[Amended 5-9-2017 by Ord.
No. MC 3602]
For the purpose of this article, the following words shall have
the meanings ascribed to them as follows:
Any vehicle that has not been moved for seven consecutive
days or more and is apparently deserted.
Any vehicle 25 years of age or older.
Any street, alley or public way within the Township.
Any vehicle from which, for a period of at least seven days,
the engine, wheels or other parts have been removed, or on which the
engine, wheels or other parts have been altered, damaged or otherwise
so treated that the vehicle is incapable of being driven under its
own motor power, or, if not equipped with an engine when manufactured,
incapable of being moved.
Any natural person, firm, partnership, association, corporation
or other legal entity.
Any real property within the Township which is privately
owned and which is not public property as defined in this section.
Any street or highway, which shall include the entire width
between the boundary lines publicly maintained for the purposes of
vehicular travel, and any other property or facility owned by a public
entity.
The Township of Irvington.
Every vehicle without motive power in operation designed
for carrying persons or property and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon the towing
vehicle. However, a trailer commonly referred to as a "fifth wheel"
trailer is considered a trailer by this definition.
A trailer, not used commercially, designed to provide living
quarters for recreational, camping, or travel use, and of a size or
weight not requiring an over dimension permit when towed on a highway
or Township street.
Any vehicle which is not properly and currently registered
with the State of New Jersey Motor Vehicle Commission.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway or Township street
or requiring a certificate of title under the statutes of the State
of New Jersey, except devices moved by human power, devices used exclusively
upon stationary rails or tracks and snowmobiles as defined in the
Snowmobile Registration and Safety Act.[1]
A person who holds legal title to a vehicle, or in the event
a vehicle is the subject of an agreement for conditional sale or lease
thereof with the right of purchase upon the performance of the conditions
stated in the agreement and with the immediate right of possession
vested in the conditional vendee or lessee, or in the event a mortgagor
of such vehicle is entitled to possession, then such conditional vendee,
lessee or mortgagor shall be deemed the owner for the purposes of
this chapter.
[1]
Editor's Note: See N.J.S.A. 39:3C-1 et seq.
The administration may find and declare that abandoned vehicles,
inoperable vehicles and unregistered vehicles, whether located upon
private property or upon public property, constitute a safety hazard
and a public nuisance detrimental to the health, safety and welfare
of the general public by harboring disease, providing breeding places
for vermin, inviting plundering, creating fire hazards and presenting
physical dangers to children and others, and by creating scenic blights
which degrade the environment and adversely affect land values and
the proper maintenance and continuing development of the Township.
This article shall not apply to the following:
A.
A vehicle which is kept within an enclosed building when not in use.
B.
An operable antique vehicle properly and currently registered with
the office of the New Jersey Secretary of State.
C.
A vehicle on the premises of a place of business engaged in the wrecking
or junking of motor vehicles, or on the premises of a place of business
engaged in the sale of new or used automobiles; provided, however,
that the latter business does not store or display inoperable vehicles.
D.
A vehicle which has been rendered temporarily incapable of being
driven under its own motor power in order to perform ordinary service
or repair operations for a period of not more than seven days from
the date the vehicle became inoperable.
No person shall accumulate, store or allow any unregistered
vehicle to be located upon any public property or private property
within the Township for a period exceeding seven days.
A.
It shall be unlawful for any person to abandon a motor vehicle, omnibus,
road tractor, trailer, truck, truck tractor, boat, motor home or other
commercial vehicle on any vacant lot, unoccupied building, public
street or highway; on any municipally owned or operated parking lot;
on any property which is owned, leased or maintained by the Township;
on any property which is owned, leased or maintained by the Board
of Education; on any property which is owned, leased or maintained
by the Library Board of Trustees; or on any property which is owned,
leased or maintained by the Irvington Housing Authority.
B.
Whenever any member of the Department of Public Safety finds or is
notified of any motor vehicle, omnibus, road tractor, trailer, truck,
truck tractor, boat, motor home or other commercial vehicle abandoned
on any vacant lot, unoccupied building, public street or highway of
the Township or on any public property described in this article,
such member shall issue a motor vehicle summons to move or secure
its removal to such garage or place as may be designated by the Director
of Public Safety and/or his designee as a garage or place for the
impounding of such vehicles, and such vehicle shall be retained and
impounded until the person owning the same shall first pay the reasonable
costs of the removal and storage which may result from such removal
before regaining possession of the vehicle.
Covering, tarping, or storing an abandoned, inoperable or unregistered
vehicle in an unenclosed building or structure will not be considered
to resolve an abandoned, inoperable or unregistered vehicle as a public
nuisance. Any abandoned, inoperable or unregistered vehicle belonging
to an individual who is in the process of selling the vehicle will
have 30 days from the date of receiving a notice from the Township.
Any person not exempted under § 620-80 shall dispose of any abandoned, inoperable or unregistered vehicle owned by him or her, and if the vehicle is located upon private property, the owner or person occupying the private property shall dispose of the abandoned, inoperable or unregistered vehicle as set forth in this chapter, upon written notice received from the Township commanding the disposition thereof.
A.
If the abandoned, inoperable or unregistered vehicle displays registration
plates or decals from which the last known vehicle owner may be determined
in a reasonably expeditious manner, notice as set forth in this chapter
shall be sent to the last registered vehicle owner, and if the vehicle
is located upon private property, to the owner or occupant of the
private property upon which the vehicle is located.
B.
All notices provided by this section shall be sent by registered
or certified mail, return receipt requested, postage prepaid. Notice
to one vehicle owner will be considered notice to all vehicle owners
and notice to one owner or occupant of private property will be considered
notice to all owners and/or occupants of private property upon which
the vehicle is located. Refusal to accept delivery of the notice shall
be deemed acceptance for purposes of this section. The date of notice
for purposes of this section shall be the day after the date such
notice was deposited with the United States Postal Service. Notice
may be personally served by a Township police officer or other law
enforcement agent authorized by the Business Administrator upon the
vehicle owner, or if the vehicle is located upon private property,
upon an owner or an occupant of the private property above the age
of 14 years, in which case the date of notice shall be the date of
personal service.
C.
If the vehicle is located upon public property, the notice will be
substantially in the form set forth in this subsection:
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NOTICE TO REMOVE VEHICLE FROM PUBLIC PROPERTY
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TO: Name
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Date
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Address
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A vehicle described as:
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Make: ___________________
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Year: ___________________
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Color: ___________________
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with registration plates number _____ (the vehicle) is registered in the name(s) of _____ with the State of _____. The vehicle is located at _____ outside of an enclosed building and is deemed to be an abandoned, inoperable or unregistered vehicle under Article XVII of the Township of Irvington Municipal Code (the Code). You are hereby notified that the vehicle must be removed, disposed of or placed in an enclosed building within seven days of the day after the date this notice was deposited with the United States Postal Service. If you fail to remove, dispose of, or place the vehicle in an enclosed building within the specified period, or within any extension granted by the Township Attorney, the Township may cause the towing or removal of the vehicle without further notice to you, and you may be charged with a violation of the Code and may be subject to penalties pursuant to Article XVII of the Township of Irvington Municipal Code. In addition, the costs of towing and storage, including court costs and reasonable attorneys fees, may be assessed against you.
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D.
If the vehicle is located upon private property, the notice shall
be substantially in the form set forth in this subsection:
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NOTICE TO REMOVE VEHICLE FROM PRIVATE PROPERTY
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TO: Name
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Date
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Address
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A vehicle described as:
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Year: ___________________
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Make: ___________________
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Color: ___________________
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with registration plates number _____ (the vehicle) is registered in the name(s) of _____ with the State of _____. The vehicle is located at _____ outside of an enclosed building and is deemed to be an abandoned, inoperable or unregistered vehicle under Article XVII of the Township of Irvington Municipal Code (the Code). You are hereby notified that the vehicle must be removed, disposed of or placed in an enclosed building within seven days of the day after the date this notice was deposited with the United States Postal Service. You may request a hearing on the matter of whether the above-described vehicle is an abandoned, inoperable or unregistered vehicle in violation of Article XVII of the Code by submitting a written request for such a hearing to the Township Attorney addressed as set forth below, within seven days of the day after the date this notice was deposited with the United States Postal Service. If you submit such a request for a hearing, a hearing date will be set and you will be advised of the time, date and place of such hearing at least three days in advance of the date of such hearing. The Township Attorney shall, upon good cause being shown, grant an extension of the hearing of not more than 30 days if you submit to the Township Attorney an affidavit that the vehicle is being held for sale or for expeditious repair as defined by Article XVII of the Code. To request a hearing, you must hand deliver or mail by certified mail, return receipt requested, a request for such a hearing in writing to the Township Attorney c/o, Township of Irvington, 1 Civic Square, Irvington, NJ 07111. If you fail to request a hearing within seven days of the day after the date this notice was deposited with the United States Postal Service and you do not remove, dispose of, or place the vehicle in an enclosed building within the specified period, or within any extension granted by the Township Attorney after a hearing, you may be charged with a violation of the Code and may be subject to penalties pursuant to the Township of Irvington Municipal Code. In addition, the costs of towing and storage, including court costs and reasonable attorney's fees may be assessed against you.
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A.
The person or persons to whom the notice as specified in § 620-84D is directed shall have the right to a hearing before the Township Attorney on the matter of whether the vehicle cited in such notice is an abandoned, inoperable or unregistered vehicle in violation of this chapter. To obtain such a hearing, a written request for such a hearing must be submitted by hand delivery or by certified mail, return receipt requested, addressed to the Township Attorney c/o, Township of Irvington, 1 Civic Square Irvington, New Jersey 07111 within seven days of the day after the date this notice was deposited with the United States Postal Service. In the event that a hearing is so requested, the Township Attorney shall, as soon as reasonably practicable, set a time, date and place for the hearing before the Township Attorney, and shall cause the person or persons so requesting the hearing to be provided with written notice of the time, date and place of the hearing at least three days in advance of the date of the hearing. Enforcement of this chapter shall be stayed pending the hearing and determination by the Township Attorney.
B.
The owner of the vehicle, or the owner or occupant of the private
property upon which the vehicle is located, may apply for an extension
of time of the hearing by submitting to the Township Attorney an affidavit
that the vehicle is being held for sale or expeditious repair. Upon
receipt of any such application for an extension of time, the Township
Attorney shall, upon good cause being shown, grant an extension of
the hearing of not more than 30 days. As used in this section, "expeditious
repair" means:
(1)
The necessary parts for repair have been ordered but are not available
for installation in the vehicle for reasons not within the control
of the owner of the vehicle;
(2)
The vehicle is scheduled to be repaired by a person whose regular
course of business includes the repair of vehicles and the scheduled
repair date is within 30 days; or
(3)
The vehicle is in such condition of being inoperable as a result
of a vehicular accident, and the owner of the vehicle or any third
party to whom, or from whom, a claim for the damages sustained in
such accident is anticipated, is investigating or preparing a claim
for such damages.
A.
Public property. In the event the notice provided for in § 620-84C is not complied with, the Township may cause the towing or removal of the abandoned, inoperable or unregistered vehicle from public property without further notice to the vehicle owner.
B.
Private property. In the event the notice provided for in § 620-84D is not complied with, except as provided in Subsection B(1) of this section, a hearing maybe requested before the Township Attorney.
(1)
In the event a request for a hearing before the Township Attorney is made as set forth in § 620-85, and the Township Attorney determines the vehicle is an abandoned, inoperable or unregistered vehicle, the Township Attorney shall set a reasonable date by which the vehicle shall be disposed of or enclosed within a building. The date shall be no less than seven days after the date of the hearing.
C.
It shall be the responsibility of the vehicle owner, or the owner of the private property upon which the vehicle is located, if applicable, to deliver a written notice to the Township Attorney and to provide documentation and/or demonstration of operability of the vehicle and that the vehicle has been properly registered if the vehicle has been put into operable condition and/or registered with the State of New Jersey Motor Vehicle Commission following issuance of the notice described in § 620-84 hereof. In the event no such written notice and evidence of compliance herewith is received by the Business Administrator, it shall be presumed that the vehicle remains abandoned, inoperable or unregistered and the Township may immediately cause the towing or removal of the vehicle from public property.
D.
Whenever a vehicle is towed or removed by a towing service pursuant
to the provisions of this chapter, the owner of the vehicle and the
owner or occupant of the property upon which the abandoned, inoperable
or unregistered vehicle is located, if applicable, shall be jointly
and severally responsible for all towing and storage charges.
E.
Within 48 hours of the removal of the vehicle, the Township will
send notice to the vehicle owner and any lienholder, if known, and
to the owner or occupant of the private property from which the vehicle
was removed, if applicable, that the vehicle has been impounded and
stored for violation of this chapter. The notice shall give the location
of the vehicle and the costs, if any, incurred by the Township for
removal.
F.
Any vehicle towed or removed pursuant to the provisions of this chapter
will be stored and claimed or disposed of in accordance with the applicable
provisions of the New Jersey Vehicle Code, as amended, entitled "Abandoned,
Lost, Stolen or Unclaimed Vehicles"[1] which is incorporated in this chapter by reference.
[1]
Editor's Note: See N.J.S.A. 39:10A-1 et seq.
When a vehicle is authorized to be towed, the Township shall
keep and maintain a record of the vehicle listing the color, year
of manufacture, manufacturer's name, manufacturer's series name, body
style, vehicle identification number and license plate year and number,
if any, displayed on the vehicle. The record shall also include the
date and hour of tow, location towed from, location towed to, reason
for towing and the name of the Township official authorizing the tow.
The provisions and remedies of this article shall be in addition
to any other provisions and remedies provided by this Code or the
New Jersey Compiled Statutes.
A.
Any person violating any of the provisions of this article will be subject to penalties pursuant to Chapter 604, Towing, effective date October 5, 2015, of this Code. If the Township incurs expenses, including reasonable attorneys' fees, in enforcing this article, the vehicle owner and the owner or occupant of private property notified as set forth in § 620-84 will be jointly and severally responsible for the expenses.
B.
Each day that any person or corporation shall continue to keep, maintain,
park, store, place or abandon such vehicle, machinery or mechanical
equipment upon such premises after the time contained in the aforesaid
notice shall expire shall be deemed to be a separate offense and violation
of this article.
C.
Any person who violates the provisions of this article shall, upon
conviction thereof, be subject to the following: A fine not exceeding
$100 a day but with a total fine not to exceed a maximum of $1,000
for such vehicle, machinery or mechanical equipment not removed after
aforesaid notice expired, in addition to the cost of the tow/removal
of the vehicle, machinery or mechanical equipment and any additional
fees the Township incurred due to the removal/tow of the vehicle,
machinery or mechanical equipment.
