[Adopted 1-4-1999 by Ord. No. 260]
A. 
The maintenance of junk vehicles can constitute a public hazard or nuisance, as well as a public eyesore, and regulations are deemed necessary for the preservation of the public health, welfare, and general safety of the residents of Chartiers Township.
B. 
The Chartiers Township Board of Supervisors have determined that it is in the best interest of the health, welfare, and general safety of the residents to adopt an ordinance to abate such junk vehicles that constitute a public hazard or nuisance.
C. 
The Board of Supervisors may prohibit nuisances, including, but not limited to, the storage of abandoned or junked automobiles, on private and public property.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED VEHICLE (taken from Title 75 of the Pennsylvania Vehicle Code) [1]
A. 
A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:
(1) 
The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 24 hours.
(2) 
The vehicle has remained illegally on a highway or other public property for a period of more than 24 hours.
(3) 
The vehicle is left unattended on or along a highway or other public property for more than 24 hours and does not bear all of the following:
(a) 
A valid registration plate.
(b) 
A certificate of inspection.
(c) 
An ascertainable vehicle identification number.
(4) 
The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours.
B. 
Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
JUNK VEHICLE
Any junked or abandoned vehicle, boat or trailer that is allowed to remain disabled or in need of repair for a period of 30 days. A junk vehicle is disabled or in need or repair when it is not capable of being moved under its own power, has one or more deflated tires, is without one or more tires, is without current license tags or is partially disabled, wrecked or junked.[2]
PERSON
Any natural person, corporation, partnership, sole proprietorship, business, or any combination thereof.
TOWNSHIP
The Township of Chartiers, having its registered address at 2 Buccaneer Drive, Houston, PA 15342.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Upon the Township's determination that such an action constitutes a nuisance, it shall be unlawful for any person owning or having custody of any junk vehicle or motor vehicle accessories to allow the same to remain in unsheltered storage on any private property or public street or highway within the Township after the expiration of the ten-day period following receipt of notice (or proof of attempted notification) requiring such removal, and it shall be further unlawful for any person owning any private property in the Township or leasing any such property- to store or permit to remain any such vehicles or accessories on his or her property for more than a like period.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Prior to any determination of prohibited storage as described in § 218-17, the Township Zoning Officer or police officer charged with the enforcement of this article must make a determination that the activity described in § 218-17 constitutes a nuisance. In order to make a determination that the activity described in § 218-17 constitutes a nuisance, said Township employee must take into consideration the following circumstances:[1]
(1) 
There is a junk vehicle present.
(2) 
It appears that there is evidence that said junk vehicle has attracted rats, mice, groundhogs, skunks, or other rodents.
(3) 
The junk vehicle is in a location that makes it attractive to young children.
(4) 
The junk vehicle contains standing water.
(5) 
The junk vehicle is on private property or public road or highway.
(6) 
The junk vehicle is surrounded by weeds or contains weeds and other debris.
(7) 
If said junk vehicle was not removed, it would constitute a public hazard.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
If, upon considering any or all of these factors, the said Township employee makes a determination that the junk vehicle is a nuisance, then such a junk vehicle violates the provisions of § 218-17 concerning prohibited storage.
A. 
Upon determination that this article has been violated, each person as described in § 218-17 shall be notified that such nuisance must be abated within 10 days of receipt of a notice of violation (or proof of attempted notification).
B. 
After the expiration of 10 days after the receipt of the notice of violation (or proof of attempted notification), the person so notified will be issued a citation for violation of this offense. The Township will also reserve the right to contract with a private service or contractor, at the vehicle or property owner's expense, to have the vehicle(s) removed from any highway, public, or private property located within Chartiers Township. The Township will assume no liability if such action becomes necessary; any and all liabilities in such remedial action shall be the full responsibility of the vehicle and/or the property owner.[1]
[1]
Editor's Note: Original Part 1, Sec. 5, Penalty, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 218-22, Violations and penalties.
A. 
It is hereby declared unlawful to maintain, or allow to be maintained, upon any property within the Township, any nuisance, dangerous structure, or substance which shall in any way endanger the health, cleanliness, beauty, comfort, convenience, and safety of the Township or its residents. Specifically included within this prohibition, but not in any way limiting the same to:
(1) 
Growth of noxious weeds or other plants.
(2) 
Grass and weeds in residential areas exceeding eight inches in length.
(3) 
Highly inflammable articles or structures.
(4) 
Structures in such lack of repair as to cause danger from collapse or from objects falling therefrom.
(5) 
Accumulations of garbage or other refuse material.
(6) 
Accumulations of waste or stagnant water.
B. 
Prior to any determination of any action to abate a nuisance condition, the Township Zoning Office or a police officer charged with the enforcement of this article must make a determination that a public nuisance, in fact, exists. In order to make a determination that the condition described above constitutes a nuisance, said Township employee must take into consideration the following circumstances:
(1) 
That there is a "public" nuisance present and not simply a condition deemed unacceptable or unattractive to the standards of a neighbor or another resident of a certain district. Such complaints should be advised that "private" nuisances may be brought to the attention of the Magisterial District Judge but that Township funds or assets will not be utilized in such conditions.
(2) 
It appears that there is evidence that the structure or nuisance has attracted rats, mice, groundhogs, skunks, or other rodents.
(3) 
The structure or nuisance is in a location and of such condition that makes it attractive to young children.
(4) 
The structure or nuisance contains standing water.
(5) 
The structure or nuisance is on private or public property.
(6) 
If such structure or nuisance were not removed, it would constitute a danger or hazard to the general public.
A. 
Such offensive condition as set forth in § 218-20 hereof, coming to the attention of the Supervisors of the Township, shall cause to be served by said duly appointed employee of the Township, notice upon the owner or such persons responsible under the law for the maintenance of the offending property, to correct the offending condition within 10 days (although 30 days may be allowed in matters of large structures, etc. Such consideration shall be solely at the discretion of the employee charged in the enforcement of this article).
B. 
In the event such owner or such other person be not resident within the Township, the notice shall be given by certified mail or, in the event they be unknown, then by posting upon the offending premises. Should such notice by mail be returned as undeliverable for any reason, notification shall be deemed to have been attempted and shall suffice under the requirements of this article.
If the owner in violation of this article, to whom or which a notice has been sent, fails to comply with such notice within the time limit prescribed therein, he or she shall be guilty of a violation of this article and, upon conviction thereof, shall be sentenced to pay a fine of up to $1,000 and the costs of prosecution. Each day that such a nuisance exists shall constitute a separate violation of this article.
A. 
In the event that the offending condition not be corrected within 10 days after serving, mailing, or posting as required by Section II hereof (or such longer period as the Supervisors shall grant depending upon the reasonableness of the case), then the Supervisors may, through the employees of the Township or by a private contractor, enter upon the offending property and correct the condition violating this article.
B. 
In the event of correction of the offending condition by the Township, the actual cost of such action, together with a penalty of 25% of such cost, shall be assessed and collected in the manner provided by law for the collection of municipal claims or by the attachment of a lien against said property, whichever method the Supervisors may deem expedient.