[Adopted 7-10-2007 by Ord. No. 4-2007]
A.
No person, firm or corporation owning or occupying any property within
the Borough of Verona shall permit, leave or cause to be left or accumulated
on any street, lane, alley, private or public property any garbage,
rubbish, waste material and debris of any kind; junked, scrapped,
wrecked or abandoned motor vehicles and/or trailers and/or boats;
flammable articles; or stored vehicles, trailers without a current
Pennsylvania safety inspection sticker or other proper inspection
sticker and current registration.
B.
Any accumulation or storage of garbage, rubbish, waste material and
debris of any kind; junked, scrapped, wrecked or abandoned motor vehicles
and/or trailers and/or boats; flammable articles; or stored vehicles
without a current Pennsylvania safety inspection sticker or other
proper inspection sticker and current registration, upon premises
in the Borough of Verona, in violation of any of the provisions of
this section, is hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants
of Borough of Verona.
C.
Wrecked, abandoned and junked vehicles defined.
(1)
For purposes of this article, wrecked, abandoned or junked vehicles
shall mean any vehicles, trailers and/or boats in such a state of
disrepair as to be incapable of being moved under their own power,
or in a dismantled condition, or without a current license plate,
or without a current Pennsylvania safety inspection sticker or other
proper inspection sticker and current registration, which vehicle
has not been moved or used for more than 48 hours; provided, however,
the term shall not apply to any vehicle bearing a current license
plate and/or current inspection sticker until the Police Department
and/or the Ordinance Officer of the Borough of Verona has personally
tagged the vehicle with a towing notice (attached hereto and as may
from time to time be modified and approved by resolution of Council)
and/or has by personal service or by regular mail given notice to
the registered owner of the vehicle, boat and/or trailer stating that,
if the vehicle, boat and/or is not removed within 48 hours of the
date of the notice, it shall be deemed to be abandoned or junked.
(2)
Any vehicle, boat and/or trailer or equipment used or to be used
in construction or the operation or maintenance of public utility
facilities and which are left in a manner which does not interfere
with the normal movement of vehicular traffic shall not be considered
an abandoned vehicle for the purposes of this article. A dealer's
license shall be deemed the equivalent of a current license only upon
compliance with the provisions of the laws of the Commonwealth of
Pennsylvania relating to dealer and repaired vehicles.
D.
Any person, firm or corporation which is a licensed new or used motor vehicle dealer shall not be deemed in violation of § 154-23, provided that:
(1)
The wrecked or stored motor vehicle is maintained pursuant to the
dealer's business operation; and
(2)
The dealer's business operation is maintained upon private property
which is in compliance with the district and use classification as
authorized by the Borough of Verona Zoning Ordinance then and there
prevailing.
The owner of any premises, as to vacant premises, and, as to premises occupied by someone other than the owner thereof, the owner and tenant shall both be jointly and severally responsible for removal of all garbage, rubbish, waste material and debris of any kind; junked, scrapped or wrecked motor vehicles and/or trailers and/or boats; flammable articles, or stored vehicles without a current Pennsylvania safety inspection sticker or other proper inspection sticker and current registration, as aforesaid, remaining upon such premises in violation of § 154-23B of this article. Further, every owner and/or resident or tenant of any premises and exterior property shall maintain grass growth and cause the premises to be maintained free from weeds or plant growth in excess of eight inches high. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
A.
The Borough of Verona is hereby authorized and directed to give notice by one of the following methods: personal service or by registered mail with return receipt, or by posting on the property to the owner or occupant, or both, as the case may be, of any premises where garbage, rubbish, waste material and debris of any kind; junked, scrapped, or wrecked motor vehicle and/or trailers; flammable articles; or stored vehicles without a current sticker and/or current license and/or current registration, as aforesaid, is being accumulated or remains in violation of the provisions of § 154-23 of this article, directing and requiring such owner or occupant to conform with the requirements of this article within two calendar days after issuance of such notice. Thereafter, any vehicle determined to be abandoned or junked on private property of the Borough of Verona may be posted with a towing notice indicating that, unless such vehicle is removed within 48 hours of the date of notification, the vehicle shall be towed and the owner shall be subject to a fine and costs of prosecution.
B.
Furthermore, the Borough of Verona shall send to the owner or owners
of the abandoned or junked vehicle, by personal service or by certified
or registered mail or by posting on the property, notice that the
wrecked, abandoned or junked vehicle has been towed and that the abandoned
or junked vehicle must be claimed within 30 days of the date of the
notice, or the vehicle will be disposed of. Such owner shall be subject
to all towing, storage and other fines and costs of prosecution. If
certified or registered mail is used to effectuate service of the
notice, in the event that the certified or registered mail is returned
as unclaimed, then service shall be effectuated by sending a second
certified and/or registered letter, together with a copy of regular
mail using a notice of mailing form prescribed by the post office.
If the certified or registered letter is returned again as unclaimed,
but the letter by regular mail is not, then service is deemed to be
complete.
C.
Any vehicle determined to be abandoned or junked on private property
may be posted with a towing notice indicating that, unless such vehicle
is removed within 48 hours of the date of notice, the vehicle shall
be towed and the owner shall be subject to a fine and costs of prosecution.
Furthermore, the Borough of Verona shall send to the owner or owners
of the abandoned or junked vehicle, by personal service or by certified
or registered mail, notice that the abandoned or junked vehicle must
be removed within 48 hours of the date of the notice. Such written
notice shall be sent to the owner's or owners' last known post office
address in the same manner as previously set forth herein.
A.
In case any person, firm, corporation or entity shall neglect, fail
or refuse to comply with such notice within the period of time stated
therein, the Borough authorities may remove the garbage, rubbish,
flammable articles, waste material and debris of any kind; junked,
scrapped or wrecked motor vehicles and/or trailers and/or boats without
a current Pennsylvania safety inspection sticker or other proper inspection
sticker and current registration as aforesaid; the cost thereof, together
with any additional payment authorized by law, may be collected by
the Borough from such person, firm, corporation or entity in the manner
provided by law for the collection of municipal claims or by any other
civil action.
B.
In addition to any other penalty set forth herein, any and all persons,
firm, corporation or entity, including either or both landlords and
tenants, who or which shall violate or fail, neglect or refuse to
comply with any of the provisions of this article, shall, upon conviction
thereof in a proceeding before a Magisterial District Judge or other
court of competent jurisdiction having jurisdiction of the matter,
be sentenced to pay a fine of not less than $300 and not more than
$1,000 and cost of prosecution and, in default of payment of such
fine and costs, may be sentenced to imprisonment in the Allegheny
County Jail for not more than 30 days, provided that each day's
violation shall constitute a separate offense and the court of competent
jurisdiction is hereby authorized to impose the maximum fine permissible
(i.e., $1,000 per day) for each and every day the violation continues
regardless of whether multiple citations have been issued.
C.
In addition to the other powers herein set forth for violation of
this article, the Borough may institute proceedings in courts of equity
in the Court of Common Pleas of Allegheny County.
The Borough of Verona hereby authorizes its Police Department
and/or Code Enforcement Officer full authority to enforce the terms
of this article.
