[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 6-20-1966 by Ord. No. 490. Amendments noted where
applicable.]
It shall be unlawful for any person, firm, partnership
or corporation to cause, allow or permit vehicles to be abandoned
or junked on private lots or yards or anywhere in the open on premises
owned by said person, firm, partnership or corporation.
As used in this chapter, the following terms
shall have the meanings indicated:
A vehicle not housed in a structure composed of four walls,
roof and doors completely shielding the vehicle from view.
Includes any land which is privately owned within the Borough
of Oradell.
For the purpose of this chapter, a vehicle shall
be considered abandoned or junked if it is in such defective condition
as to be unable to be moved under its own power or if it does not
show proper license plates and/or an inspection certificate as required
by the laws of New Jersey.
When a violation is ascertained, the owner of
said property and the owner of said vehicle, if ascertainable, shall
be given 10 days' written notice by the Police Department to remove
said vehicle from the property or to submit in writing, to the Police
Committee justification for retention of the vehicle. The Police Committee
shall have the authority to make final determination, after a hearing,
as to the disposition of the vehicle in each case.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter may request and shall be granted a hearing on the matter
before the Police Committee, provided that such person shall file
in the office of the Borough Clerk a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor
within 10 days after the day the notice was served. Upon receipt of
such petition, the Police Committee shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that upon application of
the petitioner, the Police Committee may postpone the date of the
hearing for a reasonable time beyond such ten-day period, if, in its
judgment, the petitioner has submitted a good and sufficient reason
for such postponement.
After such hearing, the Police Committee shall sustain, modify or withdraw the notice, depending upon its finding as to whether the provisions of this chapter have been complied with. If the Police Committee sustains or modified such notice, it shall be deemed to be an order. Any notice served pursuant to § 275-4 of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within 10 days after such notice is served.
After the issuance of any order for removal,
the Borough of Oradell is hereby authorized to go upon said property
and remove said abandoned or junked vehicle and charge the property
owner with the reasonable cost of said removal.
Any person, firm, partnership or corporation
who shall violate said chapter shall, upon conviction, be subject
to a fine, which fine shall include the cost of removal as part of
said fine, in an amount not exceeding $200 or be confined to the county
jail for a term not exceeding 90 days, or both, in the discretion
of the Magistrate of the Municipal Court.
