[Adopted 11-19-1996 by Ord. No. 469 (Ch. 10, Part 9, of the
1989 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
A vehicle (other than a pedalcycle) shall be presumed to be
abandoned or junked under any of the following circumstances, but
the presumption is rebuttable by a preponderance of the evidence:
The vehicle is physically inoperable and is left unattended
on a highway or other public property for more than 48 hours.
The vehicle has remained illegally on a highway or other public
property for a period of more than 48 hours.
The 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
in 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 term "abandoned" shall not apply to any vehicle bearing
a current license plate and/or current inspection sticker until the
Police Department has tagged the vehicle with an orange tag and/or
has, by personal service or by regular mail, given notice to the registered
owner of the vehicle stating that if the vehicle is not removed within
48 hours of the date of the notice, the vehicle shall be deemed to
be abandoned or junked.
It shall be unlawful for any person, firm or corporation to
allow or to permit to remain upon any public or private grounds in
the Borough of Port Vue any accumulation of garbage and/or rubbish,
or an abandoned or junked vehicle, which are hereby declared to be
public nuisances.
A.
Borough Council, the Police Department and/or the Ordinance Officer
of the Borough of Port Vue shall have full power and authority to
investigate any accumulation of garbage and/or rubbish within the
Borough of Port Vue to determine whether the same constitutes a public
nuisance. Before any accumulation of garbage and/or rubbish shall
be caused to be removed, the proper representative of the Borough
of Port Vue shall give notice to any owner, owners and/or occupiers
of the public or private ground on which the nuisance exists by personal
service or by certified or registered mail to remove such nuisance
within 10 days of receipt of the notice. If the premises are vacant,
service of such notice shall be made by posting a copy thereof in
a conspicuous place on the premises and mailing a notice to the owner
or owners of the ground upon which such nuisance exists at said owner's
or owners' last known address.
B.
Any vehicle determined to be abandoned or junked on public property
and/or private property of the Borough of Port Vue shall be posted
with an orange 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. The Borough of Port Vue, furthermore, 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 has been towed and that the abandoned or junked
vehicle must be claimed within 30 days from the date of the notice
or the vehicle will be disposed of. Such owner shall be subject to
towing, storage and other fines and costs of prosecution. Such written
notice shall be sent to the owner's or owners' last known post office
address.
C.
Any vehicle determined to be abandoned or junked on private property
shall be posted with an orange 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. The Borough of Port Vue, furthermore, 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.
A.
In the case of accumulated garbage and/or rubbish, if the Borough of Port Vue has not been contacted by the owner, owners and/or occupiers of the public or private ground upon which the nuisance exists within the time limits set forth in § 227-14 of this article, the Borough Secretary shall send written notice to the owner, owners and/or occupiers of the ground upon which the accumulation of garbage and/or rubbish exists that the Borough will remove the aforesaid nuisance and collect the costs thereof, together with a penalty of 10% of such costs, from the owner, owners and/or occupiers of the ground upon which such nuisance exists, in the manner provided by law for the collection of municipal claims, or by action of assumpsit.
B.
In the case of abandoned or junked vehicles on private property in
the Borough of Port Vue, if the abandoned or junked vehicle is not
removed within 48 hours from the posting of the towing notice on the
vehicle or the day of the written notification by the Borough of Port
Vue, the Borough of Port Vue, or its designated representative, shall
send a written request to the Borough towing contractor to take possession
and tow the abandoned or junked vehicle to the towing contractor's
storage facility. The owner of said abandoned or junked vehicle shall
be subject to towing, storage and other fines and costs of prosecution.
C.
In addition to the foregoing penalties, any person, firm or corporation
who shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300.
