[HISTORY: Adopted by the Board of Commissioners of the Township of South Fayette 4-17-2000 by Ord. No. 2-2000. (This ordinance also repealed former Ch. 231, Vehicles, Motorized, adopted 11-16-1998 by Ord. No. 409.) Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein, unless a different meaning appears from the context.
- ENFORCEMENT OFFICER
- A person(s) or entity designated by the Township of South Fayette to enforce its ordinances.
- NUISANCE VEHICLE
- Any vehicle, as defined in the definition of "vehicle," which does not have lawfully affixed thereto an unexpired license plate, if the vehicle is required to be licensed in the Commonwealth of Pennsylvania or any other state, or a current motor vehicle safety inspection certificate, if required by the Commonwealth of Pennsylvania or any other state in which the vehicle is registered for operation of the vehicle on public highways, or the condition of the vehicle is wrecked, dismantled, inoperative, abandoned or discarded.
- Any person, firm, partnership, association, corporation, company, organization or other legal entity.
- PRIVATE PROPERTY
- Any real property located within the township which is owned by a person and which is not public property as defined in this section.
- PUBLIC PROPERTY
- Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility.
- The Township of South Fayette.
- Any motorized vehicle which is and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts and campers or trailers or other such vehicles designed or modified to be towed or otherwise propelled by a motorized vehicle.
- WRECKED AND DISMANTLED
- A motor vehicle which is unable to move under its own power and containing any one of the following defects:
- (1) Broken windshields, mirrors or other glass, with sharp edges.
- (2) One or more flat or open tires or tubes which could permit vermin harborage.
- (3) Missing doors, windows, hood, trunk or other body parts which could permit animal harborage.
- (4) Any body parts with sharp edges, including holes resulting from rust.
- (5) Missing tires resulting in unsafe suspension of the motor vehicle.
- (6) Upholstery which is torn or open, which could permit animal and/or vermin harborage.
- (7) Broken headlamps or tail lamps with sharp edges.
- (8) Disassembled chassis parts apart from the motor vehicle, stored in a disorderly fashion or loose in or on the vehicle.
- (9) Protruding sharp objects from the chassis.
- (10) Broken vehicle frame suspended from the ground in an unstable manner.
- (11) Leaking or damaged oil pan or gas tank which could cause fire or explosion.
- (12) Exposed battery containing acid.
- (13) Inoperable locking mechanism for doors or trunk.
- (14) Open or damaged floor boards, including trunk and firewall.
- (15) Damaged bumpers pulled away from the perimeter of vehicle.
- (16) Broken grill with protruding edges.
- (17) Loose or damaged metal trim and clips.
- (18) Broken communication equipment antennas.
- (19) Suspended on unstable supports.
- (20) Such other defects which could threaten the health, safety and welfare of the citizens of the Township of South Fayette.
When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory.
No person shall park, store, leave or permit the parking, storing or leaving of any nuisance vehicle, whether attended or not, upon any public or private property within the Township of South Fayette for a period of time in excess of 72 hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the Township of South Fayette and properly operated in the appropriate business zone, pursuant to the zoning laws of the Township of South Fayette, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways.
Whenever it comes to the attention of the Enforcement Officer that any violation, as defined in § 231-2 of this chapter, exists in the Township of South Fayette, the Enforcement Officer shall serve a notice upon the occupant of the land where the nuisance exists or, in case there is no such occupant, then upon the owner of the property or his agent and the owner of the vehicle if that information is available from public records, notifying them of the existence of the nuisance vehicle and requesting its removal in the time specified in this chapter.
The owner of the nuisance vehicle and the owner or occupant of the private property upon which the same is located shall be jointly and severally responsible for its removal. In the event of removal and/or disposition by the Township of South Fayette, the owner or occupant of the private property where the same is located and the owner of the vehicle shall be jointly and severally liable for the expenses incurred to remove the vehicle.
The Enforcement Officer shall give written notice of removal to the persons identified in § 231-4 above at least 10 days before the time of compliance. It shall constitute sufficient notice when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by certified mail, return receipt requested, to the owner or occupant of the private property at his/her last known address, and the owner of the vehicle, if known, at his/her last known address.
The notice shall contain the request for removal of the nuisance vehicle within 10 days, and the notice shall advise that upon failure to comply with the notice of removal, the township or its designee shall undertake such removal, with the cost of removal to be levied against the owner or occupant of the property and the owner of the vehicle.
If the violation described in the notice has not been remedied within the ten-day period of compliance, the Enforcement Officer shall have the right to take possession of the motor vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.
Within 48 hours of the removal of such vehicle, the Enforcement Officer shall give written notice to the owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed that said vehicle is stored and provide the location of the vehicle and the costs incurred by the township for removal.
Upon removing a vehicle under the provisions of this chapter and upon providing the required notice provided herein, the township may, after 20 days, cause it to be destroyed, sold or otherwise disposed of by the township or its designated representative by any means authorized by law.
The owner of any vehicle seized under the provisions of this chapter may redeem such vehicle at any time after its removal, but prior to the sale or destruction thereof, upon proof of ownership and payment of the actual and reasonable expenses of removal and storage, including legal fees incurred by the township.
The expenses incurred by the township in such removal shall be entered as a municipal lien upon the private property from which the nuisance vehicle was removed for the amount of such expenses incurred by the township, including, but not limited to, costs of removal, storage, sale and legal fees and costs.
Any person violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not less than $100 and not more than $1,000.
Any ordinance or parts of ordinances conflicting with the provisions of this chapter are hereby repealed to the extent of such conflict.
The remedies provided herein for the enforcement of this chapter or any remedy provided by law shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at option of the Board of Commissioners.