City of Erie, PA
Erie County
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Table of Contents
Table of Contents
CROSS REFERENCES
Abandoned vehicle defined — See 75 Pa.C.S.A. § 102.
Removal — See 75 Pa.C.S.A. § 3352, 7310.
Reports of garage keepers — See 75 Pa.C.S.A. § 7311.
Abandonment and penalty — See 75 Pa.C.S.A. § 3712.
Impounding of vehicles — See TRAF. Ch. 527.
[Ord. 14-1967 § 2, passed 4-26-1967]
No person shall park, store or leave any motor vehicle of any kind in a wrecked, junked, stripped or abandoned condition, in a place where its presence constitutes a hazard on private property, and no owner of such motor vehicle, or the owner or occupant of any property, shall allow, permit or suffer the same to be left upon any privately owned property, unless the same be authorized in conjunction with a business property operated, pursuant to the zoning laws and other laws of the City.
[Ord. 14-1967 § 2, passed 4-26-1967]
If the Director of the Department of Public Safety or any of his authorized agents find that a violation of this article exists, the Director shall notify the owner of the property on which the motor vehicle is stored or parked, or the owner of the motor vehicle, or both, of the violation, and order the owner of such motor vehicle within five days thereof, and the owner of the property on which the motor vehicle is stored or parked, within 45 days thereof, to remove the motor vehicle.
[Ord. 14-1967 § 2, passed 4-26-1967]
Notice shall be given by personal service or by registered mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or motor vehicle owner cannot be ascertained, the posting of such notice or copies thereof on the real property, motor vehicle, structure or area immediately adjacent thereto shall constitute sufficient notice.
[Ord. 14-1967 § 2, passed 4-26-1967]
Within 10 days after receipt of the notice, the party or parties affected may request a hearing with the Director of the Department of Public Safety by filing a written request with the Director. The owner of the motor vehicle shall, with the request, file a fee of $15 to cover the costs involved in the hearing. After such hearing, the Director shall affirm, withdraw or modify the notice.
[Ord. 14-1967 § 2, passed 4-26-1967]
If a hearing is not requested, then the parties affected shall proceed to remove or have removed such motor vehicle from such property in accordance with the notice and order.
[Ord. 14-1967 § 2, passed 4-26-1967]
On proper request, a hearing on the matter shall be given forthwith and where more than one party is involved it shall be the duty of the party requesting the hearing to notify all other parties affected or interested of the time and place of the hearing.
[Ord. 14-1967 § 2, passed 4-26-1967]
If the violation complained of shall not have been remedied within the period as required by the order, the City shall, through its own agents, contractors and/or employees, remedy the violations by removing such vehicle and charge the costs thereof to the real property owner on whose property the vehicle is located. Such cost shall, after a proper demand and refusal or a failure to pay after 30 days, constitute a lien in such realty which shall be filed by the City Solicitor.
[Ord. 14-1967 § 2, passed 4-26-1967]
Nothing in this article shall prevent the Director of the Department of Public Safety or duly authorized officials, from removing from private property without notice, any attended or unattended motor vehicle, the presence of which constitutes a hazard or threat to the life, health, safety, welfare and morals of the citizens of the City which is imminently dangerous and in the opinion of the Director or authorized officials, constitutes a nuisance which gives rise to the existence of emergency conditions.
Whoever violates Section 529.01 is guilty of a summary offense and shall be fined $50 plus costs of disposing of the vehicle.