[HISTORY: Adopted by the Board of Health of the Township of Harding 2-4-1969 (Ch. 131 of the 1990 Code). Amendments noted where applicable.]
No person shall create, commit, maintain or allow to be created, committed or maintained any nuisance within the Township. For the purposes of this chapter, the following specific things, conditions and acts, each and all of them, are hereby defined and declared to be nuisances, but said enumeration shall not be deemed to be exclusive:
Maintaining or permitting to be maintained any pool, pond, ditch, stream or other body of water, or any cistern, privy vault, cesspool, rain barrel or other receptacle containing liquid, or permitting the accumulation of any water or liquid, in which mosquito larva or pupa breed or do exist.
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter in which fly larva or pupa exists or which attracts flies and other insects or wherein they breed.
Constructing, maintaining or using any well, or permitting the use of any well or other supply of water for drinking or household purposes, which is polluted or which is so situated or constructed that it may become polluted.
Polluting or causing or permitting the existence of any condition or conditions which pollute or cause or threaten the pollution of any source of potable waters or any water supply.
Depositing, maintaining or permitting the maintenance or accumulation of any household refuse, wastewater, sewage, garbage, tin cans, offal or excrement; any decaying fruit, vegetable, fish, meat, animal carcass or bones; any oyster or clam shells; or any other matter, material, substance or thing which serves as food for insects or rodents, and to which they may have access, or which serves as or constitutes a breeding place or harborage for insects, rats or other rodents.
Causing or permitting to be created or to exist on any property any foul or obnoxious odors, gases or vapors.
Depositing or storing or permitting the deposit, storage or accumulation on any property of any foul, putrid, corrosive or otherwise obnoxious liquid or substance.
Depositing or storing or permitting the deposit, storage or accumulation on any property of any chemical or other waste; or inflammable, explosive, corrosive or otherwise dangerous liquid material or substance, except in a manner and under such conditions and restrictions as are prescribed by law.
Permitting any garbage, offal, scraps, waste food or other putrescible material to be held in a container which is not watertight, or which is uncovered in any store, factory, or outside of any building or on any public or private property, or in any building of multiple occupancy except in the individual apartment.
The keeping of horses, cows, goats, rabbits, guinea pigs, dogs, cats or other animals under insanitary conditions.
No person shall, within the Township, direct, discharge or otherwise drain or cause or permit the direction, discharge, flow or drainage into any gutter or upon or across any sidewalk, public alley, road, parking area or any other public or private place, of any:
Refuse or wastewater from any sink, stable, toilet, septic tank, cesspool, sewer lateral or sewage disposal unit.
Waste or wash water from any laundry, automobile filling station, garage or car-washing establishment.
Stormwater from a roof leader, cellar drain or sump pump, or from any storm drain, brook, spring, pond, marsh or lowland or from any swimming pool.
No person shall, within the Township, deposit, empty, drain or discharge any gasoline, fuel or lubricating oil or other petroleum product or derivatives, or any solvent, thinner, lacquer, paint, paint remover, varnish, cleaning fluid or other cleansing preparation or anything of a corrosive, explosive or inflammable nature or any effluent containing any of the same into any storm sewer, catch basin, ditch, stormwater drain, gutter, road or other public place.
No person shall, within the Township, burn any substance in any public road, nor burn or permit to be burned any garbage, animal remains or offal, or burn any other substance in such a manner that there is thereby created noxious, nauseating or annoying smoke, fumes or odor.
The creation, existence or continuance of any condition or situation which is a violation of, or contrary to, any of the provisions of this chapter is hereby declared to constitute a nuisance, and the same shall be subject to injunction and abatement in the manner provided by law.
Whenever a nuisance as declared by this chapter 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.
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.
Whenever a nuisance as declared by this chapter 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 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.
If the owner, tenant or occupant 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 in accordance with law.
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 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.
[Amended 3-21-1974 by Board of Health Ord. No. 1-74]
Any person who violates or neglects to comply with any provision of this chapter or notice or order issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $2 nor more than $500 for each violation.