[HISTORY: Adopted by the Common Council of the City of Egg Harbor
City 4-28-1983 by Ord. No. 7-1983. Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 213.
The general purpose of this chapter is to preserve and protect the public
health, safety and general welfare of persons and property and to eliminate
fire and other hazards which may result from junk motor vehicles on lands
in the City of Egg Harbor City.
As used in this chapter, the following terms shall have the meanings
indicated:
Any fully enclosed structure, a solid fence at least 12 inches higher
than the motor vehicle in question or a tarpon that is not transparent.
Any vehicle which is without a current motor vehicle registration,
license plate or inspection and is in either a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative or abandoned condition. A junked
vehicle shall be classified as to its condition in one of the two following
categories:
RESTORABLE- Any vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired. The vehicle must be kept within an enclosure.
WRECK- A junked vehicle in such condition that it is economically unsound to restore the same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that the public officer, in his/her opinion, determines that it warrants such classification.
An authorized representative of the Code Enforcement Department or
a police officer designated by the Director of Public Safety to enforce the
contents of this chapter.
A.Â
Motor vehicles shall be subject to the following requirements:
(1)Â
Residential areas. Except as provided in other regulations,
not more than one restorable motor vehicle shall be parked on any property
in a residential district, and said vehicle shall not at any time be in a
state of major disassembly or disrepair, nor shall it be in the process of
being stripped or dismantled. A vehicle of any type shall not at any time
undergo major overhaul, including body work, in a residential district or
on a public street.
(2)Â
Nonresidential areas. Except as provided in other regulations
and approved by the public officer, not more than two restorable motor vehicles
shall be permitted on any property in a nonresidential district, and any vehicle
shall not at any time be in a state of major disassembly or disrepair, nor
shall it be in the process of being stripped or dismantled outdoors.
(3)Â
Wrecks. Motor vehicles defined as wrecks shall not be
permitted in any zoning district or public street, except as provided in other
regulations.
B.Â
The public officer shall make the determination as to
the classification to be assigned to any one particular vehicle.
Whenever any owner or tenant permits any junk vehicle to remain on his/her
lands or premises more than 24 hours or any person has abandoned the same,
a public officer shall serve said person with a written notice to remove the
same therefrom or enclose within 10 days of the date he/she is served with
said notice, either by personal service or by certified mail, return receipt
requested. If the owner or tenant does not enclose or remove the junk vehicle
from the lands or premises or from the public street, park or property in
10 days, said public officer shall make a formal complaint against said person
in the Municipal Court of Egg Harbor City for violating the provisions of
this chapter.
An owner or tenant may appeal the decision of a public officer as follows:
A.Â
Any owner or tenant aggrieved by the decision of a public
officer may seek review of the notice before the Director of Public Safety,
for reconsideration, within five days of the owner's or tenant's
receipt of the notice.
B.Â
If the owner or tenant is aggrieved by the decision of
the Director of Public Safety, he/she may then request a hearing before Mayor
and Council. The applications for the hearing may be obtainable from the City
Clerk's office. The appeal application must be filed with the City Clerk's
office within five days of the decision of the Director of Public Safety.
The owner or tenant may appeal the decision of Mayor and Council through the
Superior Court.
Any person who shall violate any of the provisions of this chapter and
any person who aids, abets or assists therein shall, upon conviction in a
court of competent jurisdiction, be subject to a fine not exceeding $1,000,
a term of imprisonment not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof, and any applicable court
costs and assessments.
