[HISTORY: Adopted by the Township Council
of the Township of Burlington 10-8-1975; amended 10-22-2002 (Sec. 14:12 of the 1975 General Ordinances). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 563.
No person shall leave or suffer or permit to
be left any vehicle, bicycle, cart, wagon, box, barrel, bale of merchandise
or other movable property, either owned by him or in his possession,
custody or control, upon any street, sidewalk or municipal parking
field or lot; excepting, however, that this section shall not apply
to materials lawfully placed at the curbs or sides of streets for
collection by the garbage or rubbish removers.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
The Director of Public Safety of the Township
of Burlington shall remove or cause to be removed any cart, bicycle,
wagon, box, barrel, bale of merchandise or other movable property
found upon any street, sidewalk or municipal parking field or lot
and shall take same or cause same to be taken to the property or premises
of the Township, where same shall be held until redeemed or sold as
hereinafter provided.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
Whenever the Director of Public Safety shall
receive any property containing identification of ownership or right
to possession, a notice shall be sent by ordinary mail to such person
advising that such property is held by the Director of Public Safety
and advising the amount necessary to redeem such property.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
Such property may be redeemed by the owner thereof
at any time prior to the sale, dismantling, destruction or disposal
thereof, and he shall be entitled to receive such property upon the
tendering of the sum of $25, plus the sum of $5 per day commencing
the third day after the property is removed, to the date of redemption,
and the person seeking to redeem such property shall also be required
to pay the cost of advertising the sale thereof. These costs and any
other fees for redemption of impounded property or costs of sale chargeable
to an owner or person entitled to possession of impounded property
are in addition to any other penalty provided for violations of this
section. No property shall be delivered to the person seeking to redeem
it unless proof is submitted establishing, to the satisfaction of
the Director of Public Safety, such person's ownership or right to
possession. Any delivery to a person apparently entitled thereto shall
be a good defense to the Township against any other person claiming
to be entitled thereto, but if the person to whom delivery is made
is in fact not entitled thereto, the person to whom the same ought
to have been made may recover the same, with interest and costs, from
the person to whom the same shall have been delivered.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
Where any such property remains in the custody
of the Director of Public Safety for a period of 15 days after removal
and with respect to which no person has presented to the Director
of Public Safety proof establishing to his satisfaction such person's
ownership or right to possession as hereinabove stated, the Director
of Public Safety shall give public notice in the official newspaper
of the Township advising that at a specified place and time, not less
than five days after such notice is published, such property will
be sold at public auction for the best price he can obtain. A general
description in such notice of the property to be sold shall be sufficient.
Said sale shall be conducted by the Director of Public Safety or by
any employee of his department designated by him or by an auctioneer
designated by him.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
In the event that said property shall remain
unsold at public auction, the Director of Public Safety may reoffer
said property for sale at a subsequent public auction held pursuant
to the provisions of this section or he may dismantle, destroy or
otherwise sell or dispose of such property. Any such sale or other
disposition of such property pursuant to the provisions of this section
shall be without liability on the part of the Township to the owner
of such property or other person lawfully entitled thereto or having
an interest therein.
[Amended 10-27-2009 by Ord. No. 09-OR-024]
Immediately after property is redeemed, the
Director of Public Safety shall pay over to the Treasurer to the Township
the amount received for redemption, costs and expenses of the article
redeemed, together with the itemized statement thereof. Immediately
after a sale or other disposition of such property, with an itemized
statement of the article sold, the price received and the costs and
expenses of the sale, the Treasurer shall retain and credit the general
surplus fund with so much of the proceeds as equals the costs and
expenses of such sale, plus the sum of $5 for each such vehicle sold,
to cover the cost of removing and storing the property. All costs
and expenses, plus costs of removal of vehicles, if any, are in addition
to any other penalty provided for violations of this section. The
remainder of the moneys realized from such sale shall be paid, without
interest, to the lawful owner thereof.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Any person who shall violate any provisions
of this chapter shall be subject, upon conviction, to a fine not exceeding
$2,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof,
and each day that a violation shall continue will be deemed a separate
violation.
