[Ord. 2118, 4/15/2008]
It is the purpose of this Section is to regulate the deposit,
storage, maintenance, parking or accumulation of abandoned vehicles
for the following reasons:
A.
The accumulation of abandoned vehicles poses a danger to the health,
safety, and welfare of the citizens of the Borough.
B.
Abandoned vehicles provide a harbor and breeding area for rodents,
insects and other animals.
C.
Abandoned vehicles create an attractive nuisance for children.
D.
The accumulation of abandoned vehicles on a property constitutes
the maintenance of a junkyard thereon.
[Ord. 2118, 4/15/2008]
The following words and phrases when used in this Section shall
have the meanings ascribed in this Section as follows:
Any vehicle found on public or private property not within
a completely enclosed structure or building such as a garage or accessory
building which is secured against potential health and safety hazards
or a vehicle on the premises of a business enterprise operated in
a lawful place and manner when necessary to the operation of such
business, and is found to be either:
A vehicle for which a certificate of junk has been issued by
the Pennsylvania Secretary of Revenue or the official designated by
any other state to issue such certificate.
Any vehicle which by its general appearance is unused, damaged
or partially dismantled, provided that on such vehicle it is found
that any of the following conditions exist:
If for more than 30 days its engine or motor or any other essential
part is inoperable or has been removed.
If for more than 30 days its tires or any tire has been deflated
or its wheel or wheels have been removed.
If it bears no official inspection sticker or any such sticker
has not been current for 30 days or more.
Any individual, partnership, limited partnership, association
or corporation; the use of the masculine shall include the feminine
and the neuter.
the same meaning as defined and prescribed in the Motor Vehicle
Code of the Commonwealth of Pennsylvania.
[Ord. 2118, 4/15/2008]
1.
It shall be unlawful to park, store or leave any motor vehicle of
any kind in a wrecked, junked, stripped, unlicensed or abandoned condition
on public property; and
2.
It shall be unlawful to create a danger to the health, safety, and/or
welfare of the citizens of the Borough by parking, storing or leaving
any motor vehicle of any kind in a wrecked, junked, stripped, unlicensed
or abandoned condition on private property, unless in a building,
and it shall be unlawful for the owner of such motor 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 be authorized
in conjunction with a business properly operated pursuant to other
laws of the Borough of Phoenixville.
[Ord. 2118, 4/15/2008]
If the Council of the Borough of Phoenixville or any of its
authorized agents finds that a violation of this Section exists, it
shall:
A.
In the case of an abandoned or junked vehicle located on public property,
process the vehicle and cause it to be taken into the possession of
a salvor in accordance with the Motor Vehicle Code.
B.
In the case of an abandoned or junked vehicle located on private
property, notify the owner of the property on which the violation
exists or the owner of the motor vehicle, or both, of the violation
and order the owner of said motor vehicle or vehicles within 30 days
thereof, and the owner of the property on which the motor vehicle
or vehicles are stored or parked within 30 days thereof, to remove
the motor vehicle or vehicles.
[Ord. 2118, 4/15/2008]
In the case of an abandoned or junked vehicle located on private
property, notice shall be given by personal service or by certified
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
owner of the motor vehicle cannot be ascertained, the posting of the
said notice or copies thereof on the real property, motor vehicle,
structure or area immediately adjacent thereto shall constitute sufficient
notice.
[Ord. 2118, 4/15/2008]
Should any person neglect or refuse to abate a nuisance pursuant
to § 15-1304(B) above, the Borough of Phoenixville shall
have the authority to abate or cause to be abated such nuisance after
30 days following notice to the owner of the vehicle or 30 days after
notice to the owner or occupier of the premises, and the Borough of
Phoenixville's authorized agents are hereby directed as follows:
A.
To secure, impound and immediately tow away and remove all abandoned
vehicles in violation of this Section and to store the same at such
storage garages or pounds as may from time to time be designated by
the Borough of Phoenixville for such purposes.
B.
To notify the owner of record, if such owner can be found, of such
vehicle within 12 hours of the impounding of the vehicle, designating
the place from which said vehicle was removed, the reasons for its
removal and impoundment, and the pound or storage garage in which
it has been impounded.
[Ord. 2118, 4/15/2008]
With the exception of the use of the facilities of the Borough of Phoenixville, said storage garage or pounds shall be bonded in an amount not less than $5,000 against the loss, injury or damage to any vehicles while in the custody of such poundkeeper pursuant to § 15-1306.
[Ord. 2118, 4/15/2008]
The owner of such vehicle impounded pursuant to § 15-1306 shall pay a towing charge and storage charges as set from time to time by resolution of Borough Council. The Borough of Phoenixville shall collect these costs plus 10% penalty in the same manner as other municipal claims or by an action of assumpsit.
[Ord. 2118, 4/15/2008]
Poundkeepers or storage garages as designated in this Part shall
store any abandoned vehicle for not less than 15 days, nor more than
60 days, after the owner has been notified of the impounding of said
vehicle; thereafter, said abandoned vehicle shall be disposed of in
accordance with the Motor Vehicle Code or in any other reasonable
manner.
[Ord. 2118, 4/15/2008]
In addition to any towing and storage charges as provided herein,
any person charged with a violation or violations of this Part shall,
upon due conviction by a District Justice, pay a fine to the Borough
of Phoenixville of up to $300, plus costs of prosecution, and/or undergo
imprisonment for a period not exceeding 90 days. A new and separate
offense shall be deemed to be committed for each day such violation
exists.
