[HISTORY: Adopted by the Township Committee
of the Township of Shamong 5-1-2001 by Ord. No. 2001-3. Amendments
noted where applicable.]
As used in this chapter, the following terms,
phrases, words, and their derivation shall have the meanings indicated:
Any automobile or truck with a registered gross weight of
8,000 pounds or less which:
Is parked without the current year's registration
or identification markers as required by law;
Has been continuously parked in any public street
or on any public land for a period of 10 days;
Is so disabled as to constitute an obstruction
to traffic, and the driver or person owning or in charge thereof neglects
or refuses to move the same to a place where it will not obstruct
traffic;
Is found to be mechanically inoperative and
is allowed to remain inoperative for a period of seven days and such
period of time has not been extended by the Township Administrator
or Code Enforcement Officer; or
Is found without one or more tires.
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit, without rebuilding or reconditioning,
for use in highway transportation, or which has been discarded for
use as a motor vehicle or otherwise abandoned.
It is hereby determined and declared that the
placing, abandonment, leaving, keeping or storing out-of-doors of
any automobile not currently in use for transportation and not licensed
for the current year, or missing tires, wheels, engine or any essential
parts, or which displays extensive body damage or deterioration, or
is disassembled, in whole or in part, or parts of automobiles on public
or private lands in the Township, is contrary and inimical to the
public welfare in that such articles so placed, abandoned, left, kept
or stored attract or may attract persons of tender years who, being
so attracted, may play in and about them and be injured in so doing,
and further in that such articles so placed, abandoned, left, kept
or stored out-of-doors and exposed to the elements deteriorate and
in themselves are unsightly and in deteriorating condition become
more unsightly and are detrimental to and depreciate the value of
the property in the neighborhood where they are located and in the
Township as a whole.
It shall be unlawful for any person to store, abandon or suffer or permit the storage or abandoning of more than one automobile, as defined in § 156-1, out-of-doors upon any public or private lands in the Township or on any public street or between the right-of-way sidelines of any public right-of-way therein, with the exception of such vehicles located upon and owned by the person where property is assessed as farmland pursuant to N.J.S.A. 54:4-23.1 et seq. Such one permitted vehicle shall be located only on the owner's private property under a form-fitting cover manufactured and sold for the type of vehicle being stored in a position behind the dwelling or principal building located on the lot and set back at least 15 feet from the side and rear property lines. 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.
A.
If any automobile shall be abandoned on private lands
for 10 days or more, it shall be presumed that the owner or tenant
in possession of such lands has abandoned it there or permitted or
suffered it to be abandoned there.
B.
The presumption of abandonment, as set forth above,
may be rebutted by the owner by applying to the Township Administrator
or Code Enforcement Officer for an exemption certificate, which may
be issued by the Township Administrator or Code Enforcement Officer
at no charge to the applicant and be good for a period up to six months.
C.
The Township Administrator or Code Enforcement Officer,
in determining whether or not to issue an exemption certificate, shall
consider the reasons advanced by the owner as to why the presumption
of abandonment would not apply to this particular motor vehicle. The
Township Administrator or Code Enforcement officer shall consider
such reasons as, but not limited to, unique vehicles that are in the
process of restoration, be they antique or otherwise, vehicles being
retained unlicensed by virtue of being held for a member of the family
who is temporarily absent; and such other valid reasons, as determined
in the discretion of the Township Administrator or Code Enforcement
Officer.
D.
The application and exemption certificate shall be
on such forms as may be hereinafter developed by the Township Administrator
or Code Enforcement Officer. Each exemption certificate shall have
endorsed thereon its duration, not to exceed six months, and a synopsis
of the reasons why such vehicle is not considered abandoned.
E.
The Township Administrator or Code Enforcement Officer
is authorized to grant additional extensions of six months in situations
where such extensions are warranted.
F.
In issuing an exemption certificate, the Township
Administrator or Code Enforcement Officer shall ensure that the area
around the stored vehicle is being properly maintained and that the
stored vehicle is secured from movement by such shocking devices or
other methods of securing as are deemed appropriate by him/her.
G.
The exemption certificate shall be prominently displayed
on the inside of the windshield of the vehicle.
No person shall keep or store any junk automobiles
or junk automobile body within the Township.
Upon the complaint of any resident or property
owner of the Township or any employee of the Township, or upon his/her
own discretion, the Township Administrator or Code Enforcement Officer,
or his/her designated agent, shall make an investigation of the condition
complained of.
If the land about which the complaint was made
is found to be in such condition that a violation of one or more of
the provisions of this chapter exists thereon, the Township Administrator
or Code Enforcement Officer shall notify the owner, possessor or occupant
of the land complained of, which notice shall be served upon the owner
or possessor personally if (s)he resides in the Township or by certified
mail. If the owner or possessor resides outside the Township, the
notice shall be served upon him/her by registered or certified mail
addressed to his/her usual residence, if ascertainable; otherwise
by notice published in the newspaper in which legal notices of the
Township are published. The owner or tenant shall abate the violation
within 10 days after receipt of the notice.
The Township Administrator or Code Enforcement
Officer shall reinspect the lands after the ten-day period has expired
and report, in writing, to the Township Council whether or not the
condition complained of and previously found to exist in violation
of this chapter has been abated or remedied.
In the event that the owner, possessor or occupant
of the land refuses or neglects to abate or remedy the condition complained
of after 10 days' notice, the Township Administrator or Code Enforcement
Officer shall cause the condition complained of to be abated and remedied.
Upon the removal of any automobile by or under
the direction of an officer of the Township, in cases where the owner
has refused or neglected to remove it in the manner and within the
time provided above, the officer shall certify the cost thereof to
the Township Council. Upon receipt of same, the Council shall cause
the cost as shown thereon to be charged against the lands. The amount
so charged shall become a lien upon the land and shall be added to
and become and form part of the taxes next to be assessed and levied
upon the land, and bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner
as taxes.
[Amended 5-6-2008 by Ord. No. 2008-005]
Any person, firm, corporation, association or legal party whatsoever who or which 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 in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions. In addition to any fine or penalty imposed hereunder, if not already done, the court may order the removal of said vehicle or vehicles, at the individual's sole expense.
Nothing herein shall be deemed to prevent the
enforcement by the appropriate authorities of any of the provisions
of N.J.S.A. 39:1-1 et seq., including specifically but not limited
to provisions of Title 39 relating to abandoned, inoperable or unregistered
vehicles, including N.J.S.A. 39:4-56.1 et seq.
