[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 9-8-1971 by Ord. No. 13-0-71. Amendments
noted where applicable.]
The accumulation and storage of abandoned, wrecked,
dismantled or inoperative vehicles or parts thereof on private or
public property, not including highways, is hereby found to create
a condition tending to reduce the value of private property, to promote
blight and deterioration, to invite plundering, to create fire hazards,
to constitute an attractive nuisance creating a hazard to the health
and safety of minors, to create a harborage for rodents and insects
and to be injurious to the health, safety and general welfare. Therefore,
the presence of an abandoned, wrecked, dismantled or inoperative vehicle,
or part thereof, on private or public property, not including highways,
except as expressly hereinafter permitted, is hereby declared to constitute
a public nuisance which may be abated as such in accordance with the
provisions of this chapter.
For the purposes of this chapter, the terms
used herein are defined as follows:
A way or place of whatever nature, publicly maintained and
open to the use of the public, for purposes of vehicular travel. "Highway"
includes street.
Does not include the word "highway."
A device by which any person or property may be propelled,
moved or drawn upon a highway, except a device moved by human power
or used exclusively upon stationary rails or tracks.
This chapter shall not apply to:
A.
A vehicle or part thereof which is completely enclosed
within a building in a lawful manner where it is not visible from
the street or other public or private property; or
B.
A vehicle or part thereof which is stored or parked
in a lawful manner on private property in connection with the business
of a licensed dismantler, licensed vehicle dealer, or when such storage
or parking is necessary to the operation of a lawfully conducted business
or commercial enterprise. Nothing in this section shall authorize
the maintenance of a public or private nuisance as defined under provisions
of New Jersey statutes governing motor vehicles and this chapter.
This chapter is not the exclusive regulation
of abandoned, wrecked, dismantled or inoperative vehicles within the
Borough of Wanaque. It shall supplement and be in addition to the
other regulatory codes, statutes and ordinances heretofore or hereafter
enacted by the Borough of Wanaque, the state or any other legal entity
or agency having jurisdiction.
Except as otherwise provided herein, the provisions
of this chapter shall be administered and enforced by the Chief of
Police. In the enforcement of this chapter, such officer and his deputies
may enter upon private or public property to examine a vehicle or
parts thereof or to obtain information as to the identity of a vehicle
(and to remove or cause the removal of a vehicle or part thereof)
declared to be a nuisance pursuant to this chapter.
When the Mayor and Council has contracted with
or granted a franchise to any person or persons, such person or persons
shall be authorized to enter upon private property or public property
to remove or cause the removal of a vehicle or parts thereof declared
to be a nuisance pursuant to this chapter.
The Mayor and Council shall from time to time
determine and fix an amount to be assessed as administrative costs
(excluding the actual cost of removal of any vehicle or part thereof)
under this chapter.
A.
Notice to remove. The Health Officer is hereby authorized
and empowered to notify the owner of any open or vacant private property
within the Borough, or the agent of such owner, to properly dispose
of vehicles located on such owner's property which is dangerous to
public health, safety or welfare. Such notice shall be by registered
mail, addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of vehicles dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of such notice, in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Health Officer is hereby authorized and empowered to pay for the disposing of such vehicles or to order their disposal by the Borough. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.
C.
Charge included in tax bill. When the Borough has
effected the removal of such dangerous vehicle or has paid for its
removal, the actual cost thereof, plus accrued interest at the rate
of 8% per annum from the date of the completion of the work, if not
paid by such owner prior thereto, shall be charged to the owner of
such property on the next regular tax bill forwarded to such owner
by the Borough, and said charge shall be due and payable by said owner
at the time of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the Borough is not paid by such owner within 10 days after the disposal of such vehicle, as provided for in Subsections A and B above, then and in that case the Health Officer shall cause to be recorded in the Tax Collector's office of the Borough a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the moment due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of 8% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be fined in an amount
not exceeding $500. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.[1]
[1]
Editor's Note: Former § 106-10,
Wreckers and tow trucks, added 7-26-1978 by Ord. No. 6-0-78, as amended,
which section immediately followed this section, was repealed 11-12-2002
by Ord. No. 16-0-02.
