[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.]
GENERAL REFERENCES
Overnight storage of vehicles needing repair — See Ch. 317, § 317-13B(7).
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Not within a structure composed of walls, roof and doors
completely shielding the interior from view.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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]
A.
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.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
