[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 1-1-1982 as Sec. 3-7 of the 1982 Recodification. Amendments noted
where applicable.]
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storage out of doors of any motor vehicle not currently
in use for transportation and not licensed for the current license year or
any other unused machinery, equipment or other property on public or private
lands in the borough is contrary and inimical to the public welfare, in that
such articles so placed, abandoned, left, kept or stored attract or may attract
persons of tender years who, being so attracted, may play in and about them
and be injured in so doing, and in that such articles so placed, abandoned,
left, kept or stored out of doors, exposed to the elements, deteriorate and
in themselves are unsightly and deteriorating, become more unsightly and are
detrimental to and depreciate the value of properties in the neighborhood
where they are located and in the borough as a whole and thereby constitute
a public nuisance.
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandonment, leaving, keeping or storage of any article described in § 282-1 above out of doors upon any public or private land in the borough or between the right-of-way side lines of any public thoroughfare therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building.
If any article described in § 282-1 above shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of said land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.
Whenever it shall appear to any member of the Police Department of the borough that § 282-2 above is being violated and that the land on which the violation exists is privately owned, he shall in writing notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the borough or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall be served upon such owner or tenant, if he resides in the borough, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years. But if any such owner or tenant shall reside outside the borough, the notice shall be served upon him by registered or certified mail, addressed to him at his usual residence if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the borough may be published, and said owner or tenant shall so abate the violation within the time fixed by the notice.
A.
Whenever it shall appear to any member of the Police Department of the borough that § 282-2 above is being violated, and that a violation exists on public lands or between the right-of-way side lines of any public thoroughfare, he:
(1)
Shall determine whether any article constituting the
violation constitutes or may constitute a traffic hazard, and if so, he shall
move it or cause it to be moved to a nonhazardous location or into an enclosed
storage place.
(2)
Shall ascertain if he can who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in § 282-4 above for the services of notice thereunder.
B.
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location or if the name and address of the owner of the article cannot be ascertained or if the violation shall not be abated in the time required by the notice given under the foregoing § 282-4, he shall:
(1)
Determine whether the article or articles have a value
in excess of the costs of moving it or them to enclosed storage and the cost
of storing it or them for three months in the case of motor vehicles and for
six months for all other articles.
(2)
Unless the article or articles appear to have a value
clearly in excess of such cost, he shall arrange if he can for the removal
at the expense of the borough to an authorized dump.
(3)
If the article or articles appear to have a value clearly
in excess of said cost, he shall remove it or them or cause it or them to
be removed at the expense of the borough to enclosed storage.
(4)
If the article or articles shall be removed under the foregoing § 282-5A(1) or B(2) or (3), he shall, in the manner required by § 282-4 above for service of notice thereunder, give notice to the owner of that removal and of the owner's right to reclaim it or them by paying the cost of removal and interim storage charges.
If any article or articles impounded by the Police Department under
this chapter shall remain in its possession after three months after notice
of the impounding in the case of motor vehicles and for six months for all
other articles, the impounded article or articles shall be deemed to have
been abandoned and forfeited by their owner, and the governing body of the
borough shall sell and dispose of them as provided in N.J.S.A. 40:47-20.[1]
[1]
Editor's Note: N.J.S.A. 40:47-20 was repealed by P.L. 1971, c. 197.
For current provisions, see N.J.S.A. 40A:14-157.
