[Adopted 9-5-1984 by Ord. No. 5-1984 (Ch. XIII, Part 8,
of the 1976 Code of Ordinances)]
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
The word "shall" is always mandatory and not merely directory.
Any motor vehicles, as defined by in this section, which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety inspection certificate, and the condition of which is wrecked, dismantled, discarded, inoperable on public roads, or has not been regularly operated on public roads within 60 days from the notice to remove as set forth in § 154-3.
The Borough of Verona.
Any vehicle which is self-propelled and designed to travel
along the ground and shall include, but not be limited to automobiles,
buses, motorbikes, motorcycles, motor scooters, trucks, tractors,
go-carts, golf carts, campers and trailers.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any real property within the Borough which is privately owned
and which is not public property as defined in this section.
Any street or highway which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular travel and shall also mean any other publicly
owned property or facility.
No person shall park, store, leave or permit the parking, storing
or leaving of any abandoned or junked motor vehicle, whether attended
or not, upon any public or private property within the Borough for
a period of time in excess of 14 days. The presence of an abandoned
or junked dismantled vehicle or parts thereof on private or public
property is hereby declared a public nuisance, which may be abated
as such in accordance with the provisions of this article. This section
shall not apply to any vehicle enclosed within a building.
Whenever it comes to the attention of the Borough that any nuisance as defined in § 154-2 of this article exists, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this article.
Upon proper notice and opportunity to be heard, the owner or
occupant of the private property on which the same is located, either
or all of them, shall be responsible for its removal. In the event
of removal and disposition by the Borough, the owner or occupant of
the private property where same is located shall be liable for the
expenses incurred.
The notice shall contain the request for removal within the
time specified in this article, and the notice shall advise that,
upon failure to comply with the notice to remove, the Borough or its
designee shall undertake such removal, with the cost of removal to
be levied against the owner or occupant of the property.
The persons to whom the notices are directed or their duly authorized
agents may file a written request for hearing before the Borough Council
or its designee within one week from receipt of the notice for the
purpose of defending the charges by the Borough.
The hearing shall be held as soon as practicable after the filing
of the request, and the persons to whom the notices are directed shall
be advised of the time and place of said hearing at least 14 days
in advance thereof. At any such hearing the Borough and the persons
to whom the notices have been directed may introduce such witnesses
and evidence as either party deems necessary.
If the violation described in the notice has not been remedied
within the two-week period of compliance, or in the event that a notice
requesting a hearing is timely filed, a hearing is had, and the existence
of the violation is affirmed by the Council or its designee, the Chief
of Police or his designee shall have the right to take possession
of the junked motor vehicle and remove it from the premises. It shall
be unlawful for any person to interfere with, hinder or refuse to
allow such person or persons to enter upon private property for the
purpose of removing a vehicle under the provisions of this article.
Within 48 hours of the removal of such vehicle, the Chief of
Police shall give notice to the registered owner of the vehicle, if
known, and also the owner or occupant of the private property from
which the vehicle was removed, that said vehicle, or vehicles, has
been impounded and stored for violation of this article. The notice
shall give the location of where the vehicle or vehicles, is stored,
and the costs incurred by the Borough for removal.
The owner of any vehicle seized under the provisions of this
article may redeem such vehicle at any time after its removal but
prior to the sale or destruction thereof upon proof of ownership and
payment to the Borough of such sum as may be determined and fixed
for the actual and reasonable expense of removal and storage.
Upon the failure of the owner or occupant of property on which
abandoned vehicles have been removed by the Borough to pay the unrecovered
expenses incurred by the Borough in such removal, storage or distribution,
a lien shall be placed upon the property for the amount of such expenses.
Any person violating any of the provisions of this article shall,
upon conviction before a Magisterial District Judge, be sentenced
to pay a fine not to exceed $300 and, in default of payment, shall
undergo imprisonment for a period not to exceed 30 days. All fines
collected upon conviction shall be paid to the Borough Treasurer.
Each calendar day in which a vehicle is stored or kept in violation
of this article shall constitute a separate and distinct violation.
