[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 1-1-1981 by Ord. No. 80-23-780 as Ch. 144 of the 1981 Code. Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings indicated:
- A way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.
- PUBLIC PROPERTY
- Does not include highway.
- A device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
This chapter shall not apply to:
A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property.
A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of New Jersey Statutes governing motor vehicles and this chapter.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the Borough. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the Borough, the state or any other legal entity or agency having jurisdiction.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Chief of Police or his designated agent. In the enforcement of this chapter, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.
When the Borough Council has contracted with or granted a franchise to any person, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
The Borough Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this chapter.
Notice to remove. The executive officer is hereby authorized and empowered to notify the owner of any open or vacant private property within the Borough or the agent of such owner to properly dispose of vehicles located on such owner's property which are dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to such owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of vehicles dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 10 days after the date of such notice in the event the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the executive officer is hereby authorized and empowered to pay for the disposing of such vehicles or to order its disposal by the Borough. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.
Charge included in tax bill. When the Borough has effected the removal of such dangerous vehicle or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 8% per annum from the date of the completion of the work, if not paid by such owner prior thereto, may be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Borough, and such charge shall be due and payable by such owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due the Borough is not paid by such owner within 10 days after the disposal of such vehicle, as provided for in Subsections A and B above, then, and in that case, the executive officer shall cause to be recorded in the Tax Collector's office of the Borough a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be in full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.