City of Lancaster, PA Chapter 288 Vehicles, Hazardous

[HISTORY: Adopted by the City Council of the City of Lancaster as Article 1177 of the Codified Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Junkyards — See Ch. 177.

Property maintenance — See Ch. 223.

§ 288-1 Definitions.

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the following meanings:

HAZARDOUS VEHICLE

A vehicle which:

A. Contains one or more broken windows or one or more missing doors or a missing trunk or hood which allows entry into the vehicle by vermin and/or children; or

B. Is structurally unstable or supported by blocks, jacks or other devices and may slip or move, presenting a danger to passersby; or

C. Is parked upon private or public property in such a manner as to obstruct the vision of drivers or interfere with the free movement of vehicles or pedestrians.

§ 288-2 Hazardous vehicles prohibited.

A. No person who owns a hazardous vehicle shall park, place, deposit or permit the hazardous vehicle upon any street, sidewalk, public property or private property within the City.

B. No person owning or occupying any property within the City shall permit any hazardous vehicle to remain on such property.

§ 288-3 Duty to remove hazardous vehicles.

Any person who owns a hazardous vehicle shall remove such vehicle from any street, sidewalk, public property or private property and arrange for its disposal in accordance with the requirements of the Pennsylvania Vehicle Code.[1]

[1] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

§ 288-4 Removal of hazardous vehicles by City.

A. If any hazardous vehicle is parked, deposited or placed upon a street, sidewalk or public property, such vehicle may be removed immediately by the Police Bureau or a salvor authorized by the Pennsylvania Department of Transportation under 67 Pa. Code § 253.1 et seq.

B. If any hazardous vehicle is parked, deposited or placed upon private property, the Police Bureau or other appropriate City department shall notify the owner of the vehicle of his/her duty to remove the vehicle and of the City's intent to tow. The notice shall be placed upon the hazardous vehicle, and in addition, notice shall be provided orally or in writing to the owner of the vehicle providing a time limit, not to exceed 24 hours, after which the vehicle may be towed. If the owner cannot be ascertained and/or located, the placing of the notice of intent to tow on the vehicle at least 24 hours prior to towing shall constitute sufficient notice. If the vehicle is deemed to constitute an immediate danger to the public and, after reasonable efforts are made, the owner cannot be ascertained and/or located, the vehicle may be towed without notice.

[Amended 2-22-2011 by Ord. No. 4-2011]

C. If the owner or occupant of the property is not the owner of the hazardous vehicle, the owner or occupant may grant the City the permission to remove the hazardous vehicle immediately.

§ 288-5 Costs for removal of hazardous vehicles by City.

[Amended 11-15-2005 by Ord. No. 19-2005]

A. The owner of a hazardous vehicle parked, deposited or placed upon a street, sidewalk or public property shall be liable for all costs incurred by the City in the removal of such vehicle, plus the administrative fee, interest, penalties and other charges prescribed by Chapter 36. The owner of such hazardous vehicle shall be billed by the City for such costs and penalty.

B. The owner of a hazardous vehicle parked, deposited or placed upon the private property of another person shall be liable for all costs incurred by the City in the removal of such vehicle, plus the administrative fee, interest, penalties and other charges prescribed by Chapter 36. The owner of such hazardous vehicle shall be billed by the city for such costs and penalty.

C. The owner of a hazardous vehicle parked, deposited or placed upon his property who fails to remove such vehicle after notice to do so by the Police Bureau or other appropriate City department shall be liable for all costs incurred by the City in the removal of such vehicle, plus the administrative fee, interest, penalties and other charges prescribed by Chapter 36. The owner of such property shall be billed by the City for such costs, fees, charges and penalty. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.

§ 288-6 Disposal of hazardous vehicles.

A. Notice to the owner or occupier of property upon which a hazardous vehicle is located and notice to the owner of a hazardous vehicle given pursuant to § 288-4B herein shall state that if the city or an authorized salvor is required to remove the hazardous vehicle, the city or salvor shall dispose of the vehicle immediately upon removal of the vehicle.

B. If the hazardous vehicle is removed pursuant to § 288-4A or C herein without prior notice to the owner of the hazardous vehicle, the city shall notify the owner by personal service or certified mail or registered mail within five days of the removal of the hazardous vehicle of the location of the vehicle and state that if the vehicle is not removed from the location to which it has been taken by the city or salvor within five days, it shall be disposed of and the owner of the vehicle shall have no claim against the city.

C. If the city is unable to determine the owner of a hazardous vehicle or if the owner's name is known and the city is unable to determine the address of the owner of such hazardous vehicle removed pursuant to § 299-4A or C herein without prior notice, the city shall give notice through the publication of a legal notice containing a description of the vehicle, the location from which it was removed and the intent to dispose of the hazardous vehicle on a specified date.

§ 288-7 Other remedies and proceedings.

Nothing in this chapter shall prevent the city from enforcing any provision of the Pennsylvania Vehicle Code, the Traffic Code of the city or the Zoning Ordinance for the city[1] or instituting proceedings in courts of equity.

[1] Editor's Note: See 75 Pa.C.S.A. § 101 et seq., Ch. 285, Vehicles and Traffic, and Ch. 300, Zoning, respectively.

§ 288-8 Violations and penalties.

Whoever violates or fails or neglects to comply with any of the provisions of this chapter shall, upon summary conviction, be fined not less than $100 nor more than $1,000 for each offense, to be collected as like fines and penalties are by law collectible. Each day that a violation continues shall be considered a separate violation of this chapter.