[HISTORY: Adopted by the City Council of the City of Monessen 9-15-2010 by Ord. No.
11-2010. Amendments noted where applicable.]
A.
The owner and occupiers, which shall include tenants, lessees and/or occupants, of private real property within the City upon which a junk vehicle, as defined in § 375-21 of the Zoning Ordinance of the City, is kept, in violation of § 375-33C of the Zoning Ordinance, as amended, shall jointly and severally be responsible for the removal of the junk vehicle from the identified private property, and shall, upon notification by the City, remove the junk vehicle to a completely enclosed structure, so that it is not visible from the outside, or otherwise remove the junk vehicle to a location outside the City;
B.
The owner of the vehicle, and the owner of the real property and
its occupier (if any), are responsible to remove the junk vehicle,
or make repairs and/or title compliance requirement so the vehicle
is no longer a "junk vehicle" within 14 days of the date of the notice;
C.
The failure of the vehicle owner or property owner and/or occupier
or any or all of them to comply within 14 days shall constitute a
violation of this chapter and shall subject those persons to the issuance
of a summary citation which, upon conviction, shall result in a fine
of not less than $200 nor more than $600, plus costs. Each day during
which those persons shall fail to comply shall constitute a separate
offense.
A.
Means of notice.
(1)
A City Code Enforcement Officer shall verify through the City Police Department whether the junk vehicle is registered with the Commonwealth of Pennsylvania. If the vehicle is registered and the registered owner resides within the City, the Code Enforcement Officer shall serve the notice described below upon the owner at his or her address either by personal service upon the owner or an adult member of his or her household. If service may not be accomplished as described above, the notice may be posted conspicuously upon said premises. The owner shall have a period of 10 days from service of the notice to dispose of the junk vehicle as described in § 367-1. If the vehicle owner has an address outside of the City, then the notification shall be sent to the owner by certified mail, return receipt requested and a copy posted conspicuously upon the vehicle. Those methods shall constitute valid service.
(2)
If the junk vehicle is not registered with the Commonwealth, the
Code Enforcement Officer shall make a good faith effort to ascertain
whether the real property owner, or any tenant, lessee and/or occupant
of the property upon which the junk vehicle is located claims ownership
of the vehicle. If so, he or she shall be served with the notice.
If no registered owner is listed and if there is no tenant, lessee
or other occupant who claims ownership, then the Code Enforcement
Officer may place the notice on the vehicle, and said act shall constitute
valid notice of the ordinance violation to the junk vehicle owner.
Nothing contained herein shall prevent the City from taking immediate
action relative to the vehicle to safeguard those in its vicinity
if it poses an immediate health or safety hazard.
(3)
The Code Enforcement Officer shall provide the notice prescribed
herein to the record owner of the private property upon which the
junk vehicle is located by personal service, or by first class mail
to the record owner's address and posting a copy of the notice
in a visible place upon the private property upon which the junk vehicle
is located;
(4)
The Code Enforcement Officer shall provide the notice prescribed
herein to the tenant, lessee and/or occupier, if any, of the private
real property upon which the junk vehicle is located by personal service
or by placing in a mailbox on the property or by mailing the notice
by first class mail to the address upon which the junk vehicle is
located and posting a copy of the prescribed notice upon the private
property upon which the junk vehicle is located.
B.
Contents of notice. The notice required by this chapter shall contain
the following information:
(1)
Name of last registered vehicle owner and vehicle license number,
if a license plate is on the vehicle;
(2)
Name and address of record property owner; and of tenant, lessee
or occupant (if any);
(3)
Property address upon which the junk vehicle is present;
(4)
Description of junk vehicle (make, model and, if ascertainable, VIN),
and including reasons for the Code Enforcement Officer's determination
that the subject vehicle is a "junk vehicle" under the City's
ordinance;
(5)
The procedure for compliance, and the City's procedure following
noncompliance, as set forth in this chapter.
(6)
The notice may contain the address, telephone number and contact
person of the location to which the City will remove and store the
junk vehicle if the notice's requirements are not met. If the
City has not included that information within the notice, the City
shall state that information in writing, which information shall be
posted in a visible location on the real property from which the junk
vehicle is removed and shall be placed into the United States Mail
to the vehicle owner, if known, and to the owner and occupier (if
any) of the real property from which the junk vehicle was removed,
within 24 hours of the removal of the junk vehicle. If the address
and location of the storage site are not included in the original
notice, the thirty-day period to pay the costs of removal and storage
of the junk vehicle shall begin to run at midnight immediately following
the posting and mailing of notice of the storage location.
Upon failure of the vehicle owner or property owner or occupier,
including tenants, lessees, or occupants, to remove the junk vehicle(s)
to a completely enclosed area or from the identified private property
to a location outside the City, after notice by the City, such persons
shall, upon conviction, be sentenced to pay a fine of not less than
$200 nor more than $600. Each day during which the owner or occupier
permits such nuisance to exist shall be deemed to be a separate offense.
Any fine imposed is separate from the City's costs for removal
and storage of the junk vehicle.
A.
Noncompliance with the chapter within 14 days after notice shall
authorize the City Code Enforcement Officer, and the City's towing
designee, without further notice, to enter the private property and
remove the junk vehicle(s) to a location chosen by the City, where
the vehicle shall remain for 30 days in order to provide for the payment
of the costs of removal and storage of the vehicle;
B.
Pursuant to the laws of the Commonwealth, the City may sell the junk
vehicle if the costs of removal and storage have not been paid within
30 days of placement in storage. The proceeds of the sale shall be
applied by the City to its costs for removal and storage of the junk
vehicle;
C.
The City may file a lawsuit against the vehicle owner and the owner
and/or occupier of the private real property upon which the junk vehicle
was removed by the City, or any or all of them, in order to recover
the costs incurred by the City for removal and storage of the junk
vehicle(s) which were unreimbursed by the sale or attempt to sell
the junk vehicle;
D.
The City may file a municipal claim of record against the vehicle
owner and the owner of the private real property from which the junk
vehicle is removed in order to secure the City's right to recover
the costs incurred by the City for removal and storage of the junk
vehicle which were unreimbursed by the sale or attempt to sell the
junk vehicle;
E.
If the proceeds of such sale exceed the costs of removal and storage,
the balance shall be paid to said private property owner or occupant,
or the junk vehicle owner, as their rights and interests may appear,
and if identified and located, or otherwise such funds shall be deposited
in the City's General Fund for its use.
Notwithstanding the above provisions, the City may file a municipal
claim of record against the owner of the private real property from
which said junk vehicle is removed for the cost of removal if the
cost of removal and storage exceeds the proceeds received at the sale
thereof, or if no sale can reasonably be accomplished.
