[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Sec. 4-12 of the Revised General Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See § 231-14H.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
Any real property within the Borough which is not a street
or highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public or vehicular travel.
A machine propelled by power other than human power, designed
to travel along the ground by use of wheels, treads, runners or slides,
and shall include, without limitation, automobile, truck, trailer,
motorcycle, tractor, buggy and wagon.
No person shall abandon any vehicle within the
Borough, and no person shall leave any vehicle at any place within
the Borough for such time and under such circumstances as to cause
such vehicle reasonably to appear to have been abandoned. A vehicle
shall be considered abandoned which has been left on or along any
highway, other than a limited access highway, or other public property
or on any private property without the consent of the owner or other
person in charge of the property. A vehicle which has remained on
or along any highway or other public property or on any private property
without such consent for a period of more than 48 hours or for any
period without current license plates shall be presumed to be an abandoned
motor vehicle.
No person shall leave or cause to be left any
nonoperating, discarded, dismantled, wrecked, junked or unlicensed
vehicle on any street or highway within the Borough.
No person in charge or control of any property
within the Borough, whether as owner, tenant, lessee, occupant or
otherwise, shall place, deposit, store, leave or keep a discarded,
wrecked, junked, dismantled or partially dismantled, or any unlicensed
or nonoperating vehicle, on such property, or suffer, permit or allow
any such vehicle to be placed, deposited, stored, left or kept on
such property, for a longer period of time then 15 days; except that
the provisions hereof shall not apply with regard to such a vehicle
as follows:
A.
On the premises and associated with the operation
of a commercial garage, when necessary to the operation of such business
enterprise, and provided that such vehicle or part is stored or located
in an area screened from the public highways and surrounding properties
by fence, hedge or evergreens.
B.
In an enclosed building, garage, barn or shed.
C.
In an appropriate storage place or depository maintained
in a lawful place and manner by the Borough.
D.
Where such vehicle is in the process of reconstruction
or repair in good faith, whether the vehicle be placed, deposited
or stored on private property or the property of a business enterprise;
provided, however, that the Chief of Police and/or the Zoning Officer
are notified of the specific date the repair or reconstruction will
begin and provided such repair or reconstruction be performed in good
faith and be completed within 60 days after the vehicle is placed,
deposited or stored, left or kept on private property or a business
enterprises located within the Borough.
The Chief of Police or any member of the Department
of Police is hereby authorized to remove or to cause to be removed
any vehicle left at any place within the Borough which reasonably
appears to be in violation of this chapter or which appears to have
been lost, stolen or unclaimed. With respect to vehicles on private
property, the Chief of Police shall serve or cause to be served a
notice in writing, either personally or by registered, certified mail,
upon the owner, tenant, lessee, lessor or occupant, as the case may
be, to remove such vehicle within a certain period of time not less
than 15 days after the date of service to be specified in the notice.
In the event that such vehicle is not removed within the time specified,
the Chief of Police may impound the vehicle or cause the same to be
impounded and for that purpose may enter upon private property upon
which such vehicle may be located. Any vehicle impounded pursuant
to any of the provisions of this chapter shall be held until lawfully
claimed or disposed of in accordance with the provisions of N.J.S.A.
39:10A-1 et seq.
The owner of any private property from which
a vehicle is removed and impounded pursuant to the preceding section
hereof, and the tenant, lessee, lessor or occupant of the premises,
if any, shall be jointly and severally liable for the cost and expense,
including reasonable overhead charges, paid or incurred by the Borough
in effecting such removal and impounding, and they shall be paid by
the person liable therefor upon demand. In the event such payment
is not made, the amount due shall become a lien upon the lot or tract
of real estate from which the vehicle was removed and shall be added
to and form a part of the taxes next to be assessed and levied upon
such lands, to be collected and enforced in the same manner as taxes
upon real estate; or same may be collected in a civil action or in
such manner as may be provided by law.
