[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]
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.
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.