[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.
A.
Notice to abate nuisance.
(1)
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.
(2)
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.
B.
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.
C.
Recovery of costs.
(1)
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:
(a)
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.
(2)
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:
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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.
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