The Code Enforcement Officer, on routine inspection or upon receipt of a complaint, may enter upon private property to investigate a suspected junked motor vehicle or motor vehicle accessories stored or maintained in violation of this chapter and record the make, model, style and identification numbers and its situation and condition.
[Amended 10-10-1994 by Ord. No. 466, approved 10-10-1994; 5-14-2001 by Ord. No. 559, approved 5-14-2001]
A.
Notice of removal. Whenever the Building Inspector, Code Enforcement Officer or any member of his department finds or is notified that any junked or abandoned motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property within the Borough and in violation of the provisions of this chapter, the Code Enforcement Officer shall send by certified or registered mail a notice to the owner of record or person having custody of such motor vehicle or accessories, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property, as shown on the tax assessment records of the Borough, on which the same is located, to remove the junked or abandoned motor vehicle, trailer or motor vehicle accessories within 30 days. Such notice shall contain the following additional information:
(1)
Nature of complaint;
(2)
Description and location of the motor vehicle and/or motor vehicle accessories;
(3)
Statement that the motor vehicle or motor vehicle accessories shall be removed from the premises no later than 30 days from the 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 additional penalties;
(5)
Statement that if removal is made within the time limit specified, notification thereof shall be given in writing to the Building Inspector or Code Enforcement Officer; and
(6)
Statement of the penalties provided for noncompliance with such notice.
B.
Notice of removal during snow emergency. The Borough Police Department may direct that a vehicle parked in a location prohibited during a snow emergency may be towed immediately. The pretowing notice provisions contained in this section shall not be required. Thereafter, the salvor will comply with the notice provisions of this chapter.
When the owner of the property or the owner of the vehicle fails to remove the junk motor vehicle from the private property or public street or highway within the Borough, the Borough Code Enforcement Officer may cite the violator and request the Police Department to provide a written request to the permitted salvor to remove the vehicle in compliance with the law.
A.
The salvor shall comply with all of the necessary requirements of the Pennsylvania Motor Vehicle Code, Abandoned Vehicles and cargo, 75 Pa.C.S.A. § 7301 et seq.
B.
The salvor, upon written request of the Police Department, shall take possession of and remove to the storage facility of the salvor any abandoned vehicle located within 30 miles of the place of business of the salvor.
Any salvor taking possession of an abandoned vehicle shall, within 48 hours after taking possession, report to the Department of Motor Vehicles the make, model, vehicle identification number and registration plate number of the abandoned vehicle, the name and address of the owner or person who abandoned the vehicle if known, together with any other information or documents which the Department of Motor Vehicles may by regulation require. The report shall include a statement whether the vehicle is valueless except for salvage. Where the report indicates the vehicle is valueless except for salvage, the salvor shall include a photograph of the vehicle to be prepared in a manner prescribed by the Department of Motor Vehicles. A report by the salvor that a vehicle is valueless except for salvage shall be verified by the Police Department which authorized transfer of the vehicle to the salvor.
A.
General rule. Except as provided in 75 Pa.C.S.A. § 7309 (relating to salvaging of vehicles valueless except for salvage), the Department, upon receipt of notice that an abandoned vehicle has been taken into possession pursuant to this chapter, shall notify by certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle is abandoned.
B.
Contents of notice. The notice shall:
(1)
Describe the make, model, title number, vehicle identification number and registration plate number of the abandoned vehicle, if known.
(2)
State the location where the vehicle is being held.
(3)
Inform the owner and any lienholders of their right to reclaim the vehicle within 30 days after the date of the notice at the place where the vehicle is being held by the salvor, upon payment of all towing and storage charges and the fee authorized in 75 Pa.C.S.A. § 7306 (relating to payment of costs upon reclaiming vehicle).
(4)
State that the failure of the owner or lienholder to reclaim the vehicle is deemed consent by the owner to the destruction, sale or other disposition of the abandoned vehicle and of all lienholders to dissolution of their liens.
C.
Notice by publication. If the identity of the last registered owner and of all lienholders cannot be determined with reasonable certainty, the contents of the notice set forth in Subsection B shall be published one time in one newspaper of general circulation in the area where the vehicle was abandoned. The notice may contain multiple listings of abandoned vehicles. Notice by publication locally shall be the responsibility of the salvor. The notice shall have the same effect as notice sent by certified mail.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the event the owner or lienholder of an abandoned vehicle reclaims the vehicle, the reclaiming party shall pay the costs for towing and storage, plus a fee of $50 of which $25 shall be transmitted to the Department by the salvor.
The Department shall, after the expiration of 30 days from the date of notice sent by certified mail to the registered owner and all lienholders of record or 30 days after publication of notice, where applicable, and upon receipt of a written statement from the holder of the vehicle that the abandoned vehicle has not been reclaimed by the owner or lienholder within the thirty-day period, authorize the disposal of the abandoned vehicle in accordance with the provisions of this chapter.
A.
General rule. If an abandoned vehicle having value has not been reclaimed as provided in this chapter, the vehicle shall be sold at a public auction.
B.
Title of purchaser. The salvor shall give the purchaser a sales receipt and shall apply to the Department for a title which shall be free and clear of all previous liens and claims of ownership.
C.
Disposition of proceeds. From the proceeds of the sale of the abandoned vehicle, the salvor shall be reimbursed for the costs of towing, storage, notice and publication costs and expenses of auction. The remainder of the proceeds of a sale shall be held for the owner of the vehicle or record lienholder for 60 days from the date of sale and if not properly claimed shall then be paid to the Department and transmitted to the State Treasurer for deposit in the Motor License Fund.
A.
Application for certificate of salvage. If an abandoned vehicle is valueless except for salvage, the salvor shall note that fact in the report to the Department required in 75 Pa.C.S.A. § 7304 (relating to reports to Department of Possession of Abandoned Vehicles) and shall apply for issuance of a certificate of salvage as provided for in 75 Pa.C.S.A. § 1117 (relating to vehicle destroyed, dismantled, salvage or recycled).
B.
Notice and issuance of certificate. If the identity of the last registered owner cannot be determined with reasonable certainty and it is impossible to determine with reasonable certainty the identity and addresses of any lienholder, no notice shall be required. Under such circumstances, the Department shall, upon receipt of the report by the salvor pursuant to 75 Pa.C.S.A. § 7304 issue a certificate of salvage as provided in 75 Pa.C.S.A. Subchapter D of Chapter 11.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Reimbursement of expenses of salvor. Upon receipt within six months of evidence that a salvor has removed an abandoned vehicle upon the request of a police department, the Department shall pay to the salvor from the Motor License Fund the sum of $15 for the expenses incurred in the removal and towing of the abandoned vehicle. No portion of the payment of $15 or any separate consideration shall be reimbursed or paid to any government agency or municipality by the salvor.
D.
Rights of owners and lienholders. Issuance by the Department of a certificate of salvage for a vehicle salvaged under this section shall operate as a divestiture of all right, title and interest in the vehicle of the owner and all lienholders.