§ 184-185. Inoperable motor vehicles.

A. 

Prohibited acts.

(1) 

It shall be unlawful to place, leave, keep or store out of doors on public lands or between right-of-way lines of any public thoroughfare in the Borough:

(a) 

any inoperable motor vehicle,

(b) 

any component part,

(c) 

or any motor vehicle without one or more mounted tires.

(d) 

As it relates to A(1)(a) or (b), this Subsection A(1) shall not apply in an emergency situation, but this exception shall only apply for a period not exceeding 24 hours. This Subsection A(1) shall not apply to any motor vehicle or component part owned or leased by the Borough.

(2) 

It shall be unlawful to place, leave, keep or store out of doors any inoperable motor vehicle, any component part, or any motor vehicle found without one or more mounted tires on private lands in the Borough for a period of more than 20 days.

(3) 

It shall be unlawful to place, keep or store out-of-doors on private property in the LI zone any inoperable motor vehicle or component part; provided it is visible from any lot in the R-75, R-150, PB, CC, CO, CC2 or GC zones, or from any public way, except to the extent permitted by § 184-185A(5) through (9).

[Amended 2-8-2005 by Ord. No. 05-04R]

(4) 

Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any inoperable motor vehicle or component part in a conforming enclosed garage, barn or other building so long as the inoperable motor vehicle or component part is not visible from any adjoining lot(s), or from any public way.

(5) 

Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any inoperable motor vehicle or component part by any new or used car dealer in any location on the premises permitted by an approved site plan, so long as all requirements of this chapter are satisfied, in addition to the following conditions:

(a) 

Storage of any inoperable motor vehicle or component part shall not continue for more than 90 days;

(b) 

All leaks or drippings of vehicle fluids shall be trapped by suitable containers so as to prevent same from seeping into the pavement or ground and all shall conform with all applicable New Jersey law.

(6) 

Except for service station or garage operators or new or used car dealers, no person shall park, leave or store or maintain any inoperable motor vehicle or component parts thereof for a period of more than 20 days upon any private property except as permitted in Subsection A(2) above. The provisions of this section shall not apply to motor vehicles located inside garages or other buildings or new or used vehicles being held for sale by a licensed new car dealer.

(a) 

Not more than 10 vehicles. Service station or garage operators and new or used car dealers shall have the right to park, have, store or maintain, at any one time, no more than 10 inoperable motor vehicles or component parts thereof on private property owned or occupied by such licensed operators or dealers when such vehicles are being or are about to be repaired, or are being disposed of or scrapped, or are being held for insurance company evaluation, so long as there has been complete compliance with the following conditions:

[1] 

Such storage of any single motor vehicle shall not continue for more than 90 days;

[2] 

All of the applicable provisions of the Borough Code are met;

[3] 

All requirements of this chapter for the location and operation of such storage facility are met;

[4] 

Leaks or drippings of vehicle fluids shall be trapped by a suitable container so as to prevent the fluid(s) or dripping(s) from seeping into the pavement or ground.

(b) 

More than 10 vehicles. Licensed service stations or garage operators or licensed new or used car dealers shall have the right to park, have, store or maintain, at any one time, more than 10 inoperable motor vehicles or component parts on private property owned or occupied by such licensed operators or dealers so long as there has been complete compliance with the following conditions:

[1] 

Storage of any single vehicle shall not continue for more than 180 days;

[2] 

All of the applicable provisions of the Borough Code are met;

[3] 

All requirements of this chapter for the location and operation of such storage facility are met;

[4] 

Fire lanes of adequate width and number of locations as determined by the Fire Department are provided;

[5] 

Any vegetation in the fenced storage area must be kept trimmed and cut back to within four inches of ground level and all resultant trimmings and clippings removed from the storage area;

[6] 

The property must be fully lighted and the area devoted to vehicle storage paved to provide support for emergency vehicles. Paving materials may be gravel, cinders, macadam, concrete or other similar materials and must be of sufficient depth to provide support equivalent to four inches of gravel;

[7] 

The property must be surrounded by fencing at least six feet in height to prevent unlawful entry. The fences shall be maintained in good repair at all times;

[8] 

To preclude view of the inoperable vehicles from the public streets or adjacent properties from ground level, landscape plantings or solid type fencing shall be provided and maintained in sufficient quantity, density and location, and at least six feet in height; and

[9] 

Leaks or drippings of vehicle fluids shall be trapped by a suitable container so as to prevent the fluid(s) or dripping(s) from seeping into the pavement or ground.

(7) 

For purpose of this section, property separated from the main place of business of the service station or garage operator, or new or used car dealer, by a public road or property owned or operated by another shall be considered as part of the same property and activity.

B. 

Presumption. If any inoperable motor vehicle or component part shall be left, placed, kept or stored on private land for more than 20 days, it shall be presumed that the owner or tenant in possession of said land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.

C. 

Procedure for violations on private lands.

(1) 

Whenever it shall appear to the Zoning Officer that this section is being violated and that the land on which the violation exists is privately owned, the Zoning Officer shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the inoperable motor vehicle(s) or component part(s) from the Borough or into a conforming enclosed garage, barn or other building within 10 days of the service of the notice.

(2) 

Said notice shall be served upon such owner or tenant, personally, by leaving it at his or her usual place of abode with some member of his or her household over the age of 14 years or by certified mail addressed at his or her usual residence, as it appears on the Tax Assessor's records as to an owner. If no address is ascertainable, notice shall be published in the newspaper in which the legal notices of the Borough may be published.

(3) 

The owner or tenant shall so abate the violation within the time fixed by the notice. For the purpose of this section, the Zoning Officer and the Chief of the Police Department, or his or her designee, are designated as the enforcement officers.

D. 

In the event that the Borough is forced to remove any of the inoperable motor vehicle(s) or the component part(s) prohibited to be stored or placed on lands by this section, by or under the direction of such officer, in cases where the owner or tenant shall have refused or neglected to remove same in the manner and within the time provided above, such officer shall certify the cost thereof to the Governing Body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands, the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

E. 

Procedure for violations on public lands. Whenever it shall appear to the Zoning Officer or the Police Chief, or his or her designee, that § 184-185A(1) is being violated and that the violation exists on public lands or between the right-of-way side lines of any public thoroughfare, the Police Chief or his/her designee (on his/her own determination or upon notification by the Zoning Officer) shall:

(1) 

Determine whether any inoperable motor vehicle or component part constituting the violation constitutes or may constitute a traffic hazard, and, if so, the Police Department shall cause it to be moved to a nonhazardous location or into an enclosed storage place.

(2) 

Ascertain, if the Police Department can, who is the owner of the inoperable motor vehicle(s) or component part(s) and the Zoning Officer shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him/her, which notice shall be given as required in § 184-185C for the service of notice thereunder.