[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-13-2008 by Ord. No. 6-2008]
For the purposes of this article, 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 person(s) or entity designated by the Township of Robinson
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 Township 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.
The Township of Robinson.
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 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 taillamps 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 floorboards, 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 Township of Robinson.
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 Township 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 article. 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
Township and properly operated in the appropriate business zone pursuant
to the zoning laws of the Township, or to any motor vehicle in operable
condition specifically adapted or designed for operation on dragstrips
or raceways.
Whenever it comes to the attention of the Enforcement Officer that any violation as defined in § 274-2 of this article exists in the Township, 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 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 article.
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 Township, 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 § 274-4 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 Township 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 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 article.
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 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 Township
for removal.
Upon removing a vehicle under the provisions of this article
and upon providing the required notice provided herein, the Township
may, after 20 days, cause it to be destroyed, sold or otherwise disposed
of by the Township or its designated representative by any means authorized
by law.
The owner of any vehicle seized under the provisions of this
article 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 Township.
The expenses incurred by the Township 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 Township, including but not limited to costs of removal, storage,
sale and legal fees and costs.
Any person violating any of the provisions of this article shall
be guilty of a summary offense and, upon conviction, shall be subject
to a fine of not more than $600.
The remedies provided herein for the enforcement of this article
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 Board of Commissioners.
