[Adopted 4-13-1993 by Ord. No. 1553]
[1]
Editor's Note: See also Ch. 327, Vehicles, Abandoned or Junked.
The Council of the City of Clairton finds that the keeping or storing of motor vehicles or vehicle parts on private property under certain circumstances can constitute public nuisances and pose a threat to the health, safety and welfare of the residents of the City, detract from the aesthetic appearance of the community and contribute to the further decline of real estate values in the City, and therefore the Council deems it necessary to regulate, restrain or eliminate the keeping or storing of motor vehicles or motor vehicle parts under the circumstances as set forth herein.
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LESSEE
Owner for the purpose of this article when the lessor holds the lessee responsible for maintenance and repairs.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways and including trailers or semitrailers pulled thereby and further including any parts of motor vehicles as defined herein.
NUISANCE
Any condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the residents of the City.
OWNER
The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
PERSON
A natural person, firm, partnership, association, corporation or other legal entity.
It shall be unlawful for any person, owner or lessee or agents thereof to keep, maintain, park or store a motor vehicle nuisance on private property in the City. A motor vehicle nuisance shall include any motor vehicles or motor vehicle parts which are subject to any of the following defects or conditions:
A. 
Missing or open doors, windows, hood, trunk or other vehicle body parts, flat or open tires or tubes, torn or open upholstery and any other conditions relating to vehicles or vehicle parts which would permit or encourage infestation or harborage by rats, mosquitoes, cockroaches, flies, ticks, snakes or other rodents, vermin or vectors.
B. 
Broken windshields, mirrors, headlamps, tail lamps or other glass with sharp edges or damaged, broken or protruding body parts of any type with sharp edges capable of causing injury, including but not limited to holes in the vehicle body resulting from rust, disassembled or protruding chassis or body parts, damaged bumpers, grilles or antennas or loose or damaged metal trim, or inoperable locking mechanisms for doors, trunk or hood.
C. 
Inadequate or unsafe suspension or support of a motor vehicle or motor vehicle part resulting from missing tires, broken vehicle frames, disassembled chassis parts or other condition.
D. 
Leakage or exposure of gasoline, oil, battery acid, grease or other chemicals or pollutants which would pose a danger of fire, combustion or explosion or which would threaten contamination of the surrounding soil, air or water.
E. 
Contributing to the uncontrolled growth of brush, grass and weeds or the uncontrolled collection of garbage, rubbish, refuse or any other solid waste.
F. 
Such other defects or conditions which could pose a threat to the health, safety and welfare of the residents of the City.
The keeping, maintaining, parking or storing of a motor vehicle nuisance shall be permitted within a secured garage or other approved, enclosed and secured structure or when properly kept, maintained, parked or stored in junkyards or commercial garages which are permitted and authorized in accordance with the laws of the Commonwealth of Pennsylvania and the City of Clairton.
A. 
All police officers and code enforcement officials of the City of Clairton are hereby empowered to enter upon and inspect private property on which motor vehicles or motor vehicle parts are kept, maintained, parked or stored to determine if there is compliance with the provisions of this article.
B. 
In the event that a violation of this article is found, a written notice shall immediately be served by certified mail or by personal service upon the owner of the private property on which a motor vehicle nuisance is being kept, maintained, parked or stored in violation of this article. If the owner of property on which the motor vehicle nuisance is located cannot be found or identified, then the notice of violation shall be posted upon the vehicle or vehicle part.
C. 
Said notice shall specify the defects or conditions which have been determined to constitute a violation of this article, shall state the date and time of the investigation and a description of vehicles or vehicle parts involved and shall require the removal of said vehicles or vehicle parts within five calendar days of the receipt or posting of the notice hereunder.
If the owner of such property does not comply with the notice to abate the defects or conditions found within the time period prescribed, the City shall have the right and power to enter upon the property and shall have the authority to take such actions as are necessary to correct said defects and conditions, including the towing and removal of the vehicles and vehicle parts at the owner's expense, and to recover all costs of such correction.
A. 
Any person aggrieved by the enforcement of this article may request and shall then be granted a hearing before the City Council; provided, however, that within five days from the date of receipt or posting of the written notice, the grievant shall:
(1) 
File a written appeal with the City Manager, which shall include a detailed statement setting forth grounds for the appeal; and
(2) 
Submit at the time of filing the appeal payment of a fee in the amount of $100 to cover a portion of the cost of the appeal and hearing.
B. 
The hearing shall commence not later than 30 days after the date on which the written appeal was filed, unless postponed for sufficient cause or by agreement of the parties.
C. 
Within 30 days of the date of said hearing, the City Council shall sustain, modify or overrule the action of the police officer or code enforcement official.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000 and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.
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.