[Amended 12-10-1996 by Ord. No. 9-1996; 10-13-2009 by Ord. No. 4-2009; 8-25-2020 by Ord. No. 1-2020; 2-9-2021 by Ord. No. 2-2021; 5-11-2021 by Ord. No. 3-2021[1]]
A. 
Covers prohibited. It shall be unlawful to cover any car, truck, motorcycle, trailer, recreational vehicle, camper, boat, snowmobile, farm or construction equipment or all-terrain vehicle with a cover that does not visibly display the vehicle registration (license plate), whether said vehicle or vehicles are located on public or private property. Covering any identified vehicle or vehicles is deemed to be a violation of this chapter and will classify said vehicle or vehicles as an "abandoned vehicle" as defined in this chapter. The only allowable covers are to be either clear or transparent or have a clear or transparent area so that the vehicle license plate is visible from the street or sidewalk. Exceptions to the allowable covers will be given to residents who provide the current registration, proof of insurance, and proof of passed state inspection for the vehicle to be covered within seven days of inspection to the Upland Borough Police. Residents will be required to provide such documentation on an annual basis in order to retain the excepted status.
B. 
It shall be unlawful to park any car, truck, motorcycle, trailer, recreational vehicle, camper, boat, snowmobile, farm or construction equipment or all-terrain vehicle that is considered "abandoned," as defined in this chapter anywhere on private property or to park any vehicle on any unpaved area whether said vehicles are abandoned or not and whether said vehicle or vehicles are located on public or private property.
[1]
Editor's Note: This ordinance also changed the section title from "Covers prohibited" to "Parking prohibited."
If the Police Department or the Borough Secretary or any of their authorized agents find that a violation of this article 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 order either or both of said owners to remove said 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 vehicle owner cannot be ascertained, the posting of 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 filing a written request with the Borough Secretary.
If a hearing is not requested within the two-day period, 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 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 Upland shall, through its own agents, contractors and/or employees, remedy the violations and charge the costs thereof to the real property owner on whose property the vehicles are located. Said costs shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien on said realty which shall be filed by the Solicitor on receipt of all information.
Nothing in this article 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 threat to the life, health, safety, welfare and morals of the citizens of the Borough of Upland 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.
The provisions of 75 Pa.C.S.A. § 7301 et seq. concerning the place of storage, towing and charges therefore 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.