[HISTORY: Adopted by the City Council of the City of Hackensack: Article I, 8-1-1955 as Ord. No. 594; Article II, 3-6-1967 as Ord. No. 901. Article I amended and revised 10-5-1959 (Ord. No. 717) as Ch. 5, Article XI, Section 3, of the 1959 Revised Ordinances. Section 168-3A and B amended and § 168-8A added at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 100.
Junkyards and storage yards — See Ch. 104.
Littering — See Ch. 109.
Nuisances — See Ch. 114.
Parking on private property — See Ch. 127.
[Adopted 8-1-1955 as Ord. No. 594]
By virtue of the authority vested in it by N.J.R.S. 26:3-45 and 40:48-2.13 and 2.14, the City Council of the City of Hackensack hereby declares that the abandoning of any vehicle or chattel upon private or public property in the City of Hackensack is a nuisance and iminical to the public health, safety and general welfare in that children or other persons in the vicinity of said abandoned chattel may meet with serious injury therefrom.
As used in this Article, the following terms shall have the meanings indicated:
ABANDONED
The remaining of a vehicle or chattel continuously upon unoccupied property for a period exceeding 24 hours, unless it is upon such property in connection with a business operation currently being conducted thereon and the vehicle or chattel is under reasonable periodic supervision in connection with said business operation.
CHATTEL
Vehicles, iceboxes, refrigerators, sinks, stoves, tanks, plumbing fixtures, machinery, appliances and articles or objects of a similar nature.
VEHICLE
Every device in, upon or by which a person or property is or may be transported upon a highway, excepting a device used exclusively upon stationary rails or tracks.
A. 
Whenever any vehicle or chattel is found to be abandoned, the Police Department, by summons or complaint, may immediately enforce the penalty imposed by § 1-15 of Chapter 1, General Provisions.
B. 
In addition, whenever any vehicle or chattel is found to be abandoned upon private property, the Health Officer shall serve a notice of violation in accordance with the provisions of Article II of Chapter 23, Health Department, which notice shall order the removal of the vehicle or chattel at the owner's expense within 10 days from the receipt of said notice.
C. 
If the owner of said chattel, or the owner, occupant or tenant of the premises, when notified, does not comply with the notice within the time specified, the Health Department shall proceed to abate the nuisance by removing the chattel at the expense of the city to the city garage or any other appropriate place which may be designated by the Health Officer for the storage or impounding of said chattel.
D. 
If the said chattel is not claimed by its owner or any other interested person within 30 days from the date of such removal by the Health Department, the chattel may be sold at public auction to the highest bidder. If the expenses of removal and storage are not fully defrayed by the proceeds of the aforesaid auction, the balance remaining unrecovered may be charged by the City Council against, the lands from which the said chattel was removed; 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 such 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.
The City Council of the City of Hackensack may recover, by action at law, the expenses incurred in such removal and abatement, less any amounts realized from a sale at auction as aforesaid, from any person who shall have caused or allowed such chattel or vehicle to remain upon the property, or from any owner, tenant or occupant of premises upon which said chattel shall have been abandoned, who, after notice as herein provided, shall fail to remove and abate the same within the time specified in the notice. If the Council fails to recover an amount sufficient to defray such expenses or shall deem it inexpedient to bring such action, such expenses, or such part thereof as may not have been recovered, shall be paid by the city as an ordinary current expense.
The City Council, instead of proceeding in accordance with §§ 168-3 and 168-4 of this Article to abate the nuisance, may institute an action in the Superior Court, in the name of the state, for injunctive relief in accordance with N.J.R.S. 26:3-56.
[Adopted 3-6-1967 as Ord. No. 901]
[Amended 3-28-2023 by Ord. No. 14-2023]
A. 
Continuous parking of a vehicle on a public street or highway for a period of 72 hours shall be prima facie sufficient evidence of abandonment by the owner thereof and reasonable grounds for a member of the Police Department to believe that such vehicle has been abandoned. The City Manager or designee is authorized to relax this requirement in some or all of the City in the event of emergent circumstances such as severe weather until such time as he or she determines the emergent circumstances are no longer present, and shall further have the discretion, for good cause, to authorize individual vehicles to park on a public street or highway for a continuous period beyond 72 hours under policies and procedures to be developed by his or her office.
B. 
Any inoperable vehicle that is continuously parked on a public street or highway for a period of 48 hours shall be presumed to be abandoned and may be removed by the City utilizing the procedures set forth in this article, as well as subject to the penalties set forth in this article. For purposes of this section, a vehicle shall be deemed "inoperable" if the engine, wheels or other parts have been removed, or the engine, wheels or other parts have been altered, damaged or otherwise impaired so that the vehicle is incapable of being driven under its own motor power, or, if not equipped with an engine when manufactured, is incapable of being moved without outside assistance.
C. 
Any vehicle parked on a public street or highway for any period without current, valid license plates shall be presumed to be abandoned and may be removed immediately by the City utilizing the procedures set forth in this article, as well as subject to the penalties set forth in this article.
A. 
Any unoccupied vehicle parked or standing in violation of this Article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle.
B. 
The owner shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.
A. 
Vehicles not claimed by the owner or other person entitled thereto within 30 days shall be sold at auction in accordance with the provisions of § 168-3D of Article I of this chapter.
B. 
At any time prior to the sale, the owner or other person entitled thereto may claim possession of the motor vehicle upon payment of the reasonable costs of the removal and storage of the vehicle and any fine or penalty and court costs assessed against him for the violation which gave rise to the seizure or taking possession of such vehicle.
C. 
Any fines or costs, the payment of which is required hereunder, shall constitute a debt due the City of Hackensack, New Jersey, and shall be collectible in the manner provided by law in a court of competent jurisdiction.
[Amended 11-18-1991 by Ord. No. 24-91]
Any person convicted of a violation of any provision of this Article shall be subject to the imposition of the sanctions set forth in Chapter 1, General Provisions, Article I, § 1-15, of the Code of the City of Hackensack, New Jersey.
This act is intended to provide an additional remedy and shall not be construed to supersede procedures provided under any other act.