[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg 3-23-1992 as Ord. No. 2399. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any motor vehicle in such state of disrepair as
to be incapable of being moved on its own power, or with any tire
missing, or with one or more wheels missing, or in a dismantled or
partially dismantled condition, or without a current license plate,
or without a current inspection sticker.
Includes any trailer designed for attachment to motor vehicles
for purposes of transportation of persons or goods, where such trailer
is in such state of disrepair as to have any tire missing, or with
one or more wheels missing, or in a dismantled or partially dismantled
condition, or without a current license plate.
Any acts which pose any public danger, inconvenience or distraction
or which does not promote the public health, welfare and safety.
A zoning lot as defined in Chapter 260, Zoning.
The outdoor storage or parking of two or more
junked motor vehicles or junked motor vehicle trailers, or any combination
thereof, for a period of 10 consecutive days, on any zoning lot where
said storage is not a permitted use within the Borough of Wilkinsburg,
is prohibited.
The outdoor storage or parking of any junked
motor vehicle or junked motor vehicle trailer on any street or public
property for a period of more than 24 hours is prohibited.
A.
The borough shall notify the owners of the private
property where such junked motor vehicles and junked motor vehicle
trailers are unlawfully stored, directing that the same be removed
within 10 days of such notice. Notice may be given either by regular
first class United States mail, by certified or registered mail, by
personal service or by posting the premises.
B.
If such junked motor vehicles or junked motor vehicle
trailers are nuisances in fact and are not so removed within the notice
period, the borough shall cause the same to be done. All costs and
expenses of such removal, together with a penalty of 15%, shall be
charged against the owner of the property from which the junked motor
vehicles and junked motor vehicle trailers were removed.
C.
Should the said charges not be paid when due, the
Manager shall certify the same to the Borough Solicitor, who shall
file a municipal lien and claim thereafter in the Prothonotary's Office
of Allegheny County.
The provisions of §§ 250-2 and 250-4 of this chapter shall not apply to properties in districts where such storage and parking are otherwise lawful under the said Chapter 260, Zoning, and shall further not apply where approval is or has been obtained for the temporary outdoor storage of damaged vehicles awaiting repair or vehicles offered for sale under the provisions of said Chapter 260, Zoning.
As to such junked motor vehicles or trailers
parked or stored on streets or public property, the same may be removed
forthwith by the Chief of Police, or any person or police officer
acting by or under the authority of the borough. The costs and expenses
of such removal and subsequent charges shall be charged to the owner
of such vehicle.
A.
In addition
to the remedies set forth above, any person, firm or corporation violating
any provision of this chapter shall, upon summary conviction thereof
before any magistrate, pay a fine in an amount not exceeding $1,000,
together with costs of prosecution, and, in default of the payment
of the fine and costs, shall be subject to imprisonment in the Allegheny
County jail or workhouse for a period not exceeding 30 days. Each
day that a violation of this chapter continues to exist shall be considered
a separate offense and may be punishable as such.
B.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
The provisions of this chapter shall not be
construed in any way so to broaden or enlarge the rights of private
property owners for the storage or maintenance of junked motor vehicles
and junked motor vehicle trailers.
