[HISTORY: Derived from Sec. 3-8 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLES
- Any motor vehicle which is in such defective condition as to be unable to be moved under its own power or which is not licensed or inspected for the current year.
- IN THE OPEN
- A vehicle, machinery or equipment not housed in a structure.
- MOTOR VEHICLE
- All motor vehicles as defined under N.J.S.A. 39:1-1.
- STORED VEHICLE
- A vehicle in such a condition as to prevent its being moved due to a failure to display proper license plates or inspection certificates, as required by law.
- UNUSED VEHICLE
- A vehicle not having been operated for its intended purposes and left parked or standing in essentially one location for a period of 48 consecutive hours. "Essentially one location" shall be deemed to be any site within a one-thousand-foot radius of the previous location.
It is hereby declared that the keeping, storage or abandonment of any motor vehicle which is in such defective condition as to be unable to be moved under its own power or which is not licensed or inspected for the current year or of any unused machinery or equipment is adverse to the public welfare in that such motor vehicles, machinery or equipment is unsightly and detrimental to the neighborhood.
It is hereby further declared that such vehicles, machinery and equipment located on public and private lands and premises within the Township constitute attractive nuisances insofar as children are concerned and thereby invite injury, and they likewise tend to attract vermin and thereby cause disease and are otherwise inimical to the health, morals, safety and general welfare of the people of the Township.
No person shall keep, store, abandon or leave upon any parcel of land, street, road, alley, way or parkway in the Township any motor vehicle which is in such defective condition as to be unable to be moved under its own power or which is not licensed or inspected for the current year or any unused machinery or equipment, except in the case of emergency, and then for a period of not more than 24 hours, provided the police have been so notified.
Storage in building. Nothing contained herein shall be deemed to prohibit the placing, keeping or storing of any such motor vehicle, machinery or equipment in an enclosed garage or other building in the Township.
Antique car. This chapter is not intended in any way to affect the lawful pursuit by citizens of the Township of any activities or hobbies relating to the retention and repair of antique or classic motor vehicles.
Service stations. Service stations, auto body shops, auto mechanical shops and other business enterprises dealing with the storing and repairing of inoperable motor vehicles shall be required to retain any such vehicle on their property behind screened areas which obscure such vehicles from view, so as not to constitute a nuisance throughout the Township.
No owner or occupier of any private lands or premises shall permit or suffer any inoperable motor vehicle or component parts thereof to be parked, left, stored or maintained on his/her land or premises unless the owner or occupier complies in full with the provisions as set forth in § 343-3, except as hereinafter provided in Subsection B below.
An owner of open land may permit the storage of a mechanically inoperable motor vehicle on his/her premises where the intent of such maintenance is to store and warehouse such vehicle for a period of time not to exceed one year; provided, however, such motor vehicle shall be stored in a shed or otherwise screened from view.
When it has been ascertained that a violation of this chapter exists, the owner of the abandoned vehicle or the unused machinery or equipment, if he/she can be found, or the owner or tenant upon whose land the violation exists shall be given 10 days' written notice by the Construction Code Official to:
Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Chief of Police within 10 days after such notice is served.
Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request, and shall be granted, a hearing on the matter before the Chief of Police. Such person shall file, in the office of the Chief of Police, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served.
Notice. Upon receipt of such petition, the Chief of Police shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why the violation notice should be modified or withdrawn.
Time. The hearing shall be commenced not later than 10 days after the day on which the petition was filed. Upon application of the petitioner, the Chief of Police may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his/her judgment, the petitioner has submitted a good and sufficient reason for such postponement.
Decision. After the hearing, the Chief of Police shall sustain, modify or withdraw the notice, depending upon his/her finding as to whether the provisions of this chapter have been complied with. If the Chief of Police sustains or modifies such notice, it shall be deemed to be an order to remove the vehicle.
If the owner of the motor vehicle, machinery or equipment or the property owner or tenant fails to comply with the written notice, the Township is hereby authorized to go upon the property and remove the vehicle, machinery or equipment and charge the owner of the same or the property owner or tenant with the reasonable cost of such removal.
The imposition of a penalty or penalties for any violation of this chapter shall not excuse the violation or permit it to continue, and such persons shall be required to correct or remedy such violation within 15 days. If such violation as set forth above is not corrected or remedied within this specified period of time, then each 15 days thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder.