[HISTORY: Adopted by the Borough Council of the Borough of Munhall as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 168.
Solid waste — See Ch. 373.
Vehicles and traffic — See Ch. 415.
Zoning — See Ch. 440.
[Adopted 4-19-1995 by Ord. No. 1383]
A. 
As used in this article, the following terms shall have the meaning indicated.
LESSEE
The person leasing the vehicle or real property and which for purposes of this article shall be considered synonymous with the term "owner" when the lease holds the lessee responsible for the maintenance and/or repair of any motor vehicle.
MOTOR VEHICLE
Any type of mechanical device or vehicle propelled by a motor, in which persons or property may be transported upon a public street or highway; this definition shall also include non-self-propelled trailers or semitrailers, whether freestanding (i.e., separated from the motor vehicle which normally tows said trailer or semitrailer) or attached to a motorized tow vehicle.
NUISANCE
Any vehicle, condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the general public.
OWNER
Any person who is the owner of record, agent or custodian of real property upon which is situated a vehicle nuisance; and which under this article shall also include the lessee when the lease holds the lessee responsible for the maintenance, repair or upkeep of any real property upon which a vehicle nuisance is situated.
PERSON
Any natural person, firm, partnership, association, corporation or other legal entity.
VEHICLE NUISANCE
See § 419-2 for a definition of this term.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person or owner to park, store or maintain a vehicle nuisance for any period of time upon private property within the Borough of Munhall, except when in full compliance with this article.
B. 
A vehicle nuisance shall be defined as any one or more of the following:
(1) 
Any motor vehicle which:
(a) 
Is unable to move under its own power.
(b) 
Does not bear a current valid inspection sticker.
(2) 
Any motor vehicle or trailer which has any of the following physical defects:
(a) 
A broken windshield, mirror or other glass with sharp edges.
(b) 
One or more flat or open tires or tubes which could permit vermin harborage.
(c) 
A missing door, window, hood, trunk or other body part which could permit vermin or animal harborage.
(d) 
A missing wheel or tire, resulting in the unsafe suspension of the vehicle or trailer.
(e) 
A broken headlight or tail light with sharp edges.
(f) 
Any sharp object protruding from the chassis or body.
(g) 
A leaking or damaged oil pan or fuel tank.
(h) 
An exposed battery.
(i) 
Any such other defect which could threaten the health, safety or welfare of the general public.
(3) 
Any motor vehicle or trailer which:
(a) 
Does not bear a current registration plate.
(b) 
Is propped up or otherwise supported in an unstable manner.
(4) 
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.
(5) 
Any vehicle or trailer frame, engine or body which is propped up or otherwise supported in an unstable manner.
(6) 
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 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. 
All Munhall police officers are hereby empowered to enter upon privately owned real property upon which a motor vehicle, trailer or vehicle/trailer part is wholly or partially parked, stored or otherwise maintained in order to determine if said motor vehicle, trailer or vehicle/trailer part is in full compliance with the provisions of this article.
B. 
If any such motor vehicle, trailer or vehicle/trailer part is found to be in noncompliance with any provision of this article, thereby qualifying said vehicle, trailer or vehicle/trailer part as a vehicle nuisance as herein defined and, as such, a threat to the health, safety and/or welfare of the general public said officer shall post a written notice which:
(1) 
Declares the motor vehicle, trailer or vehicle/trailer part to be a vehicle nuisance and a violation of this article.
(2) 
Specifies the conditions observed in making the determination under this article that said motor vehicle, trailer or vehicle/trailer part is in noncompliance.
(3) 
Requires the owner, as herein defined, to abate the condition within 10 calendar days from the date of posting of said notice.
(4) 
Announces the Borough's intention to tow or otherwise remove and store the vehicle nuisance, at the owner's expense, in the event of noncompliance within the prescribed time period for compliance and abatement of the nuisance.
(5) 
Notifies the owner of his right to appeal.
C. 
Said officer shall cause to be sent to the owner a registered letter containing the same information as is contained in the posted written notice.
A. 
The owner of any motor vehicle, trailer or vehicle/trailer part which has been identified and posted as a vehicle nuisance under this article may, within not more than 10 calendar days from the date of receipt of the registered letter, file a written appeal with the Chief of Police explaining why the owner feels that:
(1) 
The motor vehicle, trailer or vehicle/trailer part does not meet the definition of "vehicle nuisance" under this article.
(2) 
More time is needed to abate the problem.
(3) 
The strict enforcement of this article in this particular case would result in a unique and unnecessary hardship for the owner.
B. 
Failure of the owner to file such an appeal within five calendar days of the date of posting shall constitute a waiver of the owner's right to appeal.
C. 
In any case where an appeal is filed within 10 calendar days of the date of receipt of the registered letter, the Chief or his assigned designee shall schedule an informal hearing to hear the appeal. Said hearing shall be scheduled within not more than 10 calendar days of the date of receipt of the written appeal.
D. 
After conducting the appeal hearing, the Chief of Police shall respond to the appeal in writing. Said response shall be issued within not more than five calendar days from the hearing date.
E. 
In order to reverse the decision, the Chief must find that either:
(1) 
The vehicle, trailer or vehicle/trailer part does not meet the definition of a vehicle nuisance as herein defined.
(2) 
That the strict enforcement of this article would clearly result in a unique and unnecessary hardship, rather than a general hardship and that the reversal of this decision would not constitute the granting of a special privilege as commonly defined in applied zoning law by the rule of Whitemall's Line.
F. 
The Chief may also elect to grant an extension of the time period for abatement of the vehicle nuisance, provided that any such extension shall not exceed a period of 45 calendar days from the date of the Chief's written response to the appeal.
G. 
If the decision is reversed, the notice of intent to tow shall be withdrawn within the Chief's written response.
H. 
If the time period for compliance and abatement of the vehicle nuisance is extended, the notice of intent to tow shall be temporarily withdrawn. And if, for any reason, the abatement shall not have been abated by the owner within the prescribed extended period for compliance, the Borough shall immediately abate the nuisance in the manner as prescribed under § 419-6 of this article.
I. 
If the decision is upheld, the Chief's response shall include a second ten-day notice of intent to tow.
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.[1]
[1]
Editor's Note: See Art. II of this chapter.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]
A. 
As used in this article, the following terms shall have the meanings indicated:
LESSEE
The person leasing the vehicle or real property and which for purposes of this article shall be considered synonymous with the term "owner" when the lease holds the lessee responsible for the maintenance and/or repairs of any motor vehicle.
MOTOR VEHICLE
Any type of mechanical device or vehicle, propelled by a motor, in which persons or property may be transported upon a public street or highway.
NUISANCE
Any vehicle, trailer, condition, structure or improvement which shall constitute a threat or potential threat to the health, safety or welfare of the general public.
OWNER
Any person who is the owner of record, agent or custodian of the motor vehicle, trailer or vehicle part and which for purposes of this article shall also include the lessee when the lease holds the lessee responsible for the maintenance and/or repairs of the motor vehicle, trailer or vehicle/trailer part.
PERSON
Any natural person, firm, partnership, association, corporation or other legal entity.
TRAILER
Any non-self-propelled trailer or semitrailer which is normally towed behind by a motorized vehicle, whether freestanding (i.e., separated from the motorized vehicle, which normally tows said trailer or semitrailer) or attached to a motorized tow vehicle.
VEHICLE NUISANCE
See § 419-12 of this article for a definition of this term.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
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.
(8) 
An exposed battery.
(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.
A. 
All Munhall police officers are hereby empowered to inspect any motor vehicle, trailer or vehicle/trailer part which is wholly or partially parked, situated, stored or maintained for any period of time within the right-of-way limits of any public thoroughfare within the Borough of Munhall to determine if said vehicle, trailer or part is in full compliance with the provisions of this article.
B. 
If any such motor vehicle, trailer or vehicle/trailer part is found to be in noncompliance with any provision of this article, thereby qualifying said vehicle, trailer or vehicle/trailer part as a vehicle nuisance as herein defined and, as such, a threat to the health, safety and/or welfare of the general public, the police officer shall post a written notice of the violation and an intent to tow or otherwise remove the vehicle nuisance.
C. 
Said written notice shall:
(1) 
Specify the condition observed in making the determination under this article that said vehicle, trailer or vehicle/trailer part is in noncompliance.
(2) 
Require the owner, as herein defined, to rectify the condition within five calendar days from the date of posting of said notice.
(3) 
Require the owner to thereafter fully comply with the requirements of the written notice.
(4) 
Notify the owner of his right to appeal.
(5) 
Serve notice to the owner of the Borough's intentions to tow or otherwise remove and store the vehicle nuisance, at the owner's sole expense, in the event of noncompliance within the prescribed period for compliance.
A. 
The owner of any motor vehicle, trailer or vehicle/trailer part which has been identified and posted as a vehicle nuisance under this article may, within not more than five calendar days from the date of posting, file a written appeal with the Chief of Police explaining why the owner does not feel that the motor vehicle, trailer or vehicle/trailer part meets the definition of "vehicle nuisance" under this article.
B. 
Failure of the owner to file such an appeal within five calendar days of the date of posting shall constitute a waiver of the owner's right to appeal.
C. 
In any case where an appeal is filed within five calendar days of the date of posting, the Chief or his designee shall schedule an informal hearing to hear the appeal. Said hearing shall be scheduled within not more than 10 calendar days of the date of receipt of the written appeal.
D. 
After conducting the informal hearing and hearing the appeal, the Chief of Police shall respond, in writing, via registered mail to the owner with his answer to the appeal. Said response shall be issued within not more than five days from the hearing date.
E. 
If the decision is reversed, the notice of intent to tow shall be withdrawn within the Chief's written response.
F. 
If the decision is upheld, the Chief's response shall include a second five-day notice to abate the nuisance and a second notice of intent to tow.
A. 
A police officer shall then revisit the site within a period of not less than five nor more than 10 calendar days from the date of posting or the date of the Chief's response to the appeal, which ever is the later date.
B. 
If the nuisance has already been abated, the officer shall note the abatement in the appropriate file.
C. 
If the nuisance has not yet been abated, the officer shall:
(1) 
Issue a citation.
(2) 
Have the vehicle, trailer or vehicle/trailer part towed or otherwise removed from the site and stored at the owner's expense.
(3) 
Notify the owner in writing that:
(a) 
A citation has been issued with the citation to 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 at any location upon private property anywhere in the Borough of Munhall.[1]
[1]
Editor's Note: See Art. I of this chapter.
D. 
In any event, the Borough, pursuant to its statutory or otherwise authorized police powers, shall have the right to enter upon offending private real property to accomplish the foregoing and thereby abate the nuisance.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.