Borough of Palmyra, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Palmyra 5-4-1971 (Ch. 60 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe or unfit buildings — Ch. 86.
Uniform construction codes — Ch. 95.
Housing standards — Ch. 142.
Junkyards — See Ch. 153.
Land development — Ch. 158.
Property maintenance — Ch. 203.
Soil removal — Ch. 226.
Public health nuisances — See Ch. 288.
Retail food establishments — Ch. 292.
This chapter shall apply to:
A. 
The partial or complete razing of a structure, where a permit has been issued solely for demolition purposes or the demolition is included in a building permit for new construction.
B. 
The digging out, displacing or removal of soil, fill or other materials at any site regulated by Chapter 95, Article I, Building Construction, or by Chapter 226, Soil Removal, of the Code of the Borough of Palmyra.
C. 
The condition of dwellings, dwelling units, rooming units and premises located within the Borough of Palmyra as regulated by Chapter 142, Housing Standards, of the Code of the Borough of Palmyra.
D. 
The operation of any landfill, junkyard, commercial establishment or undeveloped land within the Borough of Palmyra as regulated by Chapter 153, Junkyards.
Baiting and the use of rodenticides shall be undertaken within 14 days prior to the commencement of either demolition or excavation in order to exterminate rats and prevent migration to adjacent areas.
[Amended 7-14-1986 by Ord. No. 1986-15]
No demolition, excavation or construction shall begin until the Board of Health for the Borough of Palmyra shall certify, in writing, to the Construction Official that effective measures have been taken to control rodents or that measures to do so are unnecessary.
[Amended 7-14-1986 by Ord. No. 1986-15]
A. 
Where the Board of Health for the Borough of Palmyra certifies that rodent control is not required but subsequently it is determined that infestation does exist, the Board of Health shall notify the owner to undertake immediate rodent control within seven days from the date of the notice. Where the owner fails to comply, the Board of Health shall issue a notice of violation. Such notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, or if a copy thereof is sent by registered mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this state.
B. 
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
C. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Health, provided that such person shall file in the office of the Board of Health a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Board of Health shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Health sustains or modifies such notice, it shall be deemed to be an order.
D. 
Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Board of Health within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
E. 
Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
F. 
Whenever the Board of Health finds that an emergency exists which requires immediate action to protect the public health or safety, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Board of Health, shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Board of Health shall continue such order in effect or modify it or revoke it.
Immediately prior to beginning demolition at any site, all service pipes, conduits and sewer laterals entering the site, whether in use or not, shall be securely capped, using standard pipe plugs of the same material as the pipe.
[Amended 7-14-1986 by Ord. No. 1986-15]
When the Construction Official determines that a structure or a portion thereof is in danger of collapse and so notifies the Board of Health, the requirements for rodent control prior to demolition of the structure may be waived and the permit so noted.
Recommended effective rodenticides and baits are as follows. The Board of Health for the Borough of Palmyra may remove from or supplement this list with any effective rodenticide and/or bait or effective extermination measure.
A. 
Red squill. Red squill used shall be fortified to LD50 (dose which is lethal to 50% of rodents). It shall have a toxicity of 500 mg-kg (milligrams of poison per kilogram of rat body weight). Poison shall be mixed at 10% by weight of bait.
B. 
Zinc phosphide. Zinc phosphide may be used only when a tarter emetic (antimony potassium tartrate) is added. Six ounces of tarter emetic to 16 ounces of zinc phosphide shall be used. Poison shall be mixed at 1% by weight of bait.
C. 
Multiple-dose poisons (cumulative).
(1) 
Anticoagulants. Anticoagulants are classed into two groups:
(a) 
Hydroxycoumarins: Warfarin and coumafuryl (fumarin).
(b) 
Indanediones: Pinedone (pival), diphacione (diphacin) and PMP.
D. 
Baits.
(1) 
All baits for poisons shall be grains or cereals.
(2) 
A binder or attractant may be vegetable oils and/or peanut butter, molasses or anise.
(3) 
All poison baits shall be labeled "poison" when used in either packages, paraffin wax containers or closed bait stations.
(4) 
Anticoagulant poison water may be used if placed in a secure bait station.
A sufficient amount of bait shall be placed in the entire area or structure to obtain complete control and prevent rats from migrating to other areas. All burrows and runways shall be adequately baited.
Safety considerations shall be employed in the selection of rat bait and the placement of such bait so as to minimize hazard to the public, to children, to birds and to animals other than rats.
A. 
In open areas, such as fields or vacant lots, baits shall be placed where birds, pets and children cannot reach them, preferably in rat burrows.
B. 
Rat burrows shall be closed after bait is placed in them.
C. 
Baits shall be placed in secure bait stations. They shall be locked and secured to a stake, tree, etc.
D. 
Open areas shall be posted with warning signs, "Warning - Rat Poison Within Area," to warn persons who normally walk with their pets or allow their children to play in the area.
E. 
Bait shall be placed in rat burrows or in secure bait stations on the inside of structures.
F. 
In secure buildings where children and pets cannot gain entrance, baits placed in labeled open containers are permissible.
G. 
No meat or meat-flavored or fish or fish-flavored baits shall be used.
[Added 7-14-1986 by Ord. No. 1986-15]
The Board of Health is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in any way alter, amend or supersede any of the provisions thereof. The Board of Health shall file a certified copy of all rules and regulations which it may adopt in its office and in the office of the Borough Clerk.
[Added 7-14-1986 by Ord. No. 1986-15]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $200 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.