[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 8-20-1968 by Ord. No. 549 (Ch. 2 of the 1966 Code). Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this chapter:
IN THE OPEN
A vehicle not housed in a structure composed of four walls, a roof and doors, or a structure accessory to an existing dwelling permitted by Chapter 400, Zoning, of the Code of the Borough of Montvale as a garage.
PERSONS
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE LOTS OR YARDS
Any land which is privately owned within the Borough of Montvale.
PROPERTY
Any real property within the Borough which is not a street or highway.
STREET or HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to use of the public for purposes of vehicular travel.
VEHICLE
A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and to transport persons or property or pull machinery and shall include, without limitations, "automobile," "truck," "trailer," "motorcycle," "tractor," "buggy" and "wagon."
It shall be unlawful for any person to abandon any vehicle within the Borough of Montvale, and no person shall leave any vehicle at any place within the Borough for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
It shall be unlawful for any owner, possessor or occupant of lands in the Borough of Montvale, County of Bergen, to permit storage or placing upon such lands any machines or parts of machines, automobiles or parts of automobiles, or vehicles in such need of repair as to render said vehicle incapable of being readily operated under its own power except, however, where such storage of vehicles, machinery or parts of vehicles and machinery is specifically authorized by Chapter 400, Zoning, of the Code of the Borough of Montvale, County of Bergen, or by a variance granted by the Planning Board of the Borough of Montvale, County of Bergen.
For the purpose of this chapter, a vehicle shall be considered abandoned or junked if it is in such defective condition as to be unable to be moved under its own power or if it does not show proper license plates and inspection certificate as required by the laws of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
When a violation is ascertained, and the owner of said property and the owner of said vehicle is ascertainable, there shall be given 10 days' written notice by the Police Department of the Borough of Montvale to remove said vehicle from the property or to submit, in writing, to the Mayor and Council of the Borough of Montvale justification for retention of the vehicle. If said vehicle is returned after the said 10 days to the same property, and within 60 days of the issuance of the first notice, a summons shall be issued immediately without the requirement of an additional 10 days' written notice to the owner of said vehicle. The Mayor and Council shall have the authority to make final determination after hearing as to the disposition of the vehicle or vehicles in each case. The presence of an abandoned vehicle may also be pursued and prosecuted by the Borough as a property maintenance violation in accordance with Chapter 305 of the Borough Code.
Any persons, corporations or firms affected by any notice which shall have been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Mayor and Council; provided that such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Mayor and Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given the opportunity to be heard and show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that, upon application of the petitioner, the Mayor and Council may postpone the date of hearing for a reasonable time beyond such ten-day period, if in its judgment the petitioner has submitted good and sufficient reason for such postponement.
After such hearing the Mayor and Council shall sustain, modify or withdraw the notice depending upon its findings as to whether the provisions of this chapter have been complied with. If the Mayor and Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 382-6 of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within 10 days after such notice is served.
After the issuance of any order for removal, the Borough of Montvale is hereby authorized to go upon the property and remove said abandoned or junked vehicle. Upon the removal of such items prohibited to be stored or placed upon the lands by this chapter by order of the Mayor and Council of the Borough of Montvale, in those cases where the owner, tenant or occupant of the land shall have refused or neglected to remove said vehicles, machinery or parts of vehicles and machinery, in the manner and within the time provided by the order of the Mayor and Council, such persons, officers or employees of the Mayor and Council as shall be designated to remove said vehicles and machines shall certify the cost of the removal of said vehicles and machinery to the Mayor and Council of the Borough of Montvale, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands upon which said vehicle or machinery was found, and the amount so charged shall forthwith become a lien upon said lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands. The same shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violations of this chapter shall be punished as set forth in Chapter 1, Article I, General Penalty.
Notwithstanding any other evidence of legislative intent of the Mayor and Council of the Borough of Montvale, it is hereby declared to be the controlling legislative intent that if any provision of this chapter, or the application of this chapter to any person, is held invalid, the remainder of the chapter and of the application of said provisions to persons or circumstances other than those which are held to be invalid shall not be affected thereby. This chapter is hereby declared to be severable in the various provisions hereof.