City of Latrobe, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of Latrobe 7-13-1981 by Ord. No. 1981-2 as Ch. X, Part 3, of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Junk and scrap accumulations — See Ch. 72.
Zoning — See Ch. 166.

§ 92-1 Unlawful acts.

[Amended 7-14-2003 by Ord. No. 2003-8; 11-10-2003 by Ord. No. 2003-12; 8-9-2004 by Ord. No. 2004-9]
A. 
From and after the effective date of this chapter, the open or unsheltered accumulation or storage of tires (whether on rims or not on rims) and/or unused, stripped, junked, wrecked and/or partially dismantled automobiles or automobiles otherwise unusable for the purpose for which it was manufactured; and/or of any other vehicles, machinery, equipment or personal property of any kind or nature, which is no longer safely usable for the purpose for which it was originally manufactured; and/or the unsheltered accumulation or storage of machinery, equipment, or personal property which is intended primarily and is customarily used indoors, by any person ("person" being defined as an individual, corporation, or other form of business enterprise) within the municipal lines of Latrobe, shall be deemed a nuisance dangerous to the public health, safety and general welfare of the residents of Latrobe, is hereby prohibited and shall be subject to the sanctions and penalties set forth in §§ 92-2, 92-3 and 92-4 of this chapter.
B. 
It shall be a violation of this section for any person ("person" being defined as an individual, corporation, or other form of business enterprise) to store openly or under a tarpaulin, any vehicle which does not have a current inspection sticker and/or a current license registration if said vehicle is required to be inspected and registered under the laws of the Commonwealth of Pennsylvania. Any vehicle which does not comply with the within section shall be deemed to be a public nuisance in violation of the requirements for the storage of personal property as set forth in Subsection A above, shall be prohibited and shall be subject to the sanctions and penalties set forth in §§ 92-2, 92-3 and 92-4 of this chapter.

§ 92-2 Abatement of nuisance; notice.

[Amended 5-11-1998 by Ord. No. 1998-4; 8-9-2004 by Ord. No. 2004-9]
The owners, tenants, lessees or occupants of any lot of ground or other parcel of real estate within the limits of Latrobe upon which there occurs accumulation or storage of tires (whether on rims or not on rims) and/or unused, stripped, junked, wrecked and/or partially dismantled automobiles or automobiles otherwise unusable for the purpose for which it was manufactured; and/or of any other vehicles, machinery, equipment or personal property of any kind or nature, which is no longer safely usable for the purpose for which it was originally manufactured; and/or the unsheltered accumulation or storage of machinery, equipment, or personal property which is intended primarily and is customarily used indoors, as set forth in § 92-1, shall be individually and jointly responsible for the abatement of the nuisance created thereby and shall, upon written notice by ordinary mail to the occupant and owner, if not owner occupied, at the last-known address of each by the Code Enforcement Officer of Latrobe, promptly remove the property into a completely enclosed building within 10 days of the receipt of written notice of violation, or otherwise remove said property to a location beyond the municipal lines of Latrobe within the said ten-day compliance period. Such removal must be completed on or before the number of days for compliance as set forth in notice, to be calculated from date of service upon the owner, tenant, lessee or occupant of the lot or parcel of land concerned.

§ 92-3 Violations and penalties.

[Amended 4-23-1996 by Ord. No. 1996-5]
If such personal property is not so removed within the time specified in § 92-2 after the service of notice, information for the violation of this chapter shall be brought by the Code Enforcement Officer in the office of the District Justice against the owner, tenant or occupant who, upon conviction thereof, may be subject to a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to a period of imprisonment not to exceed 30 days for each separate offense, and each day during which the nuisance is permitted to exist unabated after the expiration of the thirty-day period after receipt of notice shall be deemed a separate offense.

§ 92-4 Abatement; costs.

[Amended 4-23-1996 by Ord. No. 1996-5; 8-9-2004 by Ord. No. 2004-9]
In addition to the penalties otherwise provided in this chapter, Latrobe shall have the right, but not the obligation, to remove the property after the expiration of the ten-day period to a location selected by Latrobe for storage. Latrobe, through the Code Enforcement Officer, shall notify the last-known owner of the property so removed, and said notice shall also be sent to the last-known address of the owner of the parcel of land upon which said property was situate, that said property has been relocated. Both shall also be notified of the address of the location of storage and shall, further, be given notice that the property shall be sold or disposed of by Latrobe on or before the expiration of 20 days from the service of this notice if the removal and storage charges are not paid by the owner of said property, or the owner of the parcel of land upon which said property was situate, and if the person(s) so notified have not otherwise complied with the terms of this chapter and other ordinances of Latrobe.
A. 
In the event that either of the person(s) so notified do not comply, then the property may be sold by Latrobe for the payment of removal and storage charges, and in the event that the proceeds from such sale are insufficient to pay the costs of removal and storage, the person(s) so notified shall be liable to Latrobe for the balance of the costs, and if not paid, such costs shall be recoverable by Latrobe as other amounts due Latrobe are collected. If the property cannot reasonably be sold, then the same will be treated as abandoned and may be disposed of by the City as it deems appropriate.
B. 
Latrobe shall have any and all rights and remedies available, including but not limited to an action at law or in equity, which said remedies shall be accumulative and not exclusive, against the owner(s) of the parcel of ground upon which the violation occurred or against the owner(s) of the property which is the subject of the violation. Latrobe shall have the right to file a municipal lien or claim of record against the owner(s) of the lot or parcel of ground from which the property is removed for the cost of removal, storage, sale and/or disposal, if such costs are in excess of the proceeds from any sale thereof.