[HISTORY: Adopted by the Board of Health of the Township of Elk 7-1-1966. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED CHATTEL
- Chattel which is left outside a closed building for more than seven
- ABANDONED VEHICLE
- A vehicle which remains on a property for more than 30 consecutive
days and which either is not readily operable under its own power or does
not bear a current license issued by the New Jersey Department of Motor Vehicles.
This definition shall not apply to vehicles kept or stored in a garage or
other closed building nor to vehicles in a junkyard licensed by the township.[Added 5-1-1970]
- Any structure or part thereof other than a dwelling, including but not limited to accessory buildings, such as garages, barns, storage sheds or other structures.
- Includes vehicles, parts of vehicles, automobile bodies, parts of
automobile bodies, iceboxes, refrigerators, stoves, plumbing fixtures, household
appliances and articles or objects of a similar nature.[Added 5-1-1970]
- Any structure or part thereof used or intended to be used for human habitation.
- ENFORCING AUTHORITY
- The Board of Health of the Township of Elk or such person or persons as shall be duly authorized by said Board.
- The control and elimination of any condition which may serve as or constitute a breeding place or harborage for insects or rodents, in or on any lands and premises, by any means which may be approved by the enforcing authority.
- The presence in or on any lands and premises of household pests, vermin, rodents, nesting and breeding places or any other condition which serves as or constitutes a breeding place or harborage for insects or rodents.
- A tenant, lessee or other person or persons in actual possession or control of any lands and premises.
- Any person, firm or corporation holding title to lands and premises, and includes an executor, administrator, trustee or agent of the owner.
- PLUMBING FACILITIES
- Includes all gas, water and sewer pipes and lines and appurtenances, heaters and heating systems and appurtenances, kitchen sinks, toilets, bathtubs, drains, vents and any and all other appurtenances thereto.
- Includes every device upon or by which a person or property is or
may be transported.[Added 5-1-1970]
No person shall occupy as owner or shall rent or offer to rent to another for occupancy any structure in the Township of Elk for the purpose of human habitation which does not comply with all ordinances of the Township of Elk and with the following minimum requirements:
Every dwelling shall contain a kitchen sink in proper working condition and properly connected to the public sewer and water system or to an approved private potable water supply and disposal system.
Every dwelling shall contain one flush water closet, lavatory basin and bathtub or shower in proper working condition and properly connected to the public water and sewer system or to an approved private potable water supply and disposal system, or the premises shall have an existing outside toilet in a good state of repair and maintained in such sanitary condition as may be determined by the enforcing authority. Inside bathroom facilities shall be contained in a room separate and apart from any other room in said dwelling.
It shall be the duty and responsibility of the owner of any lands and premises in the Township of Elk:
To maintain all dwellings and structures and every part thereof, including plumbing and heating facilities and all appurtenances thereto, in a good state of repair and to keep same in proper working condition and maintain said premises in a clean and sanitary condition.
To maintain and keep said premises free from any and all accumulations of trash, garbage, refuse or any other type of waste matter whatsoever.
It shall be the duty and responsibility of the occupant of lands and premises:
To keep said lands and premises over which he has possession and control in a clean and sanitary condition.
To place all garbage and refuse in closed containers and to refrain from depositing or accumulating any refuse, junk, scrap or any other waste matter whatsoever in or on said premises.
To refrain from willfully allowing any of the above-mentioned conditions to exist and to promptly notify the owner of the existence of any of said conditions beyond his control.
To maintain and keep said premises free from any abandoned vehicles or chattels.
The installation of any outdoor toilets on the lot of any dwelling after the effective date of this chapter is hereby prohibited. All existing outdoor toilets shall be maintained in a clean, sanitary and odor-free condition, and in the event such toilets shall be deemed by the enforcing authority to constitute a public nuisance, same shall not be repaired or replaced, but shall be eliminated and proper plumbing facilities as hereinabove mentioned shall be installed in said dwelling.
Whenever it shall be determined by the Board of Health that any lands and premises are unfit for human habitation or fail to comply with the provisions of this chapter or constitute or are likely to constitute a nuisance hazardous to the health and welfare of the residents of the Township of Elk, 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 and a notice of such determination shall be conspicuously affixed to said lands and premises. Said notice shall be served personally or by certified mail upon the owner or agent, or if the owner resides out of the state or cannot be so notified speedily, such notice shall be left at the 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. If the owner, tenant or occupant, upon being notified as provided herein, shall not comply with such notice within the time specified therein and shall fail 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 said Board shall deem proper.
In the event that the owner or tenant of said lands shall fail or refuse to abate the condition or comply with any order of said Board and the Board deems it necessary to proceed in a summary manner to abate said nuisance, the Board of Health shall certify to the Township Committee the costs thereof and the Township Committee may, in its discretion, by resolution, charge the costs thereof against said lands, and said amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
Any person, firm or corporation who violates or neglects to comply with any provisions of this chapter or any order issued pursuant hereto shall, upon conviction in the Municipal Court of the Township of Elk or any other court of competent jurisdiction, be liable to a fine of not less than $2 nor more than $500, at the discretion of said Court before whom said conviction is had. Each violation and each day of a continuing violation shall be deemed a separate and distinct offense.