[Gen. Ords. 1962, §§ 8-2, 8-3; Ord. No. 25029, 11-9-1981]
As used in this article the following terms shall mean as indicated below:
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and all other old or scrap ferrous or nonferrous material.
JUNK COLLECTOR
A person who collects, by purchase or otherwise, junk, old metals, and secondhand articles by going from place to place in the City.
JUNK DEALER
A person who operates a shop for the purchase, sale or barter of junk.
State law reference — Junk collector defined, M.G.L.A. c. 140, § 56.
[Gen. Ords. 1962, § 8-8]
No junk dealer or junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any junk, old metals or secondhand articles from a minor knowing or having reason to believe him to be such.
[Ord. No. 27693, 4-11-1994]
(a) 
Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section.
EMERGENCY
A sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
JUNKED OR DISMANTLED MOTOR VEHICLES
Any motor vehicle that has outlived its usefulness in its original condition and is commonly gathered up and sold to be converted into another product of a different kind.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY
Any real property within the City which is not a street or highway.
REPAIR
To restore to good condition by replacing parts or putting together something torn or broken; to restore to a healthy state.
SUDDEN
Happening quickly and without warning, unexpectedly, immediate, without delay, instant, directly.
VEHICLE
Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, buses, truck-trailers, semitrailers, camper, go-carts, snowmobiles, mopeds, dune buggies, racing vehicles or motorcycles.
(b) 
Keeping on private property restricted.
(1) 
Storing, parking or leaving a junked or dismantled motor vehicle on private property is hereby declared a nuisance and is prohibited. No person shall park, store, leave or permit the parking, storing or leaving of any junk motor vehicle, whether attended or not, upon any private property within the City for a period of time in excess of 30 days. The presence of a wrecked, dismantled, rusted, inoperative or partially dismantled junk motor vehicle, or parts thereof, on private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this section. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise lawfully licensed by the City and property operated in an appropriate zoning district, pursuant to the Zoning Ordinances of the City of Waltham.
(2) 
Notice of existence of violation and notice to remove. Whenever it comes to the attention of the Director of Public Health or his designee that any nuisance, as defined in Subsection (b)(1) of this section, exists in the City of Waltham, a notice in writing shall be sent by certified mail to the owner of the land where the nuisance exists notifying him or her of the existence of the nuisance and ordering its removal in the time specified in this section.
(3) 
Contents of notice. The written notice to the owner of the property where the vehicle is located shall contain the demand for removal specified in this section and shall contain a description of the make, if attainable, as well as the color of the dismantled or junked motor vehicle.
(4) 
Period for removal of the junk motor vehicle from property. Upon receipt of written notice, the owner of the property where the junk motor vehicle is located shall be required to remove or provide for removal of the junk motor vehicle during a period not to exceed 21 calendar days. Such removal shall be in accordance with the law, and said vehicles shall not be placed in a public way as prohibited by MGL c. 90, § 22B.
(5) 
Failure to remove. If the violation described in this notice has not been remedied by the owner of the property within the 21 calendar days, the Director of Public Health, or his designee, shall notify the Chief of Police, or his designee, and shall request police assistance in removing the vehicle from the property. The City is authorized to pay to any private entity that performs said towing services at the direction of the Chief of Police, or his designee. This removal shall be conducted in a manner similar to that used in removing vehicles from a public way, MGL c. 90, § 22C. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon the private property for the purposes of such removal.
(6) 
Costs for removal. If, after the twenty-one-day period, the junk motor vehicle or junk motor vehicles have not been removed by the owner of the property where such junk motor vehicle or junk motor vehicles are located and the removal is carried out by the Chief of Police or his designee the fee for such removal shall be $100 for each vehicle removed, plus any additional costs of such removal shall be the responsibility of the owner of the land where the junk motor vehicle or junk motor vehicles are located. The Director of Public Health or his designee shall submit the bill incurred for such removal to the owner of the land in writing and send to the owner of the land at his last and usual known address as set forth in the records of the Assessors Office.
(7) 
Attachment of lien. When it comes to the attention of the Director of Public Health or his designee that the owner of the land where the junk motor vehicle or junk motor vehicles were located has refused to pay the costs of the removal within the period of thirty days from the mailing of an original bill, the Director of Public Health may take legal actions pursuant to MGL c. 90 § 22B, noncriminal disposition.
(8) 
Disposal of junk motor vehicles. Whenever a private entity authorized to remove such junk motor vehicles does remove the same at the direction of the Chief of Police or his designee, the entity shall dispose of such vehicles in accordance with the provisions of MGL c. 135, Subsections 7 through 11 and MGL c. 90, § 22C.
(c) 
Violations and penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $20. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(d) 
Right of appeal. Any owner of land who is notified in accordance with Subsection (b)(2) of this section that a nuisance, as defined in Subsection (b)(1), exists on property under his control may appeal the determination of the Director of Public Health to the Board of Health of the City of Waltham. Such appeal shall be in writing and shall be received by the Board of Health within 14 days of the date of the notice to the property owner. The Board of Health shall rule on the appeal and give written notice of its decision to the land owner within 45 days of receipt of such appeal. No action shall be undertaken to enforce the provisions of this section for any violation for which such appeal is pending before the Board of Health. Additionally, the property owner may request that his appeal be in the form of a hearing before the Board.
State law reference — Abandonment of motor vehicles, MGL c. 90, § 22B.