[Adopted 4-24-1986 by Ord. No. 1356 (Ch. 10, Part 9, of the
1986 Code of Ordinances)]
A.
LESSEE
MOTOR VEHICLE
NUISANCE
OWNER
PERSON
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner, for the purpose of this article, when the lessor holds
the lessee responsible for maintenance and repairs.
Any type of mechanical device propelled by a motor, in which
persons or property may be transported upon public street or highways,
and including trailers or semitrailers pulled thereby.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
citizens of the City of Washington.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
B.
In this article, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance upon the open private grounds of such person,
owner or lessee within the City of Washington. A motor vehicle nuisance
shall include any motor vehicle which is unable to move under its
own power or does not have a valid registration (license) plate with
current stickers or current inspection sticker and has any of the
following defects:
A.
Broken windshields, mirrors or other glass, with sharp edges.
B.
One or more flat or open tires or tubes which could permit vermin
harborage.
C.
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
D.
Any body parts with sharp edges, including holes resulting from rust.
E.
Missing tires resulting in unsafe suspension of the motor vehicle.
F.
Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G.
Broken headlamps or taillamps with sharp edges.
H.
Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
I.
Protruding sharp objects from the chassis.
J.
Broken vehicle frame suspended from the ground in an unstable manner.
K.
Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
L.
Exposed battery containing acid.
M.
Inoperable locking mechanism for doors or trunk.
N.
Open or damaged floorboards, including trunk and fire wall.
O.
Damaged bumpers pulled away from the perimeter of vehicle.
P.
Broken grill with protruding edges.
Q.
Loose or damaged metal trim and clips.
R.
Broken communication equipment antennas.
S.
Suspended on unstable supports.
T.
Such other defects which could threaten the health, safety and welfare
of the citizens of the City of Washington.
A.
Any person, owner or lessee who has one or more motor vehicle nuisances as defined in § 222-14 above may store such vehicle(s) in the City of Washington only in strict compliance with the regulations provided herein. The motor vehicle nuisance(s) must be stored within a garage or other enclosed building or outside within an opaque fence at least six feet high which is locked at all times when unattended. With the special approval of the City Council of the City of Washington, motor vehicle nuisances may also be stored outside in an area enclosed by a chain-link fence at least six feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquid shall be removed from the motor vehicle, and it shall be kept free of vermin infestation while being stored.
B.
Nothing herein shall be construed to permit the storage of motor
vehicle nuisances contrary to the provisions of the City of Washington
Zoning Ordinance.
The maintaining or operating of a junkyard and/or scrap yard
and/or salvage yard is hereby declared to be a nuisance and an offensive
business, and from and after the effective date of this article, it
shall be unlawful for any person, firm, corporation or owner to engage
in the operation of a junkyard and/or scrap yard and/or salvage yard
on any public or private property.
The City of Washington police or any other employee or officer
of the City of Washington designated thereby for this purpose is authorized
to give notice, affixed to the motor vehicle, to the owner that a
motor vehicle is in violation of the provisions of this article and
directing and requiring him to remove or otherwise rectify the condition
within five days of posting said notice. The City of Washington police
or any other employee or officer of the City of Washington designated
thereby for this purpose is hereby empowered to inspect the grounds
on which motor vehicles are stored to determine if there is compliance
with the provisions of this article.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the conditions within the time
limit prescribed, the City of Washington shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections, plus 10% of all costs. The City of Washington, in
such event and pursuant to its statutory or otherwise authorized police
powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing. A written notice shall be served
by certified or registered mail on the owner of said premises, or
if the owner's whereabouts or identify are unknown, by posting
the notice conspicuously upon the offending premises, that such action
will be authorized within 10 days of service of the notice.
A.
Any person aggrieved by the decision of the City of Washington police
or any other employee or officer of the City of Washington designated
thereby for this purpose may request and shall then be granted a hearing
before the City Council, provided he files with the City Council within
10 days after notice of a decision by a City of Washington police
officer or any other employee or officer of the City of Washington
designated thereby for this purpose a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor.
The hearing shall commence not later than 30 days after the date on
which the petition was filed unless postponed for sufficient cause.
B.
After such hearing, the City Council shall sustain, modify or overrule
the action of the City of Washington police officer or any other employee
or officer of the City of Washington designated thereby for this purpose.
[Amended 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
The remedies provided herein for the enforcement of this article,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the City Council.
