[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.
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.
A.
This chapter shall not apply to:
(1)
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.
(2)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
