It shall be unlawful for any person to abandon any vehicle within
the Borough of Westwood, and no person shall have any vehicle at any
place within the Borough for such time and under such circumstances
as to cause such vehicle to reasonably appear to have been abandoned.
No person shall leave any partially dismantled, nonoperating,
wrecked or junked vehicle on any street or highway or municipal parking
lot within the Borough.
It shall be unlawful for any owner, possessor or occupant of lands in the Borough of Westwood, County of Bergen, to permit the storage or placing upon such lands of any machines or parts of machines, automobiles or parts of automobiles, or vehicles in such need of repair as to render said vehicles incapable of being readily operated under their own power except, however, where such storage of vehicles, machinery or parts of vehicles and machinery is specifically authorized by Chapter 195, Land Use and Development, of the Code of the Borough of Westwood, County of Bergen, or by a variance granted by the Zoning Board of Adjustment of the Borough of Westwood, County of Bergen.
When a possible violation is ascertained by the Police Department
or Zoning Officer, and the Borough seeks to cause the removal of said
vehicle, the owner or occupant of said property and the owner of said
vehicle, if ascertainable, shall be given 10 days' written notice
by the Police Department or Zoning Officer of the Borough of Westwood
to remove said vehicle from the property or to submit, in writing,
to the Governing Body of the Borough of Westwood, justification for
retention of the vehicle. The Mayor and Council shall have the authority
to make final determination after hearing as to the disposition of
the vehicle or vehicles in each case. Removal proceedings are an additional
or alternative remedy in the interest of public safety. They shall
not preclude prosecution for violation of this article.
A.
Whenever any motor vehicle, junk automobile or junk automobile body
impounded by the Police Department shall remain unclaimed for a period
of 20 days, the motor vehicle, junk automobile or junk automobile
body shall be sold under the direction of the Borough Clerk or his/her
designee at public auction to the highest bidder. Such auction held
shall take place after notice of such sale has been given, at least
20 days prior thereto, by one publication in the newspaper circulated
in the Borough and upon the mailing of a copy of said notice to the
owner of the motor vehicle, junk automobile or junk automobile body
and/or the owner, occupant or tenant of the lands upon which the violation
is occurring, by registered mail, at least 20 days prior to the sale.
All revenues collected from such sale shall be retained by the Borough
of Westwood as a cost of administration.
B.
All sales of impounded vehicles shall be processed in accordance
with N.J.S.A. 39:10A-1 et seq. In particular, all vehicles to be auctioned
off shall be:
Any persons, corporations or firms affected by any notice which
shall have been issued in connection with the enforcement of any provision
of this article may request and shall be granted a hearing on the
matter before the Mayor and Council, 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 on which the notice was served. Upon
receipt of such petition, the Mayor and Council 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 the opportunity
to be heard and 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 Mayor and Council may postpone the date of the
hearing for a reasonable time beyond such ten-day period if, in its
judgement, the petitioner has submitted good and sufficient reason
for such postponement.
After such hearing, the Mayor and Council shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this article have been complied with. If the Mayor and Council sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 375-73 of this article 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
Westwood is hereby authorized to go upon the property and remove said
abandoned or junked vehicle. Upon the removal of such items prohibited
to be stored or placed upon the lands by this article, by order of
the Mayor and Council of the Borough of Westwood, in those cases where
the owner, tenant or occupant of the land shall have refused or neglected
to remove said vehicle, machinery or parts of vehicles or machinery
in the manner and within the time provided by the order of the Mayor
and Council, such persons, officers or employees of the Mayor and
Council as shall be designated to remove said vehicles and machinery
shall certify the cost of the removal of said vehicles and machinery
to the Governing Body of the Borough of Westwood, which shall examine
the certificate and, if found correct, shall cause the cost as shown
thereon to be charged against the lands upon which said vehicle or
machinery was found, and the amount so charged shall forthwith become
a lien upon said lands and shall be added to and become and form a
part of the taxes next to be assessed and levied upon said lands.
The same shall 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.
A.
Any person, firm or corporation being convicted of a violation of
the provisions of this article shall be subject to a fine not to exceed
the sum of $200 or to imprisonment not to exceed 90 days, or both,
in the discretion of the Municipal Judge.
B.
Each day that a vehicle is unlawfully stored upon the premises shall
be treated as a separate violation.
