[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-18-1984 as §§ 3-6 and 3-17 of the 1984 Code. Amendments
noted where applicable.]
[Amended 5-21-1985 by Ord.
No. 1985-6]
No person shall abandon, leave, store or maintain or permit the abandonment,
storage or maintenance of any motor vehicle, machinery or equipment or parts
of machines or motor vehicles out of doors in any private or public place
within the Borough of Bay Head which motor vehicle, equipment, machines or
parts thereof are in a substantial state of disrepair and inoperable or has
an expired registration. This prohibition shall be deemed supplementary to
the provisions of N.J.S.A. 39:4-56.5.
Upon complaint of any resident or property owner in the borough or any
employee of the borough or upon his own motion, the Code Enforcement Official
or a designated agent shall make an investigation of the condition complained
of and report thereon, in writing, to the Mayor and Council.
Upon receiving the report, if the land in question about which the complaint was made is found to be in such condition that a violation of one (1) or more of the provisions of § 219-1 exists, the Code Enforcement Official shall notify the owner and possessor or occupant of the lands complained of, in writing, either personally or by certified mail, return receipt requested, to take such steps as will effectively remove the violation within ten (10) days after receipt of notice.
A.
The Code Enforcement Official shall reinspect the lands
after the ten-day period shall have expired and shall report, in writing,
to the Mayor and Council, whether or not the unlawful condition complained
of and previously found to exist in violation of this chapter has been abated
or remedied.
B.
In the event that the owner, possessor or occupant of
the lands shall refuse or neglect to abate or remedy the condition complained
of after ten (10) days notice, the Code Enforcement Official shall cause the
violation to be abated and remedied.[1]
C.
Upon the removal of any of the items stored or placed
on lands in violation of this subsection by or under the direction of the
Code Enforcement Official, in cases where the owner or tenant shall have refused
or neglected to remove same in the manner and within the time provided, the
Code Enforcement Official 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 the lands. The amount
so charged shall forthwith become a lien upon the lands and shall be added
to and become and form part of the taxes next to be assessed and levied upon
the lands, the same to 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.[2]
A.
Unless otherwise specified herein, for a violation of
any provision of this chapter, the maximum penalty, upon conviction thereof,
shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment
for up to ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
B.
All fines and penalties under this chapter may be paid
directly to the Municipal Court Administrator, unless otherwise indicated
by the officer issuing the summons.
