[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-29-1973 by Ord. No. 73-7
as Ch. 15, Art. II, of the 1973 Code of Ordinances. Section 253-3 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
No person shall keep, store or abandon upon any parcel of land, street,
road, alley, way, parkway or other place within the borough any motor vehicle
not currently being used for transportation and not being licensed for the
current year, nor shall any person keep, store or abandon any unused machinery
or equipment upon any parcel of land, street, road, alley, way, parkway or
other place within the borough; provided, however, that nothing herein contained
shall be deemed to prohibit the placing, keeping or storing of any such motor
vehicle, machinery or equipment in a garage or other suitable building.
Whenever the Police Chief of the borough shall find that a motor vehicle
not currently being used for transportation and not having been licensed for
the current year is kept, stored or abandoned upon any lands described in
§ 253-1 or that any unused machinery or equipment is stored, kept
or abandoned upon any such lands, the owner, tenant or occupant of any such
lands shall be required to remove such motor vehicle, machinery or equipment
from such lands or to place the same within a garage or other suitable building
within 10 days after receipt by such owner, tenant or occupant, as the case
may be, of a written notice from the Police Chief or his representative requiring
such removal.
The notice provided for by § 253-1 may be served upon each
owner, tenant or occupant, either personally or by sending the same addressed
to such owner, tenant or occupant at his address, and if the latter method
is used, the ten-day period within which such removal shall be required to
take place shall be deemed to have commenced to run from the date of the registry
return receipt showing the delivery of such registered letter. Every such
notice shall, in addition to requiring the removal aforesaid, notify the owner,
tenant or occupant of the lands to which it refers that failure to comply
with such notice within 10 days will result in removal and disposal of such
motor vehicle, machinery or equipment by or under the direction of the Chief
of Police or his representative; and in the latter event, the cost of such
removal and disposition shall forthwith become a lien upon the lands to which
the notice refers and shall be added to and become a part of the taxes next
to be assessed and levied upon such lands, to bear interest at the same rate
and to be collected as in the case of such taxes.
Whenever the owner, tenant or occupant of any lands within the borough
who has received the notice referred to in §§ 253-2 and 253-3
shall fail and neglect within the time prescribed in such notice to effect
removal of the motor vehicle, machinery or equipment therein referred to,
such removal shall be accomplished by or under the direction of the Police
Chief who, upon completion thereof, shall serve a notice upon the owner, tenant
or occupant, as the case may be, which notice may be served in the same manner
as is herein provided for service of the notice referred to in §§ 253-2
and 253-3, notifying the owner, tenant or occupant that the removal has taken
place and that the motor vehicle, machinery or equipment which
was removed is being held by the borough for redemption by such owner, tenant
or occupant. Such notice shall further state that unless such motor vehicle,
machinery or equipment is redeemed within 10 days after service of such notice
by the payment of all charges incurred for such removal, then such motor vehicle,
machinery or equipment will be disposed of by destruction or otherwise, and
if additional costs are incurred by reason of such disposal or destruction,
such costs shall be added to the cost of removal referred to in § 253-3,
and shall be collected in the same manner as stated in such section.
After completing performance of the matter set forth in § 253-4,
the Police Chief shall certify the cost thereof to the Mayor and Borough Council.
If the Mayor and Borough Council, after examining such certificate, shall
find the same to be correct, they may cause the cost so certified to be charged
against the lands, hereinabove referred to, whereupon the amount of such charge
shall forthwith become a lien upon such lands and shall be added to and become
a part of the taxes next to be assessed and levied upon such lands to bear
interest at the same rate as taxes and to be collected and enforced in the
same manner as taxes.
