[HISTORY: Adopted by the Borough Council of the Borough of McKees Rocks 10-10-2017 by Ord. No. 1743. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.
ABANDONED VEHICLE
Any inoperative, unlicensed, or uninspected motor vehicle that is in a state of disrepair and is parked, kept, or stored on any premises.
[Amended 11-12-2019 by Ord. No. 1763]
BOROUGH
The Borough of McKees Rocks.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PROPERTY
Any real property within the Borough which is privately owned and which is not "public property" as defined in this section.
PUBLIC PROPERTY
Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility.
REMOVAL AND REMOVED
The vehicle is not simply relocated on public property or another person's private property within the Borough, unless authorized under § 620-2.
VEHICLE
Any motorized vehicle which is and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go carts, golf carts, and campers or trailers or other such vehicles designed modified to be towed or otherwise propelled by a motorized vehicle.
No person shall park, store, leave, or permit the parking, storing or leaving of an abandoned vehicle, whether attended or not, upon any public property within the Borough for a period of time in excess of 48 hours or upon any private property within the Borough for a period of time in excess of 30 days. The presence of abandoned vehicles on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to any vehicle fully enclosed within a building on private property.
Written notice of violation of this chapter shall be served upon the owner of the property, his agent, the person in possession or control of the property, or the owner of the vehicle of a violation of this chapter and providing the opportunity to remove the vehicle in the time specified in this chapter or to request a hearing. All motor vehicles that do not have a license plate attached and are parked on any McKees Rocks rights-of-way or properties will be subject to towing without further notice.
The owner of the abandoned vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be jointly and severally responsible for its removal. In the event of removal and/or disposition of a vehicle by the Borough, the owner, or occupant of the private property where the same is located and the owner of the vehicle shall be jointly and severally liable for the expenses incurred to remove the vehicle. It shall be unlawful for any person to interfere with, hinder, or refuse to allow officers to enter upon private property for the purpose of removing a vehicle under the provision of this chapter.
A. 
Prior to the removal of an abandoned vehicle bearing a registration plate, certificate of inspection or vehicle identification number plate, by which the last registered owner can be determined, the Police Department shall send a notice by regular mail to the last registered owner of the vehicle informing the owner that unless the vehicle is moved to a suitable location within seven days of the date notice is mailed, the vehicle will be removed under this section and held at a suitable facility where it may be reclaimed by the owner in accordance with the provisions of 75 Pa.C.S.A. § 7306 (relating to payment of costs upon reclaiming vehicle). If the abandoned vehicle does not bear an identifiable registration plate, certificate of inspection or vehicle identification number plate, the notice may be secured to the dashboard of the vehicle.
B. 
If, within the seven-day period, the owner so requests, the owner shall be given an opportunity to explain to the police officer or Department why the owner believes the vehicle should not be removed. If the police officer or Department determines that the vehicle shall, nonetheless, be removed, the owner shall be given an additional 48 hours to remove the vehicle, have it removed or demand a hearing, which shall conform to the requirements of 2 Pa.C.S.A. Ch. 5 Subch. B (relating to practice and procedures of local agencies). The police officer or Department shall inform the owner of the right to a hearing by delivering to the owner a notice warning the owner that, unless the vehicle is removed or a hearing is demanded, the owner shall be subject to the provisions of 75 Pa.C.S.A. § 7306. If, as a result of the hearing, it is determined that the vehicle will be removed, the owner shall be given an additional 48 hours to remove the vehicle or have it removed. The hearing shall be before the Borough Secretary or his designated civilian representative.
C. 
The provision for notice set forth in this section is applicable only if the vehicle is abandoned upon private property.
Any person violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $300. Each day any person shall be in violation of any of the provisions of this chapter shall be deemed a separate offense.
The provisions of this chapter shall be severable and, should any provisions hereof be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
All ordinances or portions of ordinances, including, but not limited to, Borough Ordinances Nos. 1019, 1174, 1221, 1446, 1477, 1570, and 1631, which conflict with any of the provisions of this chapter, are repealed to the extent of such inconsistency.