[Amended 3-27-2017 by Ord. No. 2017-04]
It shall be unlawful for any person, owner or lessee to maintain
a junk motor vehicle nuisance or abandoned vehicle as defined herein
upon any public lands and/or public rights-of-way or on the open private
grounds of such person, owner or lessee within Union Township.
[Amended 3-27-2017 by Ord. No. 2017-04]
If the owner of grounds on which motor vehicles are stored does
not comply with the notice to abate the nuisance within the time limit
prescribed, Union Township shall have the authority to take measures
to correct the conditions and collect the cost of such corrections
plus 10% of all costs. Union Township, 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. Removal of abandoned vehicle.
(1) All motor vehicles declared to be abandoned as defined herein (Also
see Section 102 of the Motor Vehicle Code) shall be removed by the owner thereof or by the owner
or occupant of the private property on which any such vehicle is located.
Upon the failure of the owner of any abandoned vehicle to remove the
vehicle within five days after receiving written notice to do so from
the Police Department, such notice being given either by personal
service or by certified mail to the owner of such abandoned vehicle
or to the owner or occupant of such private property, the Police Department
may remove the same or cause the same to be removed.
(2) The police officer, within 24 hours after any vehicle has been removed
and impounded, shall notify the owner of record of any such vehicle,
either by personal service or by certified mail, and also the owner
or occupant of the property from which any such vehicle has been removed,
in like manner, of the fact that such vehicle has been impounded,
the place from which it was removed, the reason for its removal and
impounding and the place where the vehicle has been impounded.
(3) The Police Department is hereby authorized to immediately remove
or direct the removal of any vehicle abandoned or presumed to be abandoned
from any roadway, including the roadway's berm or shoulder, to
the nearest point off the roadway where the vehicle will not interfere
with or obstruct traffic.
B. Towing and storage regulations.
(1) In removing any abandoned vehicle, the Police Department shall cause
the same to be towed away and stored by such towing services or garages
approved as salvors under the Pennsylvania Motor Vehicle Code.
(2) Any approved towing service or garage, prior to engaging in any towing
away and/or storing of any vehicle hereunder, may be required to file
a surety bond with the Township, such bond to indemnify the Township
and the owner of any impounded vehicle against loss thereof or injury
or damage thereto while any vehicle is in the custody of such garage.
(3) Specific towing and storage charges to be made under this chapter
shall be fixed from time to time by the Board of Supervisors.
C. Recovery of vehicle; payment of charges.
(1) The owner of any impounded vehicle shall be entitled to recover possession
of such vehicle upon the payment to the Township of the towing and
storage charges.
(2) The payment of such charges, unless made under protest, shall be
final and conclusive and shall constitute a waiver of any right to
recover the money so paid. In the event that the towing and impounding
charges are paid under protest, the owner shall be entitled to a hearing
before a Magisterial District Judge or a court of record having jurisdiction,
as in the case of a prosecution as in other cases of summary offenses
under the Motor Vehicle Code of Pennsylvania, and the Magisterial
District Judge or court of record shall proceed in accordance with
Paragraph 1103 of the Motor Vehicle Code of the Commonwealth of Pennsylvania.
See 75 Pa.C.S.A. § 101 et seq.
D. Vehicles of unknown ownership.
(1) In the event that the Police Department is unable to ascertain the
ownership of an abandoned vehicle found upon private property, the
Chief of Police or someone at his direction may notify the owner or
occupant of the private property in writing, either by personal service
or certified mail, to remove such vehicle to an authorized junkyard
or scrap yard within seven days of receipt of the written notice.
In lieu of the owner removing the abandoned vehicle, the property
owner may authorize (in writing) the Police Department to remove the
abandoned vehicle in accordance with the provisions of this chapter.
E. Arrangement for towing with police.
(1) The owner of any abandoned vehicle or the owner or occupant of any
private property on which any such vehicle is located may arrange
with the Chief of Police to have such vehicle towed away to a garage
as a pound for the storage of such vehicles or to an authorized junkyard
or scrap yard upon prepayment of a charge satisfactory to the Township
Manager.
F. Police report of abandonment.
(1) Where an abandoned vehicle is removed under the provisions of this
chapter and it remains unclaimed for a period of 15 consecutive days
without being removed by its owner or any other person duly authorized
to remove the same, the Chief of Police shall be authorized to report
or cause to be reported the abandonment of such vehicle to the Department
of Revenue of the Commonwealth of Pennsylvania, and all other applicable
parties as provided for in the Motor Vehicle Code. See 75 Pa.C.S.A.
§ 101 et seq., specifically §§ 7304.1 and
7305.
G. Abatement of junk vehicle nuisances.
(1) In the event a junk vehicle is found to be a nuisance in violation
of a state or Township Code by the District Justice and the owner
has failed to remedy the problem or appeal the decision within the
appropriate time limit, the Township shall have the right to repair,
abate, or otherwise remove the junk vehicle nuisance violations occurring
and ongoing on the property with the costs thereof being charged against
the property owner. Failure of the owner to pay the costs may result
in a lien being placed against the property.
H. Additional remedies.
(1) The Township, Police Department and/or its agents, assigns, etc.,
shall be entitled all other remedies provided for under the law, including
the Union Township Code and Pennsylvania Motor Vehicle Code, including reimbursement of costs and disposal of unclaimed
vehicles through public sale, salvage, etc.
[Amended 3-27-2017 by Ord. No. 2017-04]
Violations deemed to be a junk vehicle nuisance under the Township
Code that are not adequately remedied as determined by the Township
Code Official and/or done so in a timely manner as detailed in the
notice of violation shall result in a citation being filed with the
local Magisterial District Court. Any aggrieved party shall have the
right to appeal the Magistrate's decision to the Court of Common
Pleas. This provision shall not apply for abandoned vehicles as defined
herein.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
The remedies provided herein for the enforcement of this chapter
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 Board of Supervisors.