It shall be unlawful for any person, owner or lessee to maintain
a motor vehicle nuisance upon the open private grounds of such person,
owner or lessee within the City of Washington. A motor vehicle nuisance
shall include any motor vehicle which is unable to move under its
own power or does not have a valid registration (license) plate with
current stickers or current inspection sticker and has any of the
following defects:
A. Broken windshields, mirrors or other glass, with sharp edges.
B. One or more flat or open tires or tubes which could permit vermin
harborage.
C. Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
D. Any body parts with sharp edges, including holes resulting from rust.
E. Missing tires resulting in unsafe suspension of the motor vehicle.
F. Upholstery which is torn or open which could permit animal and/or
vermin harborage.
G. Broken headlamps or taillamps with sharp edges.
H. Disassembled chassis parts apart from the motor vehicle stored in
a disorderly fashion or loose in or on the vehicle.
I. Protruding sharp objects from the chassis.
J. Broken vehicle frame suspended from the ground in an unstable manner.
K. Leaking or damaged oil pan or gas tank which could cause fire or
explosion.
L. Exposed battery containing acid.
M. Inoperable locking mechanism for doors or trunk.
N. Open or damaged floorboards, including trunk and fire wall.
O. Damaged bumpers pulled away from the perimeter of vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment antennas.
S. Suspended on unstable supports.
T. Such other defects which could threaten the health, safety and welfare
of the citizens of the City of Washington.
The maintaining or operating of a junkyard and/or scrap yard
and/or salvage yard is hereby declared to be a nuisance and an offensive
business, and from and after the effective date of this article, it
shall be unlawful for any person, firm, corporation or owner to engage
in the operation of a junkyard and/or scrap yard and/or salvage yard
on any public or private property.
The City of Washington police or any other employee or officer
of the City of Washington designated thereby for this purpose is authorized
to give notice, affixed to the motor vehicle, to the owner that a
motor vehicle is in violation of the provisions of this article and
directing and requiring him to remove or otherwise rectify the condition
within five days of posting said notice. The City of Washington police
or any other employee or officer of the City of Washington designated
thereby for this purpose is hereby empowered to inspect the grounds
on which motor vehicles are stored to determine if there is compliance
with the provisions of this article.
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the conditions within the time
limit prescribed, the City of Washington shall have the authority
to take measures to correct the conditions and collect the cost of
such corrections, plus 10% of all costs. The City of Washington, in
such event and pursuant to its statutory or otherwise authorized police
powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing. A written notice shall be served
by certified or registered mail on the owner of said premises, or
if the owner's whereabouts or identify are unknown, by posting
the notice conspicuously upon the offending premises, that such action
will be authorized within 10 days of service of the notice.
[Amended 12-7-2006 by Ord. No. 1766]
A. Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B. Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C. Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
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 City Council.