but not limited
to, a car, truck, motorcycle, trailer, recreational vehicle or camper,
but which vehicle is not displaying a current state inspection and
registration tag; or
Any vehicle that does not necessarily require
a current registration tag to be lawfully operated, such as a boat,
snowmobile, farm equipment or all-terrain vehicle, but which vehicle
is disabled, discarded, wrecked, junked or inoperative. This definition
includes cars, trucks or motorcycles that are displaying a "classic"
or "antique" tag but are inoperable, discarded or that have not been
moved for a period of six months or longer.
Any natural person, firm, corporation, association or other
legal entity.
It shall be unlawful to deposit, store, maintain,
park or accumulate any abandoned vehicle on private property, unless
in a building, and it shall be unlawful for the owner of such vehicle
or the owner or occupant of any property to allow, permit or suffer
the same to be left upon any privately owned property, unless the
same be authorized in conjunction with a business properly operated
pursuant to other laws of the Borough.
If the Code Enforcement Officer, the Chief of
Police or the Borough Manager, or any other official designated by
the Council of the Borough of Malvern finds that a violation of this
chapter exists, such official shall notify the owner, manager or lessee
of the real property on which the violation exists and the owner of
the abandoned vehicle, if the owner of the abandoned vehicle can be
ascertained through reasonable investigation, describing the reason
that the abandoned vehicle is in violation of this chapter and requiring
corrective action within 10 days from the date of mailing or posting
of the notice. Failure to take corrective actions sufficient to bring
the abandoned vehicle into compliance with the requirements of this
chapter within the ten-day notice period shall constitute a violation
hereof.
A.
Any person
who violates or permits the violation of any provision of this chapter
shall, upon conviction thereof in a summary proceeding brought before
a District Justice, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $25 and not more than $1,000,
plus the costs of prosecution. Each section or provision of this chapter
that is violated shall constitute a separate offense, and each day
or portion thereof in which a violation of this chapter is found to
exist shall constitute a separate offense, each of which violations
shall be punishable by a separate fine imposed by the District Justice
of not less than $25 and not more than $1,000, plus the costs of prosecution.
The Borough may, in addition to or in lieu of imposing the penalties set forth in § 196-6, and after providing an opportunity for a hearing as set forth in §§ 196-8 and 196-9, remove the abandoned vehicle and charge the costs incurred, including any disposal, storage and actual attorneys' fees, plus a penalty of 10% of such costs, against the property owner on whose property the abandoned vehicle is located. Such costs shall, after a proper demand upon the property owner and his/her/its refusal or failure to pay after 30 days have elapsed since the demand for payment, constitute a lien on said real property, pursuant to the Municipal Lien Law, as amended, at such time as it shall thereafter be filed by the Borough Solicitor.
If the Borough intends to remove the abandoned vehicle, it shall give notice of its intent to remove the abandoned vehicle in the manner set forth in § 196-5, and shall advise the affected parties that they have the right to request a hearing before Borough Council.
Within five days after service of the notice
of intent to remove the abandoned vehicle, the person or persons affected
may request a hearing with the Borough Council by filing a written
request with the Borough Manager. Where more than one person is involved,
it shall be the duty of the person requesting said hearing to notify
the Borough Manager of the names and addresses of all other parties
affected or interested.
If a hearing is not requested, then the Borough shall proceed to remove or have removed the abandoned vehicle(s) from the concerned real property in accordance with § 196-7 above.
Upon proper request from a party who received
a notice to remove an abandoned vehicle, a hearing on the matter shall
be held within 60 days of the date of the request. The Borough Council,
after said hearing, shall affirm, withdraw or modify the notice of
removal.
