Borough of Dumont, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont by Ord. No. 680 (Secs. 13-21 through 13-27 of the 1970 Revised Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Traffic and parking — See Ch. 21.
Police Department — See Ch. 75.
Littering — See Ch. 256.
Parking of recreational vehicles — See Ch. 317.

§ 423-1 Definitions.

As used in this chapter:
ABANDONED OR JUNKED VEHICLE
Any motor vehicle which is in such defective condition as to be unable to be moved under its own power, or which does not show proper license plates and inspection certificate as required by the laws of New Jersey.
IN THE OPEN
Refers to a vehicle not housed in a structure composed of four walls, roof and doors completely shielding vehicle from view.
PRIVATE LOTS OR YARDS
Includes any land which is privately owned within the Borough.

§ 423-2 Abandonment of motor vehicles prohibited.

No person shall 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 in the Borough.

§ 423-3 Notice to remove vehicle or justify retention.

When it has been ascertained that a violation of this chapter exists, the owner of the vehicle, if he can be found, shall be given 10 days written notice by the police department to:
A. 
Remove the abandoned or junked vehicle from the premises; or
B. 
Submit in writing to the public safety committee justification for retention of the vehicle.

§ 423-4 Request for hearing; notice of time and place; hearing.

A. 
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 public safety 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.
B. 
Upon receipt of such petition the public safety committee shall set a time and place for such hearing and shall give the petitioner written notice thereof.
C. 
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 public safety committee may postpone the date of the hearing for a reasonable time beyond such 10 days period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
D. 
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

§ 423-5 Determination of Public Safety Committee after hearing.

A. 
After the hearing referred to in § 423-4, the public safety committee shall:
(1) 
Sustain, modify or withdraw the notice referred to in § 423-3 depending upon its finding as to whether the provisions of this chapter have been complied with.
(2) 
Have the authority to make final determination of the abandoned or junked vehicle.
B. 
If the public safety committee sustains or modifies such notice, it shall be deemed to be an order, as modified.
C. 
A notice served pursuant to § 423-4 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.

§ 423-6 Entry upon premises for purpose of removal; civil action for cost.

After the issuance by the public safety committee of an order for removal of an abandoned or junked vehicle, the officer appointed by the said committee is hereby authorized to go upon the said premises and remove said abandoned or junked vehicle and collect from the property owner the reasonable cost of said removal. If necessary, the Borough shall proceed with a civil action for the recovery of said cost incurred in removing the abandoned or junked vehicle.

§ 423-7 Violations and penalties.

[Amended by Ord. No. 742; 4-17-2007 by Ord. No. 1334[1]]
Unless another penalty is expressly provided by the laws of the State of New Jersey, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not less than $200, nor more than $1,000, or imprisonment for a term not exceeding 90 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).