[HISTORY: Adopted by the Board of Health of the Borough of Gibbsboro as Chapter BH:IV of the Revised General Ordinances. Amendments noted where applicable.]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69 et seq. A copy of the code is annexed to this chapter and made a part of it without the inclusion of the text.
The code established and adopted by this chapter is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the offices of the Secretary of the Board of Health and the Borough Clerk for use and examination by the public.
Notice to abate nuisance.
Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Borough, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified, but not less than five days from the date of service of the notice.
Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified. If that person fails to comply with the notice within the time specified, the Board of Health or its agents or employees may remove or abate such nuisance or condition in the manner provided for a like condition existing on a private premises or place.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
Recovery of costs.
Whenever any cost or expense is incurred by the Borough as a result of the Board of Health, its agents or employees abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expense may be recovered in the following manner:
In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located.
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this chapter.
The code is amended in Section 1.1 to read as follows:
1.1 "Enforcing officials" shall mean and include regular and special patrolmen and superior officers of the Police Department, the Building Subcode Official, the Plumbing Subcode Official, the Health Officer or any other official authorized by the Board of Health to enforce this code and chapter.