[Adopted 4-19-1995 by Ord. No. 1383]
Any owner of real property in the Borough of Munhall shall not
cause or permit a vehicle nuisance to be parked, stored or otherwise
maintained for any period of time upon private property anywhere within
the Borough of Munhall, except when in full and strict compliance
with this article.
A. Any vehicle nuisance shall only be permitted in any residential zoning
district in the Borough when parked, stored or otherwise maintained
entirely within a secured garage or other secured, approved and enclosed
building.
B. Any vehicle nuisance shall only be permitted in any commercial or
industrial zoning district in the Borough when parked, stored or otherwise
maintained, as follows:
(1) Within a permitted and approved junk, impounding or salvage yard.
(2) Temporarily, only when in conjunction with and as regulated under
any other permitted and approved business operation.
C. Nothing herein shall be construed to permit the parking, storage or maintenance of any vehicle nuisance contrary to the provisions of Chapter
440, Zoning, of the Code of the Borough of Munhall.
A police officer shall revisit the site within a period of not
less than 10 nor more than 30 calendar days from the date of posting,
the date of the Chief's response to the appeal or the extended
deadline for compliance and abatement of the vehicle nuisance, whichever
is the later date:
A. If the nuisance has already been abated, the officer shall simply
note the abatement in the appropriate file.
B. If the nuisance has not yet been abated, the officer shall issue
a citation under the provisions of this article and shall have the
vehicle nuisance towed or otherwise removed from said location and
put into storage.
C. If the vehicle nuisance is towed or otherwise removed from the site
and put into storage, the police officer shall cause a second registered
letter to be sent to the owner. Said letter shall:
(1) Make specific reference to the first registered letter which was
sent to the owner.
(2) Notify the owner that:
(a)
A citation has been issued. Said citation shall be mailed under
the same cover letter.
(b)
The vehicle nuisance has been moved at the owner's expense.
(c)
The vehicle nuisance may be claimed by the owner at a specific
location.
(d)
After picking up the vehicle nuisance, the motor vehicle, trailer
or vehicle/trailer part may not be parked, stored or otherwise maintained
at any location in the Borough except in compliance with both this
article and the ordinance which addresses the parking, storage or
maintenance of a vehicle nuisance within any public right-of-way within
the Borough of Munhall.
D. In any event, the Borough pursuant to its statutory or otherwise
authorized police powers, shall have the right to enter upon the offending
private real property to accomplish the foregoing and thereby abate
the nuisance.
Nothing in this section shall be construed as limiting the right
of any Munhall police officer to have any motor vehicle, trailer or
vehicle/trailer part, whether or not determined to be a vehicle nuisance,
immediately removed from any location wholly or partially upon private
property anywhere in the Borough where in the judgment of said police
officer said motor vehicle, trailer or vehicle/trailer part poses
an immediate threat to the health, safety and/or welfare of the general
public.
If the owner any such vehicle nuisance should fail to fully
remedy said nuisance within the prescribed time period, the Borough
shall hereby have the authority to have said vehicle towed and stored
at the owner's expense.
Any person, firm or corporation who shall violate any provision of this article shall be, upon conviction thereof, sentenced to pay a fine as provided in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Munhall, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.
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 Borough.
[Adopted 4-19-1995 by Ord. No. 1384]
It shall be unlawful for any person or owner to park, store
or maintain a vehicle nuisance for any period of time within the right-of-way
of any public thoroughfare within the Borough of Munhall. A vehicle
nuisance shall be defined as and shall include any one or more of
the following:
A. Any motor vehicle which:
(1) Is unable to move under its own power.
(2) Does not bear a current registration plate.
(3) Does not bear a current inspection sticker.
B. Any motor vehicle or trailer which has any of the following physical
defects:
(1) A broken windshield, mirror or other glass with sharp edges.
(2) One or more flat or open tires or tubes which could permit vermin
harborage.
(3) A missing door, window, hood, trunk or other body part which could
permit vermin or animal harborage.
(4) A missing wheel or tire, resulting in the unsafe suspension of the
vehicle or trailer.
(5) A broken headlight/tail light with sharp edges.
(6) Any sharp object protruding from the chassis.
(7) A leaking or damaged oil pan or fuel tank.
(9) Any such other defect which could threaten the health, safety or
welfare of the general public.
C. Any trailer which does not bear a current registration plate.
D. Any vehicle or trailer which is propped up or otherwise supported
in an unstable manner.
E. Any wholly or partially disassembled vehicle or trailer chassis or
body part which is either separate and apart from the vehicle or trailer
or loose within, upon or adjacent to a vehicle or trailer.
F. Any vehicle or trailer frame, engine or body which is propped up
or otherwise supported in an unstable manner.
G. Any other defective vehicle or trailer or vehicle or trailer part
which poses a threat to the health, safety or welfare of the general
public.
Any owner of a vehicle nuisance, as herein defined, shall not
cause any such vehicle nuisance to be parked, stored or maintained
for any public thoroughfare within the Borough of Munhall.
Nothing in this section of this article shall be construed as
limiting the right of any Munhall police officer to have any motor
vehicle, trailer or vehicle/trailer part, whether or not determined
to be a vehicle nuisance, immediately removed from within the right-of-way
of any public thoroughfare within the Borough where, in the sole judgement
of said police officer, said motor vehicle, trailer or vehicle/trailer
part poses an immediate threat to the health, safety and/or welfare
of the general public.
If the owner of any such vehicle nuisance should fail to fully
remedy said nuisance within the prescribed time period, the Borough
shall hereby have the authority to immediately thereafter have said
vehicle towed and stored at the owner's expense.
In addition, any person, firm or corporation who shall violate any provision of this article shall be, upon conviction thereof, sentenced to pay a fine as provided in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Munhall, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
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 Borough.