[HISTORY: Adopted by the Borough Council of the Borough of Glenolden 6-10-1976 by Ord. No. 792, approved 6-10-1976.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 157.
As used in this chapter, the following words and terms shall be defined
as follows:
A vehicle which is found unattended without the current year's
registration or identification markers as required by law and has been continuously
parked or stored on private property for a period of 10 days and is so disabled
as to be incapable of being operated under its own power or is without one
or more of its tires.
Any motor vehicle which is no longer in actual use as a motor vehicle
or which is wholly unfit to be operated or has been discarded for use.
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 or stripped motor vehicles from
private property and to abate public nuisances caused by the storage or parking
of an accumulation of such motor vehicles which are detrimental to the health,
safety, morals and welfare of the citizens of the Borough.
It shall be unlawful to park, store or leave any motor vehicle of any
kind in a wrecked, junked, stripped or abandoned condition in a place where
its presence constitutes a hazard on private property, or 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 is authorized in connection with a business properly operated pursuant
to the zoning laws[1] and other laws of the Borough.
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
motor 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 he given by personal service or registered mail to the
last known address of the violator. In the event that, upon 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 five days after notice, the party or parties affected may request
a hearing by filing a written request with the Borough Secretary. Said hearing
shall be conducted before the District Justice. The issue at said hearing
shall be whether or not the activity complained of in the case constitutes
a nuisance.
If a hearing is not requested within the five-day period, the said notice
shall become an order and the parties affected shall proceed to remove or
have removed the motor 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
before the aforesaid District Justice, 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 Glenolden 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 motor vehicle
or vehicles are located. In addition to said costs, the Borough shall be entitled
to collect a penalty sum of 10% of such costs. Said costs and penalty shall,
after a proper demand and refusal 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
motor vehicles, the presence of which constitutes a hazard or threat to the
life, health, safety or welfare and morals of the citizens of the Borough
of Glenolden and which is imminently dangerous and, in the opinion of the
authorized police officials, constitutes a nuisance which gives rise to the
existence of emergency conditions.
Removal by the Police Department of a motor vehicle as called for herein
shall be to the nearest garage or lot or other place of safety or to a garage
designated or maintained by the Police Department or otherwise maintained
by the Borough.
The Borough Council shall designate one or more storage garages or lots
as approved storage garages or lots for the storage of impounded vehicles.
Every such approved storage garage shall post a bond in the amount of
$2,000, to be filed with the Borough Secretary, for the indemnification of
the owner of any such impounded vehicle against the loss thereof or injury
or damage thereto while in the custody of said garage keeper.
[Amended 10-14-1976 by Ord. No. 794,
approved 10-14-1976; 2-14-1991 by Ord.
No. 963, approved 2-14-1991]
The Council of the Borough of Glenolden, by resolution or motion, shall
from time to time establish the fair and reasonable charges for the towing
and storage of any vehicle removed and impounded under the authority of this
chapter.
Within 12 hours of the time of removal of any motor vehicle under authority
granted in this chapter, notice of the fact that such vehicle has been impounded
shall be sent by the Police Department to the owner of record of such vehicle
and the real property owner from whose land said vehicle was removed. Such
notice shall designate the place from which said vehicle was removed, the
reason for its removal and the garage or lot in which it shall have been impounded.
The payment of any towing and storage charges authorized by this chapter
shall, unless such payment shall have been made under protest, be final and
conclusive and shall constitute a waiver of any right to recover the money
so paid.
In the event that any towing or storage charges so imposed shall be
paid under protest, the offender shall be entitled to a hearing before a District
Justice or court of record having jurisdiction.
The Police Department shall keep a record of all motor vehicles impounded
and shall be able at all times to furnish the owners or agents of the owners
thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges shall not operate to relieve
the owner of any motor vehicle or owner of any real property on which said
vehicle was parked, stored or abandoned from liability for any fine or penalty
for the violation of any law or ordinance on account of which the said motor
vehicle was removed and impounded.
No motor vehicle shall be removed under the authority of this chapter
if, at the time of the intended removal thereof, the owner or the landowner
on whose property said motor vehicle is standing is present and expresses
a willingness and intention to remove such motor vehicle immediately.
[Amended 12-9-1982 by Ord. No. 867,
approved 12-9-1982]
Any person who shall violate any section of the chapter shall, upon
conviction before a District Justice, pay a fine of not less than $25 nor
more than $100 or, in default thereof, be imprisoned in the county jail for
a period not exceeding 30 days.
