Borough of Fair Lawn, NJ
Bergen County
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Table of Contents
Table of Contents
[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:
ENFORCING OFFICIALS
The Health Officer or other official authorized by the Department of Health and Human Services to enforce this code and chapter.
PERSON
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.
Any person, firm or corporation who or which violates or neglects to comply with any of the provisions of this article or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article III.