(Ord. No. 2018-19)
A.Â
It shall be unlawful for any person to abandon a motor vehicle on
or along any public street or road or any public lands or place within
the Township of Plumsted.
B.Â
(1)Â
No person shall park or leave unattended a vehicle on private property
without the consent of the owner or other person in control or possession
of the property, except in the case of emergency or disablement of
the vehicle in which case the owner or operator thereof shall arrange
for the expeditious removal of the vehicle.
(2)Â
No person shall park or leave unattended an abandoned or unregistered
vehicle on private property for a period in excess of 90 days.
A vehicle which has remained on or along any highway or other
public property or on private property without the consent of the
owner or other person in charge of the private property for a period
of more than forty-eight (48) hours, or for any period without current
license plates, shall be presumed to be an abandoned motor vehicle.
It shall be unlawful for any owner, possessor or occupant of
land in a residential zone in the Township with the exception of legal
commercial nonconforming uses located therein, to store, place or
permit to be stored or placed upon such land, other than in an enclosed
building or in a duly-licensed junk yard operated pursuant to all
applicable regulations of the Township, any automobiles so in need
of repair as to render them incapable of being readily operated under
their own power, or automobiles not currently licensed, or any parts
of any such automobiles or vehicles.
A.Â
Upon complaint of any resident or property owner of the Township
or upon his own motion, the Zoning Officer, Police Officer, or other
authorized Township official, shall make an investigation of the condition
complained of, and if it appears that a violation of one or more of
the provisions of this chapter exists on the land, the Zoning Officer,
Police Officer, or other authorized Township official, shall notify
the owner, possessor or occupant of the land in writing of such violation,
which notice shall require the abatement of the violation within ten
(10) days from date of service of such notice.
B.Â
Such notice shall be served personally upon the owner, possessor
or occupant of the land by handing a copy of it to the person or by
leaving it at his usual place of abode with some member of his household
over the age of fourteen (14) years; but if any such owner or possessor
resides outside the Township, the notice shall be served upon him
by registered or certified mail, addressed to him at his usual residence
if same is ascertainable; otherwise, such owner shall be served by
notice published in the official newspaper of the Township.
If an owner, possessor, or occupant of lands fails or refuses to abate the violation within ten (10) days from the date of receipt of the publication of the notice provided for in Section 61-4 herein, the Township, through its Zoning Officer, Police Department, or other authorized official of the Township, may serve the said owner, possessor or occupant the summons for violating the within chapter.
If the owner, possessor, or occupant of the lands is adjudged
by the Municipal Court of the Township of Plumsted to have violated
this chapter, the Township, through its servants, agents or employees
at the direction of the court, may enter upon the lands and premises
for the purpose of removing such motor vehicle or parts thereof. The
Township shall take possession of any such motor vehicle and proceed
to dispose of it in accordance with the provisions of N.J.S.A. 39:10A-1,
et seq.
A.Â
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000), by imprisonment for a term not to exceed
ninety (90) days or by community service of not more than ninety (90)
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.Â
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
