This chapter is adopted for the preservation of the public's
health, welfare and safety in that deteriorating vehicles, machinery
and other junk are not merely unsightly but are also attractive to
young children who may be injured when playing in and around such
vehicles, machinery and other junk which are known to breed disease,
as same trap foul water and may become infested with vermin. It is
the objective of this chapter to remove the adverse consequences of
such conditions.
A.
The singular number shall include the plural number, and the masculine
gender shall include the feminine and neuter.
B.
ABANDON
AUTOMOTIVE JUNK
GARAGE
JUNK
PERSON
PRIVATE LANDS
PUBLIC LANDS
The following words or phrases, as used in this chapter, are hereby
defined, unless in the context wherein a different meaning is obviously
intended:
To relinquish all connection with and concerning an automobile
or other automotive-related property, including engines, tires, rims,
doors, hoods, bumpers, chassis and frames, axles and drivetrains.
A vehicle shall be presumed abandoned if it has been in the same location
for at least 45 consecutive days and is damaged or missing critical
components, such as the engine, wheels, tires, doors and panels or
any other part of the vehicle, that make it either mechanically inoperable
in said condition or incapable of legal travel; has a broken window
or windshield that limits visibility; has one or more flat tires;
does not have valid license plates; and is not legally registered.
As included in the word "junk," all automobiles, motorcycles,
trucks, motor vehicles, tractors and apparatus propelled by other
than muscular power and capable of transporting passengers or merchandise
that have been abandoned or discarded.
Any building in which a motor vehicle is or may be stored.
Any apparatus or device of whatever material or any part
or parts thereof which is discarded or abandoned. Any such apparatus
or device placed on the land or property of another person without
the consent and permission of the owner of such land or property shall
be deemed discarded junk.
Includes a person, individual, association, company, copartnership
and corporation and any group of persons, whether joint or several.
All property other than public.
All properties devoted to public use, including those whereon
public buildings are erected, and all streets, roads or highways,
however designated.
A.
Nothing contained in this chapter or any article of this chapter
shall be construed to be contrary to the provisions of the Motor Vehicle
Junk Law, N.J.S.A. 39:11-1 et seq. Nothing contained herein shall
be construed to permit, suffer or allow the conduct of any motor vehicle
junk business or other junkyard.
B.
The provisions of this chapter shall not be construed so as to permit the use of any lands or any building for a use contrary to any provision within Chapter 190, Zoning.
C.
The provisions of this chapter shall not apply to the deposit of
junk for garbage collection or recycling, as required or permitted
by the Borough Code or other law, nor shall the same be deemed to
limit, prevent or otherwise restrict the Borough or its agents, servants
and employees in the collection, storage or disposal of junk or in
the performance of public business or other related duties.
D.
The provisions of this chapter shall not apply to a licensed service
station operator or a licensed new or used automobile dealer where
said motor vehicle is being or is about to be repaired or is being
disposed of or scrapped, nor shall this chapter apply to lawfully
operated junkyards or to motor vehicles located in garages or other
buildings.
E.
Nothing contained in this chapter shall be construed so as to prohibit
the storage of materials, automobiles or automotive junk, as defined
herein, in any enclosed building or structure.
A.
No person shall park, deposit, discard or place any junk or any automotive
junk on the lands of another without the express consent of the owner
thereof.
B.
No person shall park, deposit, discard or place any junk or any automotive
junk on any lands owned or occupied by the resident.
C.
No junk or automotive junk shall be placed, deposited, discarded
or parked on any lands except as may be permitted by the provisions
of this chapter or other applicable law.
A.
Removal. Upon any junk or automotive junk being found abandoned in
a public place, the Zoning Officer, Hunterdon County Division of Public
Health Services or any other agency having jurisdiction shall cause
the same to be removed and disposed of and, upon the owner or person
responsible for abandoning such junk being ascertained, cause proper
prosecution of this chapter to be instituted.
B.
Notice and recovery of costs.
(1)
Upon
any junk or automotive junk being found abandoned on any private lands,
the Zoning Officer, Hunterdon County Division of Public Health Services
or any other agency having jurisdiction shall cause notice thereof
to be given to the owner and the occupant of such lands. If the owner
or occupant disclaims ownership thereof, the Zoning Officer, Hunterdon
County Division of Public Health Services or any other agency having
jurisdiction shall cause such junk or automotive junk to be removed
and disposed of, but if it is ascertained that the owner or occupant
is the owner of such junk or automotive junk or responsible for the
abandonment thereof, then the Zoning Officer, Hunterdon County Division
of Public Health Services or any other agency having jurisdiction
shall initiate legal proceedings against such owner or occupant for
violation of this chapter and also for recovery of any cost and expense
incurred in the removal and disposal of such junk or automotive junk.
(2)
Upon
the name of the owner of such junk or automotive junk or of the person
responsible for the abandonment thereof being ascertained before removal
thereof, where the abandonment is on private lands, by whomever owned,
such owner or other person shall be notified in writing that a violation
of this chapter exists, that such junk or automotive junk must be
removed within 15 days by such owner or other person and that, in
default thereof, such owner or other person will be guilty of a violation
of this chapter, subject to prosecution therefor, and that said junk
or automotive junk will be removed by the municipality and the cost
and expense of the removal and disposal thereof will be charged to
such owner or other person, unless removed and disposed of according
to law. Upon the failure of such owner or other person to comply with
such notice, the Zoning Officer, Hunterdon County Division of Public
Health Services, or any other agency having jurisdiction shall cause
prosecution to be instituted against such owner or other person for
violation of this chapter and for recovery of the costs and expenses
incurred in removing and disposing of such junk or automotive junk.
C.
Prosecution. Upon ascertaining the name of the owner of any junk
or automotive junk that has been removed or removed and disposed of
or of the person responsible for the abandonment thereof, the Zoning
Officer, Hunterdon County Division of Public Health Services, or any
other agency having jurisdiction shall cause prosecution of the owner
or other person for violation of this chapter and also for the expense
and costs of the removal and disposal of such junk or automotive junk.
