[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as part of Ch. IV
of the 1973 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle propelled otherwise than by muscular power, excepting
such vehicles as run only upon rails or tracks, found in any public
street, highway or lands and not bearing current registration plates,
remaining stationary and unused for more than 14 days consecutively
on public streets, highways or lands or 30 days upon any private lands
or premises.
Any automobile which is no longer in actual use as a motor
vehicle, which is wholly unfit without rebuilding or reconditioning
for use.for highway transportation or which has been discarded for
use as a motor vehicle.
No person shall place, abandon or leave, keep
or store or suffer or permit the placing, abandoning, leaving, keeping
or storage of any inoperable or abandoned vehicle out of doors upon
any public or private land in the township or upon any street or highway
within the township. Nothing herein contained shall be deemed to prohibit
the placing, keeping or storage of any such vehicle in an enclosed
garage, barn or other building nor shall this section apply to lawfully
licensed junkyards.
No owner or occupier of any private lands or
premises shall permit or suffer any inoperable or abandoned motor
vehicle to be parked, left, stored or maintained on his lands for
more than 30 days. It shall be presumed after 30 days that the owner
or tenant in possession of the land left, placed, kept or stored the
vehicle there or permitted or suffered it to be left, placed, kept
or stored there.
It shall be unlawful for any person to place,
keep, store or maintain a junk automobile or automobile body or, separately,
the parts of an automobile, which are exposed outside of an enclosed
building on any tract of land within the township unless the person
is the holder of a junkyard license or unless such junk automobile
bodies and parts are kept temporarily in the operation of a full-time
business primarily conducted for the sale or repair of automobiles.
A.
Whenever it shall appear to any member of the Police
Department of the township that this chapter is being violated and
that the land on which the violation exists is privately owned, he
shall, in writing, notify the owner or tenant in possession of the
land on which the violation exists to abate the violation by removing
the article constituting the violation from the township or into an
enclosed garage, barn or other building within 10 days of the service
of the notice. The notice shall be served upon such owner or tenant
if he resides in the township personally or by leaving it at his usual
place of abode with some member of his household over the age of 14
years; and if he resides outside the township, by registered or certified
mail addressed to him at his usual residence if ascertainable, otherwise
by notice published in the local newspaper.
B.
The owner or tenant shall abate the violation within
the time fixed by the notice.
A.
In the event that the owner or occupant of the lands
shall refuse or neglect to abate or remedy the violation complained
of after expiration of the time set forth in the notice, the Police
Department shall cause the violation to be abated and remedied and
shall certify the cost thereof to the Township Committee, which shall
examine the certificate and, if found correct, shall cause the cost
as shown thereon to be charged against the lands. The amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form a part of the taxes next to be assessed and levied
upon the lands, the same to bear interest at the same rate as taxes
and to be collected and enforced by the same officers and in the same
manner as taxes. Costs shall be in addition to any penalty imposed
for a violation of this chapter.
B.
Where removal is made of items, in accordance with Subsection A above, belonging to a possessor or tenant of the lands other than the title holder of the lands and premises, the possessor or tenant shall be subject to the penalty set forth in § 263-9, and the cost of removal shall be included as court costs.
Whenever a violation of this chapter exists
upon public lands, streets or highways, the vehicle shall be taken
in possession by the Police Department which shall direct its removal
to a storage place.
Upon the taking into possession of an abandoned
inoperable or junk motor vehicle, the Police Department shall follow
the procedures established by N.J.S.A. 39:10A-1 et seq., or any amendments
or supplements thereto, to sell such vehicle at public auction.
[Added 8-3-1992 by Ord.
No. 1992-6; amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
