[Gen. Ords. 1962, §§ 8-2, 8-3; Ord. No. 25029, 11-9-1981]
As used in this article the following terms shall mean as indicated
below:
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled or wrecked automobiles,
or parts thereof, iron, steel, and all other old or scrap ferrous
or nonferrous material.
A person who collects, by purchase or otherwise, junk, old
metals, and secondhand articles by going from place to place in the
City.
A person who operates a shop for the purchase, sale or barter
of junk.
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State law reference — Junk collector
defined, M.G.L.A. c. 140, § 56.
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[Gen. Ords. 1962, § 8-8]
No junk dealer or junk collector shall, directly or indirectly,
either purchase or receive by way of barter or exchange any junk,
old metals or secondhand articles from a minor knowing or having reason
to believe him to be such.
[Ord. No. 27693, 4-11-1994]
(a)
EMERGENCY
JUNKED OR DISMANTLED MOTOR VEHICLES
PERSON
PROPERTY
REPAIR
SUDDEN
VEHICLE
Definitions. For the purposes of this section, the following words
and phrases shall have the meanings respectively ascribed to them
by this section.
A sudden, generally unexpected occurrence or set of circumstances
demanding immediate action.
Any motor vehicle that has outlived its usefulness in its
original condition and is commonly gathered up and sold to be converted
into another product of a different kind.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any real property within the City which is not a street or
highway.
To restore to good condition by replacing parts or putting
together something torn or broken; to restore to a healthy state.
Happening quickly and without warning, unexpectedly, immediate,
without delay, instant, directly.
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, buses, truck-trailers,
semitrailers, camper, go-carts, snowmobiles, mopeds, dune buggies,
racing vehicles or motorcycles.
(b)
Keeping on private property restricted.
(1)
Storing, parking or leaving a junked or dismantled motor vehicle
on private property is hereby declared a nuisance and is prohibited.
No person shall park, store, leave or permit the parking, storing
or leaving of any junk motor vehicle, whether attended or not, upon
any private property within the City for a period of time in excess
of 30 days. The presence of a wrecked, dismantled, rusted, inoperative
or partially dismantled junk motor vehicle, or parts thereof, on private
property is hereby declared a public nuisance which may be abated
as such in accordance with the provisions of this section. This section
shall not apply to any vehicle enclosed within a building on private
property or to any vehicle held in connection with a business enterprise
lawfully licensed by the City and property operated in an appropriate
zoning district, pursuant to the Zoning Ordinances of the City of
Waltham.
(2)
Notice of existence of violation and notice to remove. Whenever it
comes to the attention of the Director of Public Health or his designee
that any nuisance, as defined in Subsection (b)(1) of this section,
exists in the City of Waltham, a notice in writing shall be sent by
certified mail to the owner of the land where the nuisance exists
notifying him or her of the existence of the nuisance and ordering
its removal in the time specified in this section.
(3)
Contents of notice. The written notice to the owner of the property
where the vehicle is located shall contain the demand for removal
specified in this section and shall contain a description of the make,
if attainable, as well as the color of the dismantled or junked motor
vehicle.
(4)
Period for removal of the junk motor vehicle from property. Upon
receipt of written notice, the owner of the property where the junk
motor vehicle is located shall be required to remove or provide for
removal of the junk motor vehicle during a period not to exceed 21
calendar days. Such removal shall be in accordance with the law, and
said vehicles shall not be placed in a public way as prohibited by
MGL c. 90, § 22B.
(5)
Failure to remove. If the violation described in this notice has
not been remedied by the owner of the property within the 21 calendar
days, the Director of Public Health, or his designee, shall notify
the Chief of Police, or his designee, and shall request police assistance
in removing the vehicle from the property. The City is authorized
to pay to any private entity that performs said towing services at
the direction of the Chief of Police, or his designee. This removal
shall be conducted in a manner similar to that used in removing vehicles
from a public way, MGL c. 90, § 22C. It shall be unlawful
for any person to interfere with, hinder or refuse to allow such person
or persons to enter upon the private property for the purposes of
such removal.
(6)
Costs for removal. If, after the twenty-one-day period, the junk
motor vehicle or junk motor vehicles have not been removed by the
owner of the property where such junk motor vehicle or junk motor
vehicles are located and the removal is carried out by the Chief of
Police or his designee the fee for such removal shall be $100 for
each vehicle removed, plus any additional costs of such removal shall
be the responsibility of the owner of the land where the junk motor
vehicle or junk motor vehicles are located. The Director of Public
Health or his designee shall submit the bill incurred for such removal
to the owner of the land in writing and send to the owner of the land
at his last and usual known address as set forth in the records of
the Assessors Office.
(7)
Attachment of lien. When it comes to the attention of the Director
of Public Health or his designee that the owner of the land where
the junk motor vehicle or junk motor vehicles were located has refused
to pay the costs of the removal within the period of thirty days from
the mailing of an original bill, the Director of Public Health may
take legal actions pursuant to MGL c. 90 § 22B, noncriminal
disposition.
(8)
Disposal of junk motor vehicles. Whenever a private entity authorized
to remove such junk motor vehicles does remove the same at the direction
of the Chief of Police or his designee, the entity shall dispose of
such vehicles in accordance with the provisions of MGL c. 135, Subsections
7 through 11 and MGL c. 90, § 22C.
(c)
Violations and penalties. Any person violating any of the provisions
of this section shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in an amount not exceeding $20.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
(d)
Right of appeal. Any owner of land who is notified in accordance
with Subsection (b)(2) of this section that a nuisance, as defined
in Subsection (b)(1), exists on property under his control may appeal
the determination of the Director of Public Health to the Board of
Health of the City of Waltham. Such appeal shall be in writing and
shall be received by the Board of Health within 14 days of the date
of the notice to the property owner. The Board of Health shall rule
on the appeal and give written notice of its decision to the land
owner within 45 days of receipt of such appeal. No action shall be
undertaken to enforce the provisions of this section for any violation
for which such appeal is pending before the Board of Health. Additionally,
the property owner may request that his appeal be in the form of a
hearing before the Board.
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State law reference — Abandonment
of motor vehicles, MGL c. 90, § 22B.
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