[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Editor's Note: This ordinance also repealed former Ch. 166,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.
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
The Borough of Canonsburg.
A person(s) or entity designated by the Borough of Canonsburg
to enforce its ordinances.
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.
The owner or the purpose of this chapter when the lessor
holds the lessee responsible for maintenance and repairs.
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:
Broken windshields, mirrors or other glass with sharp edges.
One or more flat or open tires or tubes.
Missing doors, windows, hood, trunk or other body parts.
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.
Broken headlamps or taillamps with sharp edges.
Dissembled 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 floorboards, including trunk and fire wall.
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.
Expired registration.
Expired inspection.
Such other defects which could threaten the health, safety and
welfare of the citizens of the Borough of Canonsburg.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
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 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.
[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.
