[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach: Art. I, 1-10-1966 by Ord. No. 65-04-167; Art. II, 3-11-1980 by Ord. No. 80-02-274. Sections 46-9 and
46-14 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
[Adopted 1-10-1966 by Ord. No. 65-04-167]
It shall be unlawful for any owner, possessor or occupant of lands in the Borough of Pine Beach, County of Ocean, to permit to store or be placed upon such lands or on any street or public lands any machines or parts of machines, automobiles or parts of automobiles or vehicles so in need of repair as to render the same incapable of being readily operated under their own power, boats, refrigerators and other junk, except where such storage is specifically authorized by Chapter 175, Zoning and Subdivision, or by a variance granted by the Board of Adjustment of the Borough of Pine Beach, County of Ocean and State of New Jersey.
It shall be unlawful for any person to park or leave standing
any machines, automobiles or parts of automobiles or vehicles so in
need of repair as to render the same incapable of being readily operated
under their own power, boats, refrigerators, and other junk on the
land of another without permission of the owner, possessor or occupant
of such lands.
[Amended 2-10-1981 by Ord. No. 81-01-288]
Upon complaint of any resident or property owner of the Borough
of Pine Beach or any employee of said borough or upon his own motion,
any law enforcement officer of the Borough of Pine Beach shall make
an investigation of the condition complained of. If a violation of
this article shall appear to exist, the officer making such investigation
shall notify, in writing, the owner and occupant or possessor of the
abandoned motor vehicles, automobiles, boats, machinery, equipment,
refrigerators and other junk and the owner, occupant or possessor
of the premises whereon said materials shall be located to either
remove said materials or to restore the same to active use within
a time, not less than 10 days, to be stated in said written notice.
Such notice shall be served either personally or by certified mail,
return receipt requested.
[Amended 2-10-1981 by Ord. No. 81-01-288]
The officer making such investigation shall reinspect said lands
and premises after the period fixed by said notice shall have expired
and shall thereupon report, in writing, to the Mayor and Council whether
or not the condition complained of and previously found to exist in
violation of this article has been abated or remedied.
If the owner or possessor of such abandoned motor vehicles,
automobiles, boats, machinery, equipment, refrigerators and other
junk shall fail to remove such abandoned item within the time fixed
by the notice aforesaid, such owner or possessor shall be deemed to
be in violation of this article, and a complaint may then be filed
against the owner or possessor of such item for such violation.
If the owner or possessor of such abandoned item has abandoned
the same on the land owned or occupied by him or her and shall refuse
or neglect to abate or remedy the condition complained of and which
constitutes a violation of this article, after the written notice
aforesaid, the Mayor and Council may cause the condition complained
of to be abated and remedied.
Upon the removal of any of the items prohibited to be stored
or placed on lands by this article by or under the direction of such
officer or officers of this borough in cases where the owner or tenant
shall have refused or neglected to remove the same in the manner and
within the time provided above, such officer or officers shall certify
the cost thereof to the Mayor and Council, which shall examine the
certificate and, if found correct, shall cause the cost as shown thereon
to be charged against said lands. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become and
form part of the taxes next to the assessed and levied upon said lands,
the same to bear interest at the same rate as taxed, and which shall
be collected and enforced by the same officers and in the same manner
as taxes.
Appeals for relief from the provisions of this article may be
made ex parte to the Mayor and Council of the Borough of Pine Beach,
County of Ocean, and relief may be granted by said body by the adoption
of a formal resolution when, in the opinion, such relief is not detrimental
to the public interest.
Any person, firm or corporation being convicted of a violation
of any of the provisions of this article shall be subject to one or
more of the following: a fine not to exceed $1,000, imprisonment for
a term not to exceed 90 days or community service for a period not
to exceed 90 days in the discretion of the municipal Judge.
[Added 6-14-1977 by Ord.
No. 77-02-254]
Whenever in this article reference is made to the Building Inspector,
such provision shall be deemed to mean the Building Inspector, Chief
of Police or any law enforcement officer of the Borough of Pine Beach
as designated by the Chief of Police.
[Adopted 3-11-1980 by Ord. No. 80-02-274]
No person shall bring into the Borough of Pine Beach any motor vehicle which is so in need of repair as to render the same incapable of being operated under its own power except as may be authorized by Chapter 175, Zoning and Subdivision, in connection with the operation of an authorized business in a designated business zone.
No person shall place or store upon any public or private lands or roads in the Borough of Pine Beach any motor vehicle so in need of repair as to render the same incapable of being operated under its own power; nor shall any owner or occupant of any privately owned lands or roads in the Borough of Pine Beach permit any other person to place or store upon said privately owned lands and roads any such motor vehicle except where such placement or storage shall be specifically authorized in a business zone of the Borough of Pine Beach by Chapter 175, Zoning and Subdivision.
The continuous and uninterrupted transit of any motor vehicle
incapable of being operated under its own power by tow truck or other
means of transportation through the Borough of Pine Beach shall not
be deemed to be a violation of this article.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be subject to one or more of the following:
a fine not to exceed $1,000, imprisonment for a term not to exceed
90 days or community service for a period not to exceed 90 days. Each
day any violation of this article shall occur shall be deemed a separate
offense hereof.
