Borough of Lansdowne, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lansdowne 8-15-1967 by Ord. No. 855. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 225.
Property Maintenance Code — See Ch. 255.
Solid waste — See Ch. 280.
Streets and sidewalks — See Ch. 294.
Towing — See Ch. 303.
Vehicles and traffic — See Ch. 312.
The following definitions shall apply to the interpretation and enforcement of this chapter:
ABANDONED VEHICLES
Vehicles which by their appearance are unused. Evidence for such determination shall be general appearance, damage, partial dismantling, lack of current registration or inspection sticker, location on property and general circumstances surrounding such vehicle. An abandoned vehicle, not otherwise a nuisance, shall not include a vehicle in an enclosed building and a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY
Any real property within the Borough which is not a street or highway.
STREET or HIGHWAY
The entire width between the boundary lines of every street publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and to transport persons or property or pull machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors and construction equipment.
VEHICLE OWNER
The registered owner of record of any real estate or the tenant, lessee, occupant or other person for the time being in possession of such real property.
No person shall permit any abandoned vehicle to remain on the streets or highways or other property within the Borough of Lansdowne for a period of more than 72 hours.
Whenever an abandoned vehicle is determined to be a nuisance and in violation of this chapter by the Chief of Police or the Police Committee of the Borough Council or the Borough Council, notice shall be given to either the vehicle owner or the property owner or both persons to remove such vehicle within 72 hours. Failure to remove such vehicle within 72 hours shall be a violation of this chapter.
The Chief of Police or the Borough Manager or persons designated by them are hereby authorized to remove any abandoned vehicle declared to be a nuisance and not removed by the vehicle owner or property owner in accordance with this chapter. Such vehicle shall be impounded in an appropriate storage area within or outside of the Borough. Any impounded vehicle may be lawfully claimed and delivered to the owner upon payment of the costs of removal and storage, together with a penalty of 10% of such cost.
Any impounded vehicle may be destroyed or sold for junk when authorized by the Secretary of Revenue in accordance with Section 1223 of the Vehicle Code.[1] At the election of the Chief of Police or the Borough Manager, impounded vehicles may be sold for unpaid storage charges in accordance with the Act of 1863, December 14, P.L. 1127,[2] or any other authorized mode of destruction, sale or disposition.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See 6 P.S. § 15 et seq.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]
Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be fined in an amount not exceeding $600, plus the cost of prosecution and the cost incurred by the Borough in the enforcement of this chapter. In default of payment of the fine or penalty imposed and the costs, such person shall be committed to the county jail for a period not exceeding 30 days. Enforcement of this chapter shall be in accordance with Article XXXIII of the Borough Code.[1] Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[1]
Editor's Note: See 53 P.S. § 45101 et seq.