[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 9-30-2002 by Ord. No. 2002-7 (Ch. 10, Part 2, of
the 1991 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Fairview
Township Abandoned and Junked Vehicle Ordinance."
The purpose of this chapter is to protect the community from
nuisances created by abandoned and junked motor vehicles. Abandoned
and junked vehicles tend to impede traffic in the streets or interfere
with the enjoyment of and reduce the value of private property; create
fire hazards and other safety and health hazards to children as well
as adults; interfere with the comfort and well-being of the public
and create, extend and aggravate urban blight.
The following words and phrases when used in this chapter shall,
for the purpose of this chapter, have the following meanings, respectively,
except in the those instances where the context clearly indicates
a different meaning.
A motor vehicle, or parts thereof, which has been voluntarily
relinquished by its owner, with the intention of terminating his ownership,
possession and control, without vesting ownership in any other person.
The following circumstances can be used as evidence to show intent
to abandon:
The failure of any motor vehicle to bear a current state registration
and/or a current official state inspection emblem.
An absence of license plates on the vehicle.
The presence of weeds or other plant growth surrounding the
vehicle in violation of the Township's weed ordinance.[1]
Evidence suggesting that the owner has not maintained or kept
the vehicle in a working condition.
Obvious damage or neglect including, but not limited to, flat
or missing tires, extensive rust and corrosion, broken windows or
mirrors, torn or missing cushions, upholstery or seats.
Any motor vehicle, or parts thereof, not in running condition,
which cannot safely or legally be operated, or stored in the open
and not in such an enclosure as is reasonably calculated to prevent
children from playing on or about such motor vehicle. The following
circumstances can be used as evidence to show that a motor vehicle
has been junked:
The failure of any motor vehicle to bear a current state registration
and/or a current official state inspection emblem.
An absence of license plates on the vehicle.
The presence of weeds or other plant growth surrounding the
vehicle in violation of the Township's weed ordinance.[2]
Evidence suggesting that the owner has not maintained or kept
the vehicle in a working condition.
Obvious damage or neglect including, but not limited to, flat
or missing tires, extensive rust and corrosion, broken windows or
mirrors, torn or missing cushions, upholstery or seats.
Failure to screen the vehicle from public view or from the
view of adjacent properties.
Fairview Township, York County, Pennsylvania.
A.
The Township shall have the power to prohibit nuisances created by
abandoned or junked motor vehicles. If any abandoned motor vehicle
or junked motor vehicle is determined to constitute a nuisance in
fact, it shall be unlawful for any person, partnership, firm, association
or corporation to park or store the vehicle on any street, or on any
Township or Authority right-of-way or in the open on public or private
property within the Township.
B.
It shall be unlawful for any person, partnership, firm, association
or corporation to permit another person, firm, partnership, association
or corporation to park or store any abandoned motor vehicle or junked
motor vehicle that has been determined to constitute a nuisance in
fact in the open or on private property within the Township.
The following acts or circumstances shall be prima facie evidence
that an abandoned or junked motor vehicle constitutes a nuisance in
fact:
A.
Presence of rodents or other vermin.
B.
Conditions that encourage the breeding of rodents, vermin or insects.
C.
Presence of foul or offensive odors.
D.
Threats to public safety such as sharp edges, broken glass and unsecured
doors or trunks.
E.
Threats to the environment including, but not limited to, leaking
fluids such as gasoline, oil or air conditioning fluid.
F.
Evidence of prior fluid leaks including, but not limited to, odors
of oil or gasoline, oil spots or discolored or wet areas indicating
fluid spills or leaks.
G.
Circumstances constituting an attractive nuisance for children such
as any condition involving an unreasonable risk of death or serious
injury to a child because the child does not discover the condition
or realize the risk involved because of their youth.
The Township hereby authorizes the following persons to enforce
the provisions contained within this chapter.
Any person authorized by the Township in § 279-6 on routine inspection or upon receipt of a complaint may investigate a suspected nuisance created by a junked or abandoned motor vehicle or motor vehicle accessories and record the make, model, style and identification numbers, to the extent the information is visible or can be determined from the inspection of the vehicle and shall briefly describe its situation.
A.
Any person authorized under § 279-6 is authorized to remove any abandoned motor vehicle in accordance with this section if the authorized person finds that said vehicle constitutes a nuisance in fact.
B.
After any abandoned vehicle has been declared a nuisance in fact,
any authorized person shall affix to the windshield or other prominent
part of the vehicle a "tow warning" emblem stating that unless the
vehicle is removed before _____ o'clock in the _____ .m. of the
_____ day of __________, the vehicle will be impounded and taken to
__________________________ and after 30 days it will be sold to recover
the costs of removal, storage and sale. The time set for removal shall
be at least 15 days after the emblem is affixed.
C.
After the vehicle has been removed, the vehicle shall be impounded
and its contents inventoried by the Fairview Township Police. The
vehicle will be stored temporarily pending determination of ownership
and notice to the owner thereof of its removal. The police shall promptly
notify the owner or reputed owner of said motor vehicle of its removal
and of the intention of the Township to dispose of the motor vehicle
unless it is claimed and the costs of removal and storage paid within
five days after the date of mailing of the notice.
D.
The Fairview Township Police shall, within five days after a motor
vehicle is impounded, notify the State Department of Motor Vehicles
of the State of Pennsylvania of the impoundment of the motor vehicle,
and such notification shall include such information as is available
that will enable the Department of Motor Vehicles to identify the
registered owner of the vehicle.
E.
Notification of owner and claiming of vehicles.
(1)
Within 15 days after the impoundment of a motor vehicle pursuant
to the provisions of this chapter, the authorized Township official
shall give written notice to the owner, secured parties of record
and known lienholders, if any, at least 30 days prior to the date
of the sale of the motor vehicle advising of:
(a)
The complete description of the vehicle, including the make,
model, year and vehicle identification number, the date and place
the vehicle was found or taken into possession.
(b)
The approximate amount owed for the cost of towing and storage
of the vehicle.
(c)
The location of storage of the vehicle.
(d)
The time and place that a sale of the vehicle will be held.
(e)
The right of the owner, secured parties and lienholders to contest
the right to sell such vehicle within 10 days.
(2)
The notice required by this section shall be deemed to be given when
sent by first class mail, postage prepaid, to the address of the owner,
secured party of record and known lienholder shown on any public filing
evidencing such ownership, security interest or lien; or, if none,
to any such address ascertained by reasonable effort.
(3)
If the name and address of the owner, secured parties or lienholders
of the vehicle are unknown or cannot be reasonably ascertained, then
the notice required herein shall be given by publication once a week
for two successive weeks in a newspaper of general circulation in
the county in which the sale is to be held. The first publication
shall be at least 30 days before the date of sale.
(4)
The registered owner, or other person who can prove he is entitled
to possession of a motor vehicle impounded pursuant to the provisions
of this chapter, may claim the motor vehicle within 30 days of the
date of impoundment by presenting himself at the depository and by
paying the towing and storage fees imposed by the towing and storage
service used by the Township.
A.
If a motor vehicle remains unclaimed after the expiration of 30 days
from the date of impoundment, the Township shall cause such vehicle
to be disposed of in accordance with the procedures established under
this section.
B.
The proceeds of the sale shall be applied first to the expenses of
the sale and to the costs of removal and storage. Notice shall then
be given to the owner or lien holder of the sold vehicle of any remaining
proceeds from the sale of the vehicle. The remaining proceeds from
the sale shall be held by the Township for six months after the date
of sale and shall be turned over to the person who can prove he held
the title to the motor vehicle upon the demand of such person. If
at the end of a six-month period no person has claimed the proceeds
of the sale, they shall be turned over to the Township Treasurer for
deposit in the general fund of the Township.
A.
Whenever a junked motor vehicle is determined to constitute a nuisance in fact, any person authorized by the Township in § 279-6 shall send by certified mail a notice to the owner of record of such motor vehicle or motor vehicle accessories, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property on which the same is located to remove the junked motor vehicle or motor vehicle accessories within 30 days. Such notice shall also contain the following information:
(1)
Nature of complaint.
(2)
Description and location of the motor vehicle and/or motor vehicle
accessories. If there are multiple junked motor vehicles, it shall
be sufficient to describe the vehicles collectively, and specific
detailed descriptions of each vehicle shall not be required.
(3)
Statement that the motor vehicle or motor vehicle accessories must
be removed from the premises no later than 30 days from date of notification.
(4)
Statement that removal from the location specified in the notification
to another location upon which such storage is not permitted is prohibited
and shall subject the person to the same penalties as though the vehicle
had not been removed.
(5)
Statement that if removal is made within the time limits specified,
notification shall be given in writing to the Township.
(6)
Statement of the penalties provided for noncompliance with such notice.
B.
In addition to any other penalties, if the owner of the property
on which the junked vehicle is located or the owner of the junked
motor vehicle fails to remove the junked motor vehicle within the
time permitted in the notice set forth above, the Township shall be,
and hereby is, authorized to enter onto the property and remove the
junked motor vehicle or accessories.
(1)
The junked motor vehicle and accessories shall be taken to an authorized
salver or junkyard for disposal.
(2)
The proceeds of the sale shall be applied first to the expenses of
the sale, and to the costs of removal and storage. Notice shall then
be given to the owner or lienholder of the sold vehicle of any remaining
proceeds from the sale of the vehicle. The remaining proceeds from
the sale shall be held by the Township for six months after the date
of sale and shall be turned over to the person who can prove he held
the title to the motor vehicle upon the demand of such person. If
at the end of a six-month period no person has claimed the proceeds
of the sale, they shall be turned over to the Township Treasurer for
deposit in the general fund of the Township.
(3)
If the proceeds from the disposal of the junked motor vehicle or
accessories is not sufficient to pay for the costs of removal and
sale to the salver or junkyard, then the Township shall be authorized,
and hereby is authorized, to place a lien on the real property on
which the junked motor vehicle was located, to recover the aforementioned
costs.
A.
Determination of a nuisance in fact. Any person authorized by the Township in § 279-6 shall determine in each instance of whether a nuisance in fact exists under this chapter.
B.
Penalty. In addition to the costs of removal and storage which are
hereby placed on the owner of such abandoned motor vehicle or the
owner of the property on which such junk motor vehicle was located,
any person or any officer of any partnership, firm or association
or corporation who is found to be in violation of this chapter shall
pay a fine of not more than $600. Upon the determination that a nuisance
in fact exists, the authorized person designated by the Township shall
impose a fine upon the violator and shall give the violator written
notice by certified mail of the violation and the imposition of the
fine. If the violator fails to pay the fine specified in the notice
of violation, the authorized person may institute a civil or criminal
enforcement proceeding on behalf of the Township and any person, or
any officer of any partnership, firm, association or corporation found
to be in violation shall pay the fine as set forth above, plus all
court costs and reasonable attorney's fees incurred by the Township
in the civil enforcement proceedings. Any violation of this chapter
shall continue and shall be subject to the penalties imposed above
for each and every separate offense. Each day that a violation of
this chapter continues shall constitute a separate offense.
This chapter shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building, or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal-use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises include auto junkyards and auto body shops, but shall not include automobile service stations or tire, battery and accessory sales stores. This chapter does not apply to licensed salvers or to junkyards, salvage yards or scrap yards licensed and operating in accordance with Chapter 172, Junkyards, as that chapter may be amended from time to time.
