[HISTORY: Adopted by the Board of Health of the Township of East Amwell 11-19-1985 by Ord. No. 85-01BH. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Board of Health of the Township of East Amwell in the County of Hunterdon.
- ENFORCING OFFICIAL
- The Health Officer or other official authorized by the Board of Health to enforce this code and chapter.
- An individual, firm, corporation, association, society, partnership, and their agents or employees.
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
Pollution, or existence of a condition or conditions which cause or threaten to cause pollution, of any waters in this municipality in such manner to cause or threaten to cause injury to any of the inhabitants of this municipality either in their health, comfort or property.
The existence or presence of any accumulation of garbage, refuse, offal or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist, except in the normal and careful operation of a farm.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied as a residence by more than two families to fail to supply heat from the first day of October in each year to the first day of May of the succeeding year in such manner that the temperature of said building where one or more persons reside shall always be kept at 68º F. or above between the hours of 6:00 a.m. and 10:00 p.m.
It shall be unlawful for any person to rent, lease or otherwise permit the occupancy of any building as a residence which:
Is not adequately and properly ventilated;
Fails to provide potable water at sufficient pressure and quantity for each family unit from a public supply approved by the State Department of Environmental Protection or a private supply meeting the requirements of the Board of Health;
Does not have plumbing fixtures consisting of a kitchen sink, bathtub or shower, lavatory and flush toilet, connected to the potable water supply; or
Does not have facilities for the discharge of household wastes into a public sewerage system approved by the State Department of Environmental Protection or into a suitable private sewerage system approved by the Board of Health.
All places and premises in this municipality shall be subject to inspection by the Board of Health or the enforcing official if the Board has taken action declaring that any section of this chapter is being violated.
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Board of Health or the enforcing official from having full access to any place or premises upon which a violation of this chapter has been declared to exist by said Board of Health.
Whenever a nuisance as declared by § 163-2 of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
Whenever a nuisance as declared by § 163-2 of this chapter is found on any public property or on any highway or on any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
If the owner, tenant or occupant upon being notified as provided by this section shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Board shall deem proper.
The Board of Health may institute an action at law to recover the costs incurred by it in the removal or abatement of any nuisance as declared by § 163-2 of this chapter from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant, or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced by the Board of Health or its enforcing official.
Any person who violates or neglects to comply with any provision of this chapter or the code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $5 or more than $500 for each violation. Each day that said noncompliance shall continue after notification in accordance with this chapter shall be considered a separate violation.