[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No. 2335 as §§ 15-1, 15-37 to 15-42 of the 1978 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED OR JUNKED VEHICLE
- A vehicle that is in such defective condition as to be unable to be moved under its own power, or which does not show proper current license plates and/or an inspection certificate as required by the laws of New Jersey, provided that a temporarily disabled vehicle which is to be repaired within a reasonable time shall not be deemed to be an abandoned vehicle.
- IN THE OPEN
- Not within a structure composed of walls, roof and doors completely shielding the interior from view.
- PRIVATE LOTS OR YARDS
- Includes any land which is privately owned within the City which is not licensed as a junkyard.
No person shall cause, allow or permit an abandoned or junked vehicle to stand in the open on a private lot or yard or anywhere in the open.
When an apparently abandoned or junked vehicle is found in the open in apparent violation of this chapter, the Chief of Police, or such person as shall be designated by him for that purpose, shall give written notice to the owner of the premises upon which the vehicle is located, and to the owner of such vehicle if ascertainable, directing the removal of such vehicle within 10 days from such notice, provided that such notice shall advise such persons of the right to a hearing as hereinafter described.
If such hearing is not requested within the aforesaid ten-day period, such notice shall become an order of the Chief of Police, and such vehicle shall be removed within the said ten-day period.
Any person receiving such notice may request a hearing thereon before the Chief of Police or his designee, provided that such request shall be in writing and shall contain a statement of the reasons why such person contends there has been no violation of the provisions of this chapter.
Upon receipt of such request, the Chief of Police or his designee shall fix a time and place for such hearing, which shall be not later than 10 days thereafter, and shall so advise the person requesting the hearing.
The hearing may be informal, and the person or persons to whom the aforesaid notice was directed shall have an opportunity to submit reasons why it is contended that there has been no violation of this chapter or why the notice should be rescinded or modified.
Following such hearing, the Chief of Police or his designee shall sustain, modify or withdraw the notice, depending upon his finding as to whether there has been a violation of this chapter.
If the owner of the vehicle in question contends that the vehicle is awaiting repair and that it is the intention of the owner to repair same, the Chief of Police or his designee may fix a reasonable time within which such repairs shall be accomplished, in default of which the vehicle shall be removed.
If the Chief of Police sustains or modifies the notice, such decision shall constitute an order of the Chief of Police, and the vehicle shall be removed in compliance with such order.
If any person to whom an order is directed pursuant to the provisions of this chapter shall fail to comply therewith, the Chief of Police or his designee may cause the vehicle in question to be removed, and for that purpose may authorize entry upon the premises on which the vehicle is located, and may cause the vehicle to be towed away, in which event the cost thereof shall be charged against and become a lien upon the property on which the vehicle is located, which lien shall be collected with and in the same manner as taxes levied upon the premises.
[Amended 2-6-1990 by Ord. No. 90-02]
Any person who violates any provision of this chapter shall upon conviction thereof be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.