[HISTORY: Adopted by the Common Council of
the City of Egg Harbor City 5-1-2023 by Ord. No. 10-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 262, Vehicles,
Junk, adopted 4-28-1983 by Ord. No. 7-1983.
The following terms, phrases and words, as used in and for the
purpose of this chapter, shall be deemed to have the following meanings:
Includes any motor vehicle, omnibus, road tractor, trailer,
truck and truck-tractor which:
Has remained on or about private property or public property
without the consent of the owner or other person so in charge of said
property for a continuing period of more than 10 days; or
Does not have current license plates and registration; or
Is found to be mechanically inoperative and is allowed to remain
inoperative for a period of the 10 days; or
Is found without one or more tires.
Any fully enclosed structure, a solid fence of at least 12
inches higher than the abandoned or junk vehicle.
Any vehicle which is no longer in actual use as a motor vehicle
or such vehicle is incapable of being operated safely or being put
in a safe operational condition except at a cost in excess of the
value thereof.
The meanings stated and defined in N.J.S.A. 39:1-1 et seq.
Any individual, firm, partnership or corporation, being the
owner or having legal right in or to the motor vehicle or other vehicle
as herein defined, but said term shall not include any commercial
enterprise engaged in the business of towing or motor vehicle repair.
The Police Department of the City of Egg Harbor.
That work performed or to be performed upon any vehicle,
including, but not limited to, motors, ignition systems, transmission,
drive train, electric system or body or fender work.
A.
No person shall authorize, permit, allow or suffer the repair, service
or overhaul of any motor vehicle, of any description, upon any public
parking lot, highway, street or alley within the city except when
such repairs are necessary in an immediate emergency. Emergency repairs
necessary to place said vehicle in operation may be made upon said
public highway, street, parking lot or alley, provided that said emergency
repairs can be completed in less than two hours or unless an extra
period of time has been granted by the person in charge of the police
department at the time of the emergency.
B.
It shall be unlawful for any person to store or permit to be stored on any residential private property in the City more than one abandoned or junk vehicle, as defined herein, outdoors, except as set forth in Subsection C. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage, barn or other buildings or in accordance with any provisions of the zoning ordinances of the City. An enclosure as defined herein shall be erected around any such vehicle stored.
C.
Any person may keep on his or her own residential private property
one vehicle which would otherwise be classified as abandoned or junk,
provided that said vehicle is being kept for repair or sale.
D.
No more than two abandoned or junk vehicles shall be permitted on
any nonresidential private property unless such vehicles are being
repaired as defined herein. Such vehicles must have an enclosure as
defined herein.
A.
Upon complaint of any resident or property owner of the City or any
employee of the City, the Chief of Police or their designated agent
shall make an investigation of the conditions complained of and report
thereon, in writing, as to the conditions found. Upon receiving such
report, if the property in question about which the complaint was
made is found to be in violation of this chapter, the Chief of Police
or their agent shall notify the owner or possessor of the property,
personally or by mail, to take steps to effectively remove the violation
from the property within 10 days after receipt of such notice.
B.
The Chief of Police or their designated agent shall reinspect said
lands after the ten-day period shall have expired, and, if it is found
that a condition complained of and previously found to exist in violation
of this chapter has not been abated or remedied, such member of the
police department shall file a complaint in the municipal court. The
person owning the same shall first pay the reasonable cost of removal
and storage which may result from such a removal before regaining
possession of the vehicle.
A.
Any person who violates the provisions of this chapter shall, in
addition to such other penalties as may be prescribed, pay all cost
of removal and impounding, and in the event that the violator is a
property owner, said costs and such other fines and penalties as may
be levied in accordance with this chapter shall become a lien upon
his or her property in accordance with law and be collected in the
manner ascribed and established for the collection of liens found
in the Code of the City.
B.
Any person who violates the provisions of this chapter shall, upon
conviction, be punished by a fine not exceeding $500 at the discretion
of the judge of the municipal court of the City, and each day that
such a violation shall continue shall be deemed a separate offense.
C.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance, and the City Council shall
have the right to apply to the courts of this state for injunctive
relief or other relief in addition to the penalties provided herein.
Any person may appeal the decision of the police department
as follows:
A.
Any person aggrieved by the notice of the police department may seek
review of the notice before the Mayor for reconsideration, within
five days of the person's receipt of the notice.
B.
Any person aggrieved by the decision of the Mayor they may then request
a hearing before Council by filing a request for appeal with the City
Clerk's office within five days of the decision of the Mayor.
The owner or tenant may appeal the decision of Council through the
Superior Court.
