[HISTORY: Adopted by the Borough Council of the Borough of Marcus Hook 10-7-1968 by Ord. No. 654, approved 10-7-1968. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 191.
The purpose of the chapter is to protect the health, safety, morals and welfare of the citizens of the Borough by causing the removal of abandoned, illegally parked, stored, wrecked, junked and stripped automobiles from both public and private property and to abate public nuisances caused by the storage of, parking of and accumulation of such automobiles which are detrimental to the health, safety, morals and welfare of the citizens of the Borough and which constitute a peril to highway and traffic safety.[1]
[1]
Editor's Note: Former Article II of this chapter, which dealt with abandonment of vehicles on public property, has been deleted as having been superseded by Article V, Removal and Impounding of Certain Vehicles, of Ch. 191, Vehicles and Traffic.
It shall be unlawful to park, store or leave any vehicle of any kind in a wrecked, junked, stripped or abandoned condition, or any automobile, whether occupied or not, in a place where its presence constitutes a hazard on private property, or for the owner of such automobile or vehicle or the owner or occupant of any property to allow, permit or suffer the same to be left upon any privately owned property unless the same is authorized in conjunction with a business properly operated pursuant to the zoning laws and other laws of the Borough.[1]
[1]
Editor's Note: See Ch. 196, Zoning.
[Amended 7-2-1990 by Ord. No. O-90-1, approved 7-2-1990]
If the Police Department or the Borough Secretary or any of their authorized agents find that a violation of this chapter exists, the Police Department or the Borough Secretary shall notify the owner of the property on which the vehicle is stored or parked or the owner of the vehicle, or both, of the violation and request either or both of said owners to remove said motor vehicle or vehicles within five days thereof or any other reasonable time as the conditions warrant.
Notice shall be given by personal service or registered mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or the vehicle owner cannot be ascertained, the posting of the said notice or copies thereof on the real property, vehicle, structure or area immediately adjacent thereto shall constitute sufficient notice.
Within two days after notice, the party or parties affected may request a hearing by filling out a written request with the Borough Secretary.
If a hearing is not requested within the two-day period, the said notice shall become an order and the parties affected shall proceed to remove or have removed the vehicle or vehicles in question from the property in question in accordance with the notice and order.
On proper request, a hearing on the matter shall be given forthwith, and where more than one party is involved, it shall be the duty of the party requesting the said hearing to notify all other parties affected or interested of the time and place of the impending hearing.
If the violation complained of shall not have been remedied within the period as required by the order, the Borough of Marcus Hook shall, through its own agents, contractors and/or employees, remedy the violation and charge the costs thereof to the real property owner on whose property the vehicle or vehicles are located. Said costs shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien on the said realty, which shall be filed by the Solicitor upon receipt of all information.
Nothing in this chapter shall prevent duly authorized police officials from removing from private property, without notice, any attended or unattended automobile or vehicle, the presence of which constitutes a hazard or a threat to the life, health, safety, welfare and morals of the citizens of the Borough of Marcus Hook and which is immediately dangerous and, in the opinion of the authorized police officials, constitutes a nuisance which gives rise to the existence of emergency conditions.
[Amended 7-2-1990 by Ord. No. O-90-1, approved 7-2-1990]
The provisions of Article V of Chapter 191, Vehicles and Traffic, concerning the place of storage, towing and charges therefor and the bonding provisions and the recording of any removal and impounding, shall be followed in any procedure under this chapter where the same do not conflict with any provision of this chapter.
[Amended 9-6-1988 by Ord. No. O-88-5, approved 9-6-1988]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable for each offense by a fine of up to the maximum amount provided from time to time by state statute.