[HISTORY: Adopted by the Township Committee of the Township of Bethlehem 5-1-2003 by Ord. No. 68-2-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 94.
Littering — See Ch. 106.
Abandoned vehicles — See Ch. 144.
Animals — See Ch. 158.
[1]
Editor's Note: This ordinance also repealed former Ch. 172, Nuisances, adopted by the Board of Health 5-29-1964 by Ord. No, 45, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCING OFFICIALS
The Code Enforcement Official or other official authorized by the Board of Health to enforce this chapter.
MANURE
Its generally accepted term other than as it exists in a stable or barnyard or as it is spread upon a field.
PERSON
An individual, firm, corporation, association, society or partnership and their agents or employees.
A. 
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:
(1) 
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality or cause or threaten to cause injury to the inhabitants of this municipality or endanger their property, health or safety.
(2) 
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.
(3) 
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 or threaten to cause injury to the inhabitants of this municipality or endanger their property, health or safety.
(4) 
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter 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, building or other place.
(5) 
The dumping, depositing or spreading on fields, in dumps, in quarries or in any manner any refuse from a cesspool, septic tank, vat pumpings in any form, or allowing sewage in any form from a cesspool, septic tank or vat to flow, run or seep in, upon or through the ground.
B. 
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this section.
A. 
All places and premises in this municipality shall be subject to inspection by the Board of Health or the enforcing official if the Board or that official has reason to believe that any section of this chapter is being violated.
B. 
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 code is believed to exist.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 172-2 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 or the Code Enforcement Official.
Any person who violates or neglects to comply with any provisions of this chapter established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $100 nor more than $1,000 for each violation. Each day of noncompliance shall continue after notification shall be a separate violation.
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 or a private supply approved by the enforcing official;
C. 
Does not have plumbing fixtures consisting of a kitchen sink;
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 or into a private sewerage system approved by the enforcing official; or
E. 
Minimum heating requirements. 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 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m.
A. 
Whenever a nuisance, as declared by § 172-2 above, 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.
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 § 172-2 above, is found on any public property or on any highway or 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.
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 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.