[Adopted 4-13-1993 by Ord. No. 1553]
The Council of the City of Clairton finds that the keeping or
storing of motor vehicles or vehicle parts on private property under
certain circumstances can constitute public nuisances and pose a threat
to the health, safety and welfare of the residents of the City, detract
from the aesthetic appearance of the community and contribute to the
further decline of real estate values in the City, and therefore the
Council deems it necessary to regulate, restrain or eliminate the
keeping or storing of motor vehicles or motor vehicle parts under
the circumstances as set forth herein.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Owner for the purpose of this article when the lessor holds
the lessee responsible for maintenance and repairs.
Any type of mechanical device, propelled by a motor, in which
persons or property may be transported upon public streets or highways
and including trailers or semitrailers pulled thereby and further
including any parts of motor vehicles as defined herein.
Any condition, structure or improvement which shall constitute
a threat or potential threat to the health, safety or welfare of the
residents of the City.
The actual owner, agent or custodian of the property on which
motor vehicles are stored, whether individual or partnership, association
or corporation.
A natural person, firm, partnership, association, corporation
or other legal entity.
It shall be unlawful for any person, owner or lessee or agents
thereof to keep, maintain, park or store a motor vehicle nuisance
on private property in the City. A motor vehicle nuisance shall include
any motor vehicles or motor vehicle parts which are subject to any
of the following defects or conditions:
A.
Missing or open doors, windows, hood, trunk or other vehicle body
parts, flat or open tires or tubes, torn or open upholstery and any
other conditions relating to vehicles or vehicle parts which would
permit or encourage infestation or harborage by rats, mosquitoes,
cockroaches, flies, ticks, snakes or other rodents, vermin or vectors.
B.
Broken windshields, mirrors, headlamps, tail lamps or other glass
with sharp edges or damaged, broken or protruding body parts of any
type with sharp edges capable of causing injury, including but not
limited to holes in the vehicle body resulting from rust, disassembled
or protruding chassis or body parts, damaged bumpers, grilles or antennas
or loose or damaged metal trim, or inoperable locking mechanisms for
doors, trunk or hood.
C.
Inadequate or unsafe suspension or support of a motor vehicle or
motor vehicle part resulting from missing tires, broken vehicle frames,
disassembled chassis parts or other condition.
D.
Leakage or exposure of gasoline, oil, battery acid, grease or other
chemicals or pollutants which would pose a danger of fire, combustion
or explosion or which would threaten contamination of the surrounding
soil, air or water.
E.
Contributing to the uncontrolled growth of brush, grass and weeds
or the uncontrolled collection of garbage, rubbish, refuse or any
other solid waste.
F.
Such other defects or conditions which could pose a threat to the
health, safety and welfare of the residents of the City.
The keeping, maintaining, parking or storing of a motor vehicle
nuisance shall be permitted within a secured garage or other approved,
enclosed and secured structure or when properly kept, maintained,
parked or stored in junkyards or commercial garages which are permitted
and authorized in accordance with the laws of the Commonwealth of
Pennsylvania and the City of Clairton.
A.
All police officers and code enforcement officials of the City of
Clairton are hereby empowered to enter upon and inspect private property
on which motor vehicles or motor vehicle parts are kept, maintained,
parked or stored to determine if there is compliance with the provisions
of this article.
B.
In the event that a violation of this article is found, a written
notice shall immediately be served by certified mail or by personal
service upon the owner of the private property on which a motor vehicle
nuisance is being kept, maintained, parked or stored in violation
of this article. If the owner of property on which the motor vehicle
nuisance is located cannot be found or identified, then the notice
of violation shall be posted upon the vehicle or vehicle part.
C.
Said notice shall specify the defects or conditions which have been
determined to constitute a violation of this article, shall state
the date and time of the investigation and a description of vehicles
or vehicle parts involved and shall require the removal of said vehicles
or vehicle parts within five calendar days of the receipt or posting
of the notice hereunder.
If the owner of such property does not comply with the notice
to abate the defects or conditions found within the time period prescribed,
the City shall have the right and power to enter upon the property
and shall have the authority to take such actions as are necessary
to correct said defects and conditions, including the towing and removal
of the vehicles and vehicle parts at the owner's expense, and
to recover all costs of such correction.
A.
Any person aggrieved by the enforcement of this article may request
and shall then be granted a hearing before the City Council; provided,
however, that within five days from the date of receipt or posting
of the written notice, the grievant shall:
B.
The hearing shall commence not later than 30 days after the date
on which the written appeal was filed, unless postponed for sufficient
cause or by agreement of the parties.
C.
Within 30 days of the date of said hearing, the City Council shall
sustain, modify or overrule the action of the police officer or code
enforcement official.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 and not more than $1,000 and/or to undergo imprisonment for a
term not to exceed 90 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 City Council.
