[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg 10-12-2020 by Ord. No. 1346.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 166, Vehicles, Storage of, adopted 11-1-1988 as Ch. 10, Part 3, of the 1988 Code.
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. 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.
ABANDONED VEHICLE
A vehicle (other than a pedalcycle) that is physically inoperable and is left unattended on a highway or other public property for more than 48 hours; a vehicle that has remained illegally on a highway or other public property for a period of more than 48 hours; a vehicle that is left unattended or along a highway or other public property for more than 48 hours and does not bear a valid registration plate, or a certificate of inspection and an ascertainable vehicle identification number; a vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours
BOROUGH
The Borough of Canonsburg.
ENFORCEMENT OFFICER
A person(s) or entity designated by the Borough of Canonsburg to enforce its ordinances.
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 seven days, and one which is disabled or in need of repairs is one which is not capable of being moved under its own power, or a vehicle with a deflated tire or tires, or one without a tire or tires, or a vehicle without current license tags or current valid state vehicle inspection or a vehicle which may be partially disabled, wrecked or junked.
LESSEE
The owner or the purpose of this chapter when the lessor holds the lessee responsible for maintenance and repairs.
NUISANCE VEHICLE
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 motor vehicle containing any one of the following defects:
A. 
Broken windshields, mirrors or other glass with sharp edges.
B. 
One or more flat or open tires or tubes.
C. 
Missing doors, windows, hood, trunk or other body parts.
D. 
Any body parts with sharp edges, including holes resulting from rust.
E. 
Missing tires resulting in unsafe suspension of the motor vehicle.
F. 
Upholstery which is torn or open.
G. 
Broken headlamps or taillamps with sharp edges.
H. 
Dissembled chassis parts apart from the motor vehicle, stored in a disorderly fashion or loose in or on the vehicle.
I. 
Protruding sharp objects from the chassis.
J. 
Broken vehicle frame suspended from the ground in an unstable manner.
K. 
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
L. 
Exposed battery containing acid.
M. 
Inoperable locking mechanism for doors or trunk.
N. 
Open or damaged floorboards, including trunk and fire wall.
O. 
Damaged bumpers pulled away from the perimeter of vehicle.
P. 
Broken grill with protruding edges.
Q. 
Loose or damaged metal trim and clips.
R. 
Broken communication equipment antennas.
S. 
Suspended on unstable supports.
T. 
Expired registration.
U. 
Expired inspection.
V. 
Such other defects which could threaten the health, safety and welfare of the citizens of the Borough of Canonsburg.
OWNER
The actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.
PERSON
Any person, firm, partnership, association, corporation, company, organization or other legal entity.
PRIVATE PROPERTY
Any real property located within the Borough 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.
VEHICLE
Any motorized vehicle which is intended 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.
A. 
No person shall park, store, leave or permit the parking, storing or leaving of any nuisance or junk vehicle, whether attended or not, upon any public or private property within the Borough. 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 operated in the appropriate business zone pursuant to the zoning laws of the Borough, or to any motor vehicle in operable condition specifically adapted or designed for operation on dragstrips or raceways.
B. 
No person shall park, store, leave or permit the parking, storing or leaving of any semitrucks, trailers, recreational vehicles, boats and vehicle accessories on any public street or highway within the Borough.
C. 
It shall be further unlawful for any person owing or leasing any property in the Borough to store or permit to remain any semitrucks, trailers, recreational vehicles, boats and vehicle accessories on private property in unsheltered storage.
D. 
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.
Whenever it comes to the attention of the Enforcement Officer that any violation as defined in this chapter exists in the Borough, 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/or 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 public or 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 Enforcement Officer shall give written notice of removal to the persons identified in § 166-3 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 or upon the vehicle if parked within the streets or highways of the Borough 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/or 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/or 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 or Borough street or highway. 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/or 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 and upon providing the required notice provided herein, the Borough may, after 20 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 more than $1,000.
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 the option of the Borough.
A. 
Chapter 121 and Chapter 166 are hereby repealed[1] and replaced by this chapter.
[1]
Editor's Note: This wording refers to former Ch. 121, Nuisances, adopted 10-10-2008 by Ord. No. 1285-B, and former Ch. 166, Vehicles, Storage of, adopted 11-1-1988 as Ch. 10, Part 3, of the 1988 Code which were repealed by Ord. No. 1346 with the adoption of this Ch. 166, Vehicles, Junk and Abandoned.
B. 
All ordinances or parts of ordinances which are inconsistent herewith, except to the extent otherwise provided herein, are hereby repealed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.