[Ord. 512, 9/10/1984, § 1; as amended by Ord. 842,
4/14/2014]
Where appearing in this Part, the following words shall have
the following definitions:
Any device in, upon or by which persons or property may be
transported, which is not licensed and/or inspected as required by
the Vehicle Code of the Commonwealth of Pennsylvania or which is unable
to be operated and which has been deserted, the nonmoving of which
for a period of five days being due evidence of intent to desert and
abandon. This definition shall not include machinery built or manufactured
for farming providing it is currently being used in bona fide farming
activity.
Any device in, upon or by which any persons or property may
be transported, which has outlived its usefulness in its original
form and does not have a current and valid registration and a current
and valid inspection sticker as required by the Vehicle Code of the
Commonwealth of Pennsylvania. Where a certificate of junk has been
issued by the Bureau of Motor Vehicles, such certificate shall be
conclusive evidence that said vehicle is junk; and where no such certificate
has been issued or applied for, the failure to have the vehicle licensed
or currently inspected shall be prima facia evidence that the vehicle
is of the type which is prohibited by this Part.
Any individual or individuals, company, partnership, firm,
limited partnership, association or corporation, or other entities.
[Ord. 512, 9/10/1984, § 2; as amended by Ord. 741,
12/30/2002, § 1; and by Ord. 842, 4/14/2014]
It shall be unlawful for any person to commit any of the following
acts, which are hereby declared to be a public nuisance:
[Ord. 512, 9/10/1984, § 3; as amended by Ord. 842,
4/14/2014]
1.
Upon inspection of any premises, any Borough police officer or Borough
Building Inspector shall affix a sticker on any abandoned or junk
vehicle found on the premises and shall give 10 days' notice to the
owner of any property upon which any such prohibited vehicle or material
is found to remove the same, said notice to be delivered in person
or by certified or registered mail.
2.
Any person who is the owner, occupier or user of the premises on
which such prohibited vehicle or material is found shall be given
the notice above required, and upon failure to remove the same after
10 days' notice, shall be subject to the penalties hereinafter set
forth.
[Ord. 512, 9/10/1984, § 4; as amended by Ord. 842,
4/14/2014]
1.
Whenever an abandoned, wrecked or inoperable vehicle is found on
public property or public streets, said vehicle may be removed upon
authorization by the Borough Police Department. Whenever any abandoned,
wrecked or inoperable vehicle is located on private property other
than property owned by the owner of the vehicle, said vehicle may
be removed at the request of the property owner upon authorization
by the Borough Police Department. No such vehicle shall be removed,
however, if, at the time of the intended removal, the owner or his
authorized agent is present and expresses a willingness and intention
to remove said vehicle immediately.
2.
Within 24 hours from the time of removal of any abandoned, wrecked
or inoperable vehicle, notice of the fact that such vehicle has been
impounded shall be sent via certified mail, return receipt requested,
by the Borough Building Inspector to the owner of record of such vehicle.
The notice shall designate the place from which said vehicle was removed,
the reason for its removal and impoundage, the name and location of
the place where it is impounded and the fact that any towing and storage
charges may be paid under protest, whereupon the offender shall be
entitled to a hearing before a magistrate of a court of record having
jurisdiction, in which case such offender shall be proceeded against
and shall receive such notice as is provided by law in other cases
of summary offenses and shall have the same rights as to appeal and
waiver of hearing.
3.
The payment of towing and storage charges shall not operate to relieve
the owner or operator of any vehicle from liability for any fine or
penalty for the violation of any law or ordinance for which the said
vehicle was removed and impounded.
[Ord. 512, 9/10/1984, § 5; as amended by Ord. 685,
11/5/1998; and by Ord. 842, 4/14/2014]
Any person violating the provisions of this Part shall be subject
to a fine of up to $1,000 per day or portion of a day, plus court
costs, and in default of payment of such fine and costs, to a term
of imprisonment not to exceed 30 days; provided that each day's
violation shall constitute a separate offense and notice to the offender
shall not be necessary in order to constitute an offense. In the event
that such claims for fines and penalties exceed the monetary jurisdiction
of a Magisterial District Judge as set forth in the Pennsylvania Judicial
Code (relating to jurisdiction and venue), exclusive of interest,
costs or other fees, the Borough may bring such action in the Court
of Common Pleas or may, pursuant to the Pennsylvania Judicial Code,
waive that portion of fines or penalties that exceed the monetary
jurisdictional limits so as to bring the matter within the monetary
jurisdiction of the Magisterial District Judge.
[Ord. 512, 9/10/1984, § 8; as added by Ord. 666,
4/8/1996, § 1; and as amended by Ord. 741, 12/30/2002, § 1;
and by Ord. 842, 4/14/2014]
Nothing in this Part shall be construed to prohibit, limit or
affect the disposal of animal remains found inside the Borough of
Jefferson Hills by officials of the Pennsylvania Game Commission within
the Borough of Jefferson Hills.
