[HISTORY: Adopted by the Borough Council
of the Borough of Ingram 9-13-1999 by Ord. No. 24-1999. Amendments noted where applicable.]
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein, unless a different meaning appears from the context.
When consistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The Borough of Ingram.
A person(s) or entity designated by the Borough to enforce
its ordinances.
Any vehicle, as defined in this section, 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.
Any real property located within the Borough which is owned
by a person and which is not public property as defined in this section.
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.
Any motorized vehicle which is 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.
A motor vehicle which is unable to move under its own power
and containing any one of the following defects:
Broken windshields, mirrors or other glass,
with sharp edges.
One or more flat or open tires or tubes which
could permit vermin harborage.
Missing doors, windows, hood, trunk or other
body parts which could permit animal harborage.
Any body parts with sharp edges, including holes
resulting from rust.
Missing tires resulting in unsafe suspension
of the motor vehicle.
Upholstery which is torn or open, which could
permit animal and/or vermin harborage.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor
vehicle stored in a disorderly fashion or loose in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frame suspended from the ground
in an unstable manner.
Leaking or damaged oil pan or gas tank which
could cause fire or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunk.
Open or damaged floor boards, including trunk
and firewall.
Damaged bumpers pulled away from the perimeter
of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips.
Broken communication equipment antennas.
Suspended on unstable supports.
Such other defects which could threaten the
health, safety and welfare of the citizens of the Borough of Ingram.
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 Borough 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
Borough and properly operated in the appropriate business zone, pursuant
to the zoning laws of the Borough,[1] 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 Code Enforcement Officer that any violation as defined in § 175-2 of this chapter exists in the Borough, a notice in writing shall be served 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 Borough, 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 Code Enforcement Officer shall give written notice of removal to the persons identified in § 175-3 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 Borough
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 Code
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 Code 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 Borough for removal.
Upon removing a vehicle under the provisions
of this chapter, the Borough may after 10 days cause it to be destroyed,
sold or otherwise disposed of by the Borough 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 Borough.
The expenses incurred by the Borough 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 Borough, 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
$600.
