[HISTORY: Adopted by the Borough Council
of the Borough of Edgewood 12-1-2003 by Ord. No. 984. Amendments noted where applicable.]
This chapter entitled "Regulation of Abandoned
Motor Vehicles" is hereby adopted to read as follows.
For the purpose of this chapter, certain words
and terms are defined as herein indicated:
One that:
Is left upon a public street or highway within
the Borough in violation of a law or ordinance prohibiting parking;
Is in such a state of disrepair as to be incapable
of being moved under its own power;
Is missing one or more tires or wheels;
Is in a dismantled or partially dismantled condition;
Does not have a current license plate affixed;
If applicable, does not have a current inspection
sticker affixed; or
Is left on private property within the Borough
without the consent of the owner, occupant or lessee thereof, for
longer than two hours.
One that is designed for attachment to motor vehicles for
the purpose of transporting persons or goods:
Is left upon a public street or highway within
the Borough in violation of a law or ordinance prohibiting parking;
Is in such a state of disrepair as to be incapable
of being moved;
Is missing one or more tires or wheels;
Is in a dismantled or partially dismantled condition;
Does not have a current license plate affixed;
or
Is left on private property within the Borough
without the consent of the owner, occupant or lessee thereof, for
longer than two hours.
The Chief of Police and the Borough Code Enforcement Officer
are designated as authorizing officials and either may authorize the
removal of vehicles under the provisions of this chapter.
The Borough of Edgewood in Allegheny County.
The Council of the Borough of Edgewood.
Any act which poses any public danger, inconvenience or distraction
or which constitutes a threat to the public health, welfare and safety.
A nuisance in fact as it relates to this chapter shall include, but
is not limited to, an abandoned motor vehicle or an abandoned motor
vehicle trailer that is found to be:
A breeding ground or harbor for mosquitoes,
other insects, rats or other pests;
A point of heavy growth of weeds or other noxious
vegetation over eight inches in height;
A point of collection of pools or ponds of water;
A point of concentration of quantities of gasoline,
oil or other flammable or explosive materials as evidenced by odor;
So situated or located that there is a danger
of it falling or turning over;
One which is a point of collection of garbage,
food waste, animal waste, or any other rotten or putrescent matter
of any kind;
One which has sharp parts thereof which are
jagged or contain sharp edges of metal or glass; or
Any other vehicle specifically declared a health
and safety hazard and a public nuisance by the Police Chief, Borough
Code Enforcement Officer or the Council of the Borough of Edgewood.
A zoning lot as defined in Chapter 200, Zoning.
The outdoor storage or parking of any abandoned
motor vehicle or abandoned motor vehicle trailer, or any combination
thereof, on any zoning lot where said storage or parking is not a
permitted use within the Borough for a period of 10 consecutive days
or longer is prohibited.
The outdoor storage or parking of any abandoned
motor vehicle or abandoned motor vehicle trailer, or any combination
thereof, on any street, public property or private property for a
period of more than 24 hours is prohibited.
A.
The Borough shall notify the owner(s) of the private
property where any abandoned motor vehicle(s) and/or abandoned motor
vehicle trailer(s) are unlawfully stored thereby directing that the
same be removed within 10 days of such notice.
B.
The Borough shall also notify the last known registered
owner(s) of the abandoned motor vehicle(s) and/or abandoned motor
vehicle trailer(s) that are unlawfully stored thereby directing that
the same be removed within 10 days of such notice.
C.
Notice may be given either by regular first class
United States Postal Service mail delivery, by certified or registered
United States Postal Service mail delivery, by personal service or
by posting the premises.
A.
If an abandoned motor vehicle(s) or abandoned motor vehicle trailer(s) on private property is/are nuisances in fact and are not removed within the notice period in accordance with § 194-5 of this chapter, the authorizing authority shall remove said abandoned motor vehicle(s) and/or abandoned motor vehicle trailer(s) from said private property.
B.
Any such abandoned motor vehicle(s) or abandoned motor
vehicle trailer(s) parked or stored on streets or public property
shall be removed forthwith by the authorizing authority or his or
her designee.
A.
All costs and expenses incurred by the Borough for
removal of abandoned motor vehicle(s) and/or abandoned motor vehicle
trailer(s), together with an administrative charge of 15%, shall be
charged against the owner of the property from which the abandoned
motor vehicle(s) and/or abandoned motor vehicle trailer(s) were removed.
B.
Should said charges not be paid when due, the Borough
Manager shall certify the same to the Borough Solicitor who shall
file a municipal lien and claim thereafter in the Allegheny County
Prothonotary's Office.
A.
In addition to the remedies set forth above, any person
or entity violating any provision of this chapter shall, upon summary
conviction thereof before any magistrate, pay a fine in an amount
not exceeding $1,000, together with the costs of prosecution.
B.
In default of the payment of the fine and costs, said
person shall be subject to imprisonment in the Allegheny County Jail
for a period not exceeding 30 days.
C.
Each day that a violation of this chapter continues
to exist shall be considered a separate offense and may be punishable
as such.
