[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 6-8-1987 by Ord. No.
1366-87. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 62.
Uniform construction codes — See Ch. 85.
Food handling — See Ch. 111.
Junkyards — See Ch. 124.
Lead-based paint — See Ch. 131.
Littering — See Ch. 140.
Massage establishments — See Ch. 144.
Noise — See Ch. 150.
Noxious weeds — See Ch. 170.
Sewers — See Ch. 189.
Garbage — See Ch. 204.
As used in this chapter, the following terms
shall have the meanings indicated:
The Health Officer or other official authorized by the Department
of Health and Human Services to enforce this code and chapter.
An individual, firm, corporation, association, society, partnership,
and their agents or employees.
[Amended 10-28-2014 by Ord. No.
2324-2014]
In addition to those nuisances set forth in the Public Health
Nuisance Code of New Jersey (1953), the following are hereby declared
to be nuisances and injurious to residents of the Borough:
A.
Any matter, thing, condition or act which after investigation by
the health officer or other enforcing official that annoys, injures
or endangers the safety, health, welfare, comfort, or repose of the
public; offends public decency or aesthetic sensibilities; interferes
with, obstructs or render dangerous any street, highway or other public
way; or in any way renders the public insecure in life or property
of this Borough is hereby declared to be a public nuisance and shall
include but not be limited to the following:
(1)
Pollution or existence of a condition or conditions which cause or
threaten pollution of any waters in this municipality in such manner
as to cause or threaten injury to any of the inhabitants of this municipality
either in their health, comfort or property.
(2)
The escape into the open air from any stack, vent, chimney or any
entrance to the open air or from any fire into the open air of such
quantities of smoke, fly ash, dust, fumes, vapors, mists or gases
as to cause injury, detriment or annoyance to the inhabitants of this
municipality or endanger their comfort, repose, health or safety.
(3)
The growth, existence or presence of ragweed on any plot of land,
lot, highway, right-of-way or any other public or private place.
(4)
The growth, existence or presence of poison ivy within 20 feet of
any property line.
(5)
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
(6)
The existence or presence of any accumulation of garbage, refuse,
manure 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.
(7)
Depositing, accumulating or maintaining any matter or thing which
serves as food for insects or rodents and to which they may have access
or which serves or constitutes a breeding place or harborage for insects
or rodents in or on any land, premises, building or other place.
B.
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 any person to make,
cause or suffer or permit to be made or caused upon any premises owned,
occupied or controlled by him/her or it, or upon any public street,
alley or thoroughfare in this municipality, any unnecessary noises
or sounds by means of the human voice, or by any other means or methods
which are physically annoying to persons, or which are so harsh, or
so prolonged or unnatural, or unusual in their use, time and place
as to occasion physical discomfort, or which are injurious to the
lives, health, peace and comfort of the inhabitants of this municipality
or any number thereof.
It shall be unlawful for any person to rent,
lease or otherwise permit the occupancy of any building as a residence,
or for any person to reside in any building as its owner which:
A.
Is not adequately and properly ventilated;
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by
the State Department of Health and Human Services or a private supply
approved by the enforcing official;
C.
Does not have plumbing fixtures consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet, connected to the
potable water supply; or
D.
Does not have facilities for the discharge of all
household liquid wastes into a public sewerage system approved by
the State Department of Health and Human Services, or into a private
sewerage system approved by the enforcing official.
It shall be unlawful for any person to spit
upon any public sidewalk or upon any part of the interior or exterior
of any public building or public conveyance.
A.
All places and premises in this municipality shall
be subject to inspection by the Department of Health and Human Services
or the Enforcing Official if the Department or that official has reason
to believe that any section of this code is being violated.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Department of Health and Human Services
or the enforcing official from having full access to any place or
premises upon which a violation of this code is believed to exist.
A.
Whenever a nuisance as declared by § 173-2 of this code 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. All notices required pursuant to this section shall be served within any twelve-month period and this notice shall remain valid for the ensuing twelve-month period as notice for any subsequent violations. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
B.
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.
C.
Whenever a nuisance as declared by § 173-2 of this code is found on any public property or on any highway or 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 Department of Health and Human Services 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.
D.
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 Department of Health and Human Services shall proceed to abate
the nuisance or may cause it to be removed or abated in a summary
manner by such means as said Department shall deem proper.
The Department of Health and Human Services may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 173-2 of this code 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 code shall be enforced
by the Department of Health and Human Services or its enforcing official.
