[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek 11-19-2008 by Ord.
No. 2008-198. Amendments noted where applicable.]
B.
Purpose. Whereas the Board of Supervisors of Harborcreek Township
finds it necessary and desirable to promote the comfort, health, and
safety of occupants and visitors to the Township, to promote the attractiveness
and aesthetic appearance of the Township, to protect property values
throughout the Township, and to preserve the livability of neighborhoods,
the purpose of this chapter is to limit and restrict the outdoor storage,
parking or unreasonable accumulation of junk or partially dismantled
or nonoperating motor vehicles or motor vehicle parts and nonautomotive
debris, including junk refrigerators and miscellaneous debris upon
public and private premises within the Township, to avoid injury and
hazards to children and others attracted to such vehicles and debris,
to prevent degradation of the environment caused by such vehicles
and debris, and to minimize the devaluation of property values and
the psychological ill effects of the presence of such vehicles and
debris upon adjoining residents and property owners.
As used in this chapter, the following terms shall have the
meanings indicated:
An abandoned motor vehicle is one that is left:
The Township Code Enforcement Officer, or other person designated
by the Board of Supervisors, is authorized to declare that a vehicle
or collection of materials meets the definitions of this chapter.
Any motor vehicle or collection of materials ("debris") on
private or public property that is declared to be a health or safety
hazard and public nuisance, including but not limited to the following
conditions:
A breeding ground or harbor for mosquitoes or other insects,
rats, or other pests;
A point of weed growth and/or other vegetation over eight inches
in height;
A point of collection for pools or ponds of water;
A point of concentration of gasoline, oil or other flammable
or explosive materials;
So located that there is a danger of the vehicle or debris falling
or turning over;
A place in which debris, bottles or other solid waste, animal
waste, or any other rotten or putrescent matter of any kind is discarded;
A source of danger for children through entrapment in areas
of confinement that cannot be opened from inside or from exposed surfaces
of metal, glass or other rigid materials; or
Any other vehicle or collection of materials specifically declared
a health and safety hazard and a public nuisance by the Harborcreek
Township Board of Supervisors.
In determining whether a vehicle constitutes a junk motor
vehicle, the Township Code Enforcement Officer or other designated
person shall take into consideration, but not limited to, the following
criteria:
The vehicle is partially dismantled or wrecked; or
The vehicle cannot be self-propelled or moved in the manner
in which it originally was intended to move; or
The vehicle does not display a current license plate or a valid
inspection decal; or
Whether the tires, wheels and other essential parts of the vehicle
are present for the operation of the vehicle, flat tires, the condition
of the exterior or any other specific evidence that would support
a finding that the vehicle is junked.
All machines designed or intended to travel over land by
self-propulsion, or machines intended to be attached to a self-propelled
vehicle such as trailers and campers.
A.
It shall be unlawful for the registered owner or person entitled
to possession of a motor vehicle or for the owner, lessee, or occupant
of real property to allow vehicles or debris to remain on the property
after they have been declared abandoned or hazardous by an authorized
official.
B.
The owner, lessee, or occupant shall have 10 days after notification
by the Township Code Enforcement Officer, or other person designated
by the Board of Supervisors, to remedy the situation by removal or
remediation of the vehicle or debris.
It shall be unlawful for the registered owner or person entitled
to the possession of a junk motor vehicle, or upon which a junk motor
vehicle is located, to leave or allow a junk motor vehicle to remain
on the property after the vehicle has been ordered removed.
A.
One junk motor vehicle in its entirety can be located outside on
private property, if the junk motor vehicle is entirely concealed
by fenced enclosures or permanent vegetation or topography that prevents
its view from outside the property, or which is covered by a cloth
or plastic cover which has been specifically manufactured for the
covering of vehicles. The Code Enforcement Officer, or other designated
persons, have the authority to determine whether any junk motor vehicle
is adequately concealed as required by this section and whether the
junk motor vehicle presents a hazard as defined in this chapter.
B.
Nothing in this chapter shall apply to any vehicle:
(1)
In a building or other structure that provides a complete enclosure;
(2)
On the premises of a business enterprise being operated in a lawful
place and manner if the vehicle is necessary to the lawful operation
of the business enterprise. Mere storage or idle standing of a vehicle
does not constitute a vehicle necessary to the operation of the business
enterprise;
(3)
In an appropriate storage place or depository maintained in a lawful
place and manner; or
(4)
On the premises of a farmstead, when necessary for the operation
of the farmstead.
A.
Upon investigation, the Township Code Enforcement Officer, or other
person designated by the Board of Supervisors, may order the removal
by the Township, or authorized contractor, of abandoned, hazardous
or junk motor vehicles as defined in this chapter after finding in
writing that the health and aesthetic benefits of removing the vehicle
outweigh the burdens imposed on the private property owner. Such findings
shall be based on a balancing of the monetary loss of the apparent
owner against the corresponding gain to the public.
B.
An abandoned, hazardous or junk vehicle which is to be removed shall
be towed or removed only after a reasonable effort to give notice
to the registered owner or person entitled to possession of the vehicle.
(1)
If the names and mailing addresses of the registered owner or person
entitled to the possession of the vehicle, or the owner, lessee, or
occupant of the real property upon which the vehicle is located can
be ascertained in the exercise of reasonable diligence, the notice
shall be given by certified mail.
(2)
If such names and addresses cannot be ascertained or if the vehicle
to be removed is abandoned motor vehicle, notice shall be given by
affixing on the windshield or other conspicuous place on the vehicle
a notice indicating that the vehicle will be removed by the Township
on or after a specified date, unless the vehicle is removed by the
owner or legal possessor prior to that time.
C.
Circumstances justifying removal of vehicle without prior notice:
for vehicles left on public roads over which Harborcreek Township
has authority or on private rights-of-way, an authorized official
may determine that immediate removal of such vehicles is warranted
when there is a special need for prompt action to protect and maintain
the public health, safety and welfare. By way of illustration and
not limitation, such circumstances include vehicles blocking or obstructing
ingress or egress to businesses and residences, vehicles parked in
such a location or manner as to pose a traffic hazard, and vehicles
causing immediate damage to public or private property.
D.
Any vehicle which has been ordered removed, as directed by the Township
Code Enforcement Officer, or other person designated by the Board
of Supervisors, may be transported to a storage garage or area by
a tow truck operator or towing business hired by the Township.
(1)
Whenever such a vehicle is removed, the Township shall immediately
notify the last known registered owner of vehicle; such notice to
include the following:
(2)
Whenever a removed vehicle has no valid registration or registration
plates, the Township shall make reasonable efforts, including checking
the vehicle identification number, to determine the last known registered
owner of the vehicle and to notify him of the information set forth
above.
(3)
At any stage in the proceedings, the owner may obtain possession
of the removed vehicle by paying the towing fee, including any storage
charges. Upon regaining possession of a vehicle, the owner or person
entitled to the possession of the vehicle shall not allow or engage
in further violations of this chapter.
(4)
Any removed motor vehicle which is not claimed by the owner or other
party entitled to possession within 60 days will be disposed of by
the Township, or by the tow truck operator or towing business having
custody of the vehicle if so directed by the Township.
(5)
The Township may seek full recovery from the owner of all reasonable
expenses and fees attendant to removal and storage of the vehicle.
The Harborcreek Township Code Enforcement Officer, or other
designated person, shall be responsible for enforcing the provisions
of this chapter.
No person shall be held to answer any civil or criminal action
to any owner or other person legally entitled to the possession of
an abandoned, hazardous or junk motor vehicle for the disposing of
such vehicle as provided in this chapter.
The provisions of this chapter are severable and if any provision
of this chapter or the application thereof is held invalid, the invalidity
shall not affect other provisions or applications of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $300 and, in default of payment, to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation of this
chapter continues shall constitute a separate offense.
All other ordinances or parts of ordinances in conflict herewith
are hereby repealed.
This chapter shall become effective five days after its enactment.
