[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982 as Sec. 3-7 of the 1981 Revised General Ordinances. Amendments noted where applicable.]
It is hereby determined and declared that the keeping, placing, abandonment or storage out-of-doors of any motor vehicle not currently used for transportation and not properly registered with a state or federal department of motor vehicles for the current year on public or private lands within the borough is contrary and inimical to the public welfare in that the exposure to view of such motor vehicles is detrimental to the surrounding neighborhood and the community at large and results in the depreciation of property values in general.
[Amended 5-12-1991 by Ord. No. 1499-92]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- Any vehicle propelled other than by muscular power, excepting such vehicles as run only upon rails or tracks, found in any public street or out-of-doors on any public or private lands, and which remains stationary and unused for more than 14 consecutive days and is in such mechanical or physically damaged or deteriorated condition that it could not be immediately operated in a safe manner, or if operated upon a public roadway would be subject to a violation of N.J.S.A. 39:3-44 (unsafe vehicle).
No person shall park, place, leave, keep, maintain or store or permit the parking, placing, leaving, keeping, maintaining or storing of any abandoned motor vehicle within the borough except where the same has been specifically authorized by the zoning ordinance of the borough or by a variance granted by the Board of Adjustment of the borough.
In any prosecution for a violation of § 230-3, the fact that an abandoned motor vehicle remained out-of-doors on private lands for a period in excess of 14 consecutive days shall give rise to a presumption that it has been parked, abandoned, placed, left, kept or maintained thereon with the consent, permission or by sufferance of the owner or tenant of said private lands.
In any instance where it is found that there exists a violation of this chapter, the Health Officer or the Police Department, in addition to all other remedies herein provided, shall have the right to cause the removal of all abandoned motor vehicles, as herein defined, from any public street or public or private lands, and in all such cases wherein such abandoned motor vehicle shall have been so taken into possession the Health Officer or Police Department shall thereafter, subject to the provisions of Subsection B hereinafter set forth, dispose of the abandoned vehicle pursuant to the procedures established under N.J.S.A. 39:10A and the amendments thereto and supplements thereof.
Whenever the violation of this chapter occurs upon private lands, before any action shall be taken by the Health Officer or Police Department in accordance with Subsection A hereinabove set forth, the Health Officer or Police Department shall be required to first serve upon the owner or tenant in possession of said private lands written notice of their intention to remove the vehicle from the lands in accordance with this chapter. The notice shall be sent by registered mail, return receipt requested, directed to the last known address of the owner or tenant in possession of the lands and shall give to the property owner or tenant in possession a period of 10 days following issuance of the notice within which to effect the removal of the abandoned motor vehicle from the private lands and shall further notify the property owner or tenant in possession that upon their failure to comply with the requirements of the notice, the vehicle will be removed by the Health Officer or Police Department in accordance with the authority conferred hereunder.
For purposes of enforcement, the Health Officer may designate the Building Property Maintenance Officer as an appropriate borough official.
[Added 7-24-1984 by Ord. No. 1307-84]
In any case wherein the Health Officer or Police Department shall be required to remove an abandoned motor vehicle from private lands within the borough and effect its disposal under the provisions of § 230-5A, the cost of the removal and disposal of said vehicle shall be charged against the private lands and shall be added to and become part of the taxes next levied and assessed against said lands and shall forthwith become a lien thereon, the same to bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes.
The owner or tenant in possession of any private lands on which an abandoned motor vehicle shall have been parked, placed, kept, maintained or stored shall be deemed to have given his/her consent to granting unto the Health Officer or Police Department the right to enter into and upon the private lands for the purpose of carrying out the provisions of § 230-5.
[Amended 12-14-1982 by Ord. No. 1277-82]
As to motor vehicles stored, parked, placed or kept within the confines of a garage, barn or other building, as to vehicles maintained, stored, parked, placed or kept in or by auto repair shops, new or used car dealers or junkyards lawfully operating within the borough, the time referred to in § 230-5B within which to effect removal of the abandoned motor vehicle shall be 90 days.
Each day that any person shall continue to maintain, store, keep or park or place an abandoned motor vehicle on any public street or out-of-doors on any public or private lands within the borough shall be deemed a separate violation of this chapter.