[Added 10-30-1999 by Ord. No. 7-1997]
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.
A motor vehicle is abandoned if it exists under any of the following
circumstances:
The motor vehicle is physically inoperable and left unattended
on a highway or other public property for more than 48 hours.
The motor vehicle has remained illegally on a highway or other
public property for a period of more than 48 hours.
The motor vehicle has remained on private property without the
consent of the owner or person in control of the property for more
than 48 hours.
Vehicles and equipment used or to be used in construction or
the operation or maintenance of highways or public utility facilities
which are left in a manner which does not interfere with the normal
movement of traffic shall not be considered to be abandoned.
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 street or highway or public or private property within
the Borough for a period in excess of 48 hours. The presence of an
abandoned or junked vehicle or parts thereof on public or private
property is hereby declared to be a public nuisance which may be abated
as such in accordance with the provisions of this article. This section
shall not apply to any such vehicle enclosed within a building.
After the Borough has determined that a violation of this article
has occurred, the Police Department shall send notice by certified
mail to the last registered owner of the vehicle, if such registered
owner can be determined, informing the owner of the nuisance and requesting
removal of the vehicle within seven days of the date notice is mailed.
If the abandoned vehicle does not bear an identifiable registration
plate, certificate of inspection or vehicle identification number,
notice may be secured to the vehicle or, in the case of private property,
served upon the occupant of the land where the nuisance exists or,
if there is no such occupant, then upon the owner of the property
or his agent.
Upon proper notice and opportunity to be heard, the owner of
the abandoned motor vehicle or occupant of the private property on
which the vehicle 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 of the abandoned motor vehicle or occupant of the private
property where the vehicle is located shall be liable for the expenses
incurred.
The notice shall contain the request for removal within the time specified in § 244-40, 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 of the abandoned motor vehicle or occupant of the property. The notice shall also advise that, after removal by the Borough, the owner of the abandoned vehicle or occupant of the private property may reclaim the vehicle in accordance with the provisions of § 244-47.
The person to whom the notices are directed or his duly authorized
agents may file a written request for hearing before the Borough Council
or its designee within seven days 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 after a hearing it
is determined that the vehicle should be removed, the owner or occupant
of private property shall be given an additional 48 hours to remove
the vehicle or have it removed.
If the violation described in the notice has not been remedied
within the forty-eight-hour period of compliance and no request for
a hearing has been made, or in the event that a notice requesting
a hearing is timely filed and after a hearing the existence of the
violation is affirmed by the Council or its designee, the Police Department
shall have the right to take possession of the abandoned 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 Police Department
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 have been impounded
and stored for violation of this article. The notice shall give the
location of where the vehicle or vehicles are stored, storage and
removal costs incurred by the Borough.
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 towing removal and storage.
In addition to the costs of towing, removal and storage, the owner
shall pay a twenty-five-dollar fee, of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
Upon the failure of the owner of the abandoned motor vehicle
or occupant of property to pay the unrecovered expenses incurred by
the Borough for such removal, storage or distribution, a lien shall
be placed upon the property for the amount of such expenses. If the
abandoned or junked motor vehicle is not reclaimed after the expiration
of 30 days from the date of notice, the Borough may seek authorization
from the Pennsylvania Department of Transportation for the disposal
of the abandoned vehicle.
Any abandoned motor vehicle illegally parked on a Borough street
is subject to a fine, payable to the Borough, for each day the vehicle
is in violation of the Borough ordinance.
