A motor vehicle found parked within the Borough upon any public
street or public property, at any time, may, by or under the direction
of the Borough Manager or any officer of the Borough Police Department,
be towed and impounded if there are five or more outstanding parking
tickets or citations that have been neither paid nor successfully
contested, subject to the requirements set forth in this Part. For
purposes of this Part, "impound" means to store the vehicle with a
Borough-approved vehicle towing and storage service provider.
The Borough shall keep a list of all vehicles subject to being
towed and impounded in accordance with this Part. Owners of vehicles
issued five or more outstanding parking tickets or citations that
have been neither paid nor successfully contested shall be sent by
the Borough, by standard and certified mail addressed to owner to
whom the vehicle is registered, a written notice that the vehicle
has been placed onto the list of vehicles subject to being towed and
impounded, without further notice, after 20 days have passed from
the date of the notice. The notice will include details concerning
the amount of fines and related fees, penalties and cost to be paid
in order to have the vehicle removed from the list. The notice will
also provide the owner with the right to request an administrative
hearing before a Borough hearing officer to show cause why the vehicle
should not be included on the list. The hearing will not be determinative
of or adjudicate the merits of any ticket, citation or violation issued
but will be limited solely to whether the vehicle properly meets the
criteria for listing, towing and impoundment pursuant to this Part.
Such hearing must be requested by the vehicle owner, in writing, within
10 business days of the notice being mailed.
All parking tickets issued by the Borough of Homestead will
include the following notice language in bold type:
Any person with five (5) or more outstanding paring violations
is subject to be towed.
Within one business day of a vehicle being towed and impounded
pursuant to this Part, the Borough shall send to the registered owner
of the vehicle, by standard and certified United States Mail, written
notice that the vehicle has been towed and impounded pursuant to this
Part. The notice will include instructions concerning how the owner
can re-obtain possession of the vehicle upon payment of all parking
fines and related penalties, fees and costs (including towing and
storage fees), and will set forth information concerning the owner's
right to an administrative hearing before a Borough hearing officer
to show cause why the vehicle should not have been towed and impounded.
Said hearing will be scheduled to take place within three business
days of a hearing being requested by a vehicle owner. Such hearing
must be requested in writing within five business days of the notice
being mailed to the vehicle's owner by the Borough. If no timely
hearing is requested, the vehicle shall remain impounded until all
outstanding parking fines and related penalties, fees and costs (including
towing and impoundment/storage fees as set forth in the applicable
Borough Fee Resolution) are paid. The towing and impoundment/storage
fees shall be as set by Council, by resolution.
Vehicles unclaimed within 30 days after towing and impounding
in accordance with this Part shall be deemed abandoned and subject
to disposal, as such, by the Borough, in the manner authorized by
law.