[Adopted 4-11-1989 as Ord. No. 89-017]
No person shall deposit litter, rubbish or refuse
in a motor vehicle or motor drawn vehicle left unattended, parked,
disabled or abandoned on a public street, highway or bridge within
the City of Paterson. A vehicle which has remained on or along any
highway or other public property for a period of more than 48 hours
or for any period without current license plates or when disabled
or immobile shall be deemed abandoned. For purposes of this section,
a motor vehicle or motor-drawn vehicle shall be deemed to include
but not be limited to cars, trucks, buses, vans, road tractors and
pole trailers without motive power but designed to be propelled by
another vehicle. The inability of a motor vehicle to be moved under
its own power by reason of design or condition shall not eliminate
said motor vehicle from coverage under this section.
No person shall deposit litter, rubbish or refuse
in a motor vehicle or motor-drawn vehicle left unattended, parked,
disabled or abandoned on private property within the City of Paterson.
A vehicle which has remained on private property for a period of more
than 48 hours or for any period without current license plates or
when disabled or immobile shall be deemed abandoned. For purposes
of this section, a motor vehicle or motor-drawn vehicle shall be deemed
to include but not be limited to cars, trucks, buses, vans, road tractors
and pole trailers without motive power but designed to be propelled
by another vehicle. The inability of a motor vehicle to be moved under
its own power by reason of design or condition shall not eliminate
said motor vehicle from coverage under this section. For purposes
of this section, there shall be a rebuttable presumption that the
owner of the private property on which said motor vehicle or motor-drawn
vehicle is found is in control and possession of said vehicle, regardless
of the registration of said motor vehicle or motor-drawn vehicle.
[Amended 5-9-1995 by Ord. No. 95-027]
A.Â
Notice to remove. The Director of the Department of
Public Works or any inspector working under his supervision is authorized
and empowered to notify the owner, tenant, occupant or superintendent
or janitor or rental agent of any property, and/or the agent or employee
of any one of them, to properly dispose of litter, refuse or rubbish
left in a motor vehicle or motor-drawn vehicle on such property. Notice
shall be served by personal service upon the owner, tenant, occupant
or superintendent or janitor or rental agent, and/or the agent or
employee of any one of them, whomever is located at the property.
In the event that notice cannot be served by personal service upon
the owner, tenant, occupant, superintendent or janitor or rental agent,
and/or the agent or employee of any one of them, then a notice shall
be posted upon the main entrance of the premises on the property.
In the event that the property is an empty or unimproved lot, then,
in that event, notice shall be mailed by certified mail addressed
to the last known address of the owner of the property as shown in
the records of the office of the Tax Collector. The notice shall specify
the violation or violations committed, what must be done to correct
the same and shall specify a five-day period allotted to abate the
violation.
B.Â
Action upon noncompliance. Upon failure, neglect or
refusal of any owner or tenant or agent so notified to properly dispose
of the said litter, refuse or rubbish in a motor vehicle or motor-drawn
vehicle within five days of written notice, the Director of Public
Works is authorized and empowered to pay for the disposing of such
motor vehicle, or motor-drawn vehicle and the litter, refuse, rubbish
contained therein, by the city.
C.Â
Charge included in tax bill. When said motor vehicle
or motor-drawn vehicle and contents have been removed from any property
by or under the direction of the Director of Public Works and properly
disposed of, he shall certify the cost thereof to the Tax Collector,
who shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said property. The
amount so charged shall forthwith become a lien upon such property
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such property, the same to 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.
D.Â
Recorded statement constitutes lien. Where the full amount due the city is not paid by the property owner within 30 days after disposal of such motor vehicle or motor-drawn vehicle as specified in Subsections A and B of this section, then, and in that case, the Director of Public Works shall cause to be recorded in the Tax Collector's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 7% in the event that they are not paid in full on or before the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily completed and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Added 12-19-1995 as Ord. No. 96-068; amended 4-14-2020 by Ord. No. 20-023]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
