[HISTORY: Adopted by the Council sitting
as the Board of Health of the Township of Ewing 2-24-2009 by Ord. No.
09-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unfit dwellings — See Ch. 161.
Noise — See Ch. 240.
Swimming pools — See Ch. 331.
[1]
Editor's Note: This ordinance also repealed
former Ch. 407, Nuisances, Public Health, adopted 11-24-1998 by Ord.
No. 98-13 as Ch. 245 of the 1998 Code.
The purpose of this chapter is to protect and
promote the public health through the control, abatement and prevention
of nuisances of a public health concern. Alleged infractions of the
provisions and standards set forth will be investigated by an enforcing
official in each case presented. Wherever there is a question as to
the significance of an alleged infraction or the factual existence
of an alleged infraction, the prudent judgment of the Health Officer
or other enforcing official will prevail in the determination of a
violation.
As used in this chapter, the following terms
shall have the meanings indicated:
To desert, ignore, and fail to maintain a property in a safe,
habitable condition.
The gathering together and increasing in amount over a period
of time.
The residue from the burning of wood, coal or other combustible
materials.
A potentially harmful object on or condition of the land
that, by its features, tends to lure children or others.
The Board of Health of the Township of Ewing.
As defined in the General Ordinances of Ewing Township.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.
The New Jersey Uniform Construction Code, N.J.A.C. 5:23-1
et seq.
Any activity which is not a residential use or activity.
As defined in the Township Zoning Ordinances[1] and/or any tract of land on which or on part of which
commercial activity of any kind takes place.
A person engaged in any business or service, including construction,
repairing, refurbishing, remodeling or the demolition of buildings
or grounds within the Township.
Any premises on which a structure has been erected or other
improvements have been made.
As specified in the New Jersey Uniform Construction Code,
N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing
Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New Jersey State
Housing Code, N.J.A.C. 5:28-1 et seq., as may be the case.
Include the Health Officer, Registered Environmental Health
Specialist, Animal Control Officer, Zoning Officer, Construction Official,
Fire Official or other official authorized by the Township Board of
Health to enforce this chapter.
Any space located between property boundary lines of the
tax lot in question or the boundaries of any contiguous tax lots and
any structure on the property.
The control and elimination of insects, mice, rats and other
pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food; by poison spraying,
fumigating, and trapping or by any other approved pest elimination
methods.
The structure is maintained in such a manner that there is
no evidence of deterioration, or damaged or loose elements, and, where
appropriate, is capable of preventing the elements (rain, snow, wind)
and rodents from entering the interior areas.
Wastes presenting a danger to health and safety by reason
of their pathological, explosive, radiological or toxic characteristics.
The presence within, or contiguous to, a structure or premises
of insects, mice, rats, vermin or other pests in quantities large
enough to constitute a health threat.
Those insects that have public health significance for disease
transmission and property damage, such as cockroaches, ticks, mosquitoes,
lice, bedbugs and termites, etc.
Defined by the Noise Control Act or N.J.S.A. 13:1G, Noise
Control Regulation N.J.A.C. 7:29, and the Ewing Township Noise Ordinance[2] and/or any prohibitive activities in this chapter.
Any type of commercial, industrial or similar activity, whether
or not operating for a profit, occupying premises within the Township
and creating solid waste in any form.
Any plant designated by a federal, state or county government
as injurious to public health, agriculture, recreation, wildlife or
property. A noxious weed may be native or nonnative, invasive or noninvasive
and may also be commonly defined as a plant that grows out of place
and is competitive, persistent, and pernicious. Examples include but
are not limited to ragweed, poison ivy or oak, thistle, and multiflora
rose.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the
case.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq.; New Jersey Uniform
Fire Code, N.J.A.C. 5:70 et seq., as may be the case.
Includes an individual, firm, corporation, association, society,
partnership, and their agents or employees.
A house or building, together with its land and outbuildings.
Any matters, conditions or things that cause worry, solicitude,
or anxiety for the health, safety and welfare of the public due to
their dangerous or unsanitary nature.
A room equipped with toilet facilities intended for public
use in all public facilities and in establishments where commercial
activity takes place.
Any person occupying or maintaining a place of residence
within the Township.
A dwelling unit, such as a home, condominium, trailer or
a multifamily dwelling of two or more units.
Those rodents that have public health significance for disease
transmission and property damage, such as mice, rats, bats and other
burrowing rodents, etc.
Any trash, garbage, junk, rubbish, refuse, litter, debris
and other materials that, when dumped, deposited, accumulated or abandoned,
create conditions of public health concern. This term shall include
any animal or vegetable waste solids resulting from the handling,
preparation, cooking or consumption of foods; discarded material such
as glass, wood, yard debris, grass/brush clippings, stone, concrete,
plastic, ashes, cloth, rags, paper, metal, tires, street cleanings,
dead animals, manure, appliances, furniture, equipment, automobiles,
solid market wastes, construction materials, industrial wastes, chemical
wastes, recyclable materials and containers, and all discarded appliances.
The Township of Ewing, County of Mercer, and State of New
Jersey.
Properly stored, are nonperishable materials stored for new
construction or other items intended to be used within 30 days and
are stored off the ground and maintained in such a matter that they
do not provide habitat for insects or rodents.
The runoff, discharge or drainage of water from any premises
or building which results in the accumulation of stagnant water. This
definition shall not apply to water retention or detention areas and/or
reservoirs approved by the Township Engineer.
The growth, existence or presence of any noxious weeds of
any height, or the growth, existence or presence of any other weeds
or plant growth in excess of six inches. "Weeds" shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers, landscaped areas and gardens.
[Amended 10-16-2018 by Ord. No. 18-27]
A.
Any matter, thing, condition or act which, after investigation
by the Health Officer or other enforcing official, is deemed to be
injurious, detrimental or a menace to the public health or environment
or is deemed to be an annoyance or to interfere with the comfort or
wellbeing of the inhabitants of the Township is hereby declared to
be a nuisance and shall include but not be limited to the following:
(1)
Pollution or the existence of a condition or discharge
or release which causes or threatens pollution of any surface water
or subsurface water of the Township.
(2)
The escape or entrance into open air/outdoor environment
from any stack, vent, chimney, process or from any fire such quantities
and duration of smoke, fly ash, dust, fumes, vapors, mists, or gases
that tend to be injurious to human health or welfare, animal or plant
life or property, or would unreasonably interfere with the enjoyment
of life or property throughout the Township.
(3)
The growth, existence or presence of ragweed of six inches in height
or greater, or in such a quantity so as to cause damage or injury
to adjacent properties or be a public health concern, on any plot
of land, lot, highway, street, sidewalk, right-of-way or any other
public or private place within 200 feet of an occupied dwelling.
[Amended 10-16-2018 by Ord. No. 18-27]
(4)
The growth, existence or presence of poison ivy, of six inches in
height or greater, or in such a quantity so as to cause damage or
injury to adjacent properties or, or be a public health concern, within
20 feet of an adjoining property line of an occupied residential or
commercial property, sidewalk or right-of-way.
[Amended 10-16-2018 by Ord. No. 18-27]
(5)
The growth, existence or presence of any weeds or noxious weeds,
of six inches in height or greater, or in such a quantity so as to
cause damage or injury to adjacent properties or be a public health
concern, on any residential or commercial property, with the exception
of state, county or local designated conservation areas or other restricted
use areas.
[Amended 10-16-2018 by Ord. No. 18-27]
(6)
All residential and commercial lawn areas are to be maintained and
mowed and may not exceed six inches in height. Areas allowed to return
to natural conditions must be approved by the Health Department as
provided herein.
[Amended 7-14-2015 by Ord. No. 15-20; 10-16-2018 by Ord. No. 18-27]
(7)
The existence or presence of dead and dying trees
or limbs on any land within 50 feet of an adjoining dwelling or within
20 feet of an adjoining residential property line.
(8)
Any dead or dying tree that harbors insects or rodents.
(9)
The presence on any plot of land, highway, street,
right-of-way or any other public or private place of any solid waste,
but excluding usable materials properly stored. The practice of composting
shall not fall within the meaning of this subsection, provided that
such compost pile, mound or area is maintained on one's own private
property and is properly maintained so as not to present offensive
odors, the breeding or harborage of flies or other insects, rodents,
vermin or any other public health nuisance.
(10)
Depositing, dumping, accumulating, maintaining
or otherwise allowing 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, rodents
or pigeons of a public health significance in or on any land, premises,
building or other place.
(11)
The existence or presence of any accumulation
of solid waste which may attract insects, rodents or other vermin
and to which insects, rodents or other vermin may have access, or
in which they may breed or dwell.
(12)
The existence or presence of any water or other
liquid in which mosquito eggs, larvae or pupae exist or of any condition
which allows water to lie, pond, stand or otherwise accumulate so
as to provide a breeding environment for mosquitoes. The meaning of
this subsection shall not apply to ponds where fish are adequately
maintained so as to preclude the breeding of mosquitoes. This section
shall not apply to fountains or swimming pools which maintain adequate
circulation to preclude the breeding of mosquitoes.
(13)
The keeping of any animal or animals in such
a manner as to cause or present a source of foulness, odors or breeding
of insects, rodents or other vermin.
(14)
The existence or maintenance of any condition
which may reasonably constitute a safety hazard, an attractive nuisance
or otherwise present a threat to the safety and well-being of the
inhabitants of the Township or of the public at large, including but
not limited to the following:
(a)
Any vacant building which is not adequately
sealed, boarded up or otherwise secured so as to preclude the entry
of inquisitive minors or others.
(b)
Any excavation, depression, hole, shaft, abandoned
or unused well which is of such depth or dimension so as to present
a hazard in terms of one falling into or being entrapped therein and
which has not been adequately fenced or sealed so as to prevent injury
or harm.
(c)
Any discarded refrigerator, cabinet, automobile
or other piece of equipment, machinery, device or material which may
offer or present an enclosure and a hazardous attraction to children
or others which has not been properly sealed or discarded.
(d)
Any dead or dying trees or limbs in such proximity
to a dwelling, building, street, sidewalk, pathway, right-of-way,
thoroughfare, driveway, park, playground or other frequented area
where the falling of the tree or part thereof would endanger life
or threaten injury or damage property.
(15)
The willful abandonment of any domestic animal
within the boundaries of the Township.
(16)
Accumulation and storage of solid waste on any
private or commercial property, unless properly contained or stacked
for disposal, for 10 days or more.
(17)
Placement of solid wastes at curb for more than
one day prior to the scheduled pick-up date. All items must be removed
after the day of collection if not collected for any reason.
(18)
Any sidewalk, walkway, driveway, parking spaces
or similar area containing cracks, potholes, or other defect which
creates a hazardous condition or which is obstructed by plant growth
or other natural or artificial barrier.
(19)
The runoff, sump pump discharge or drainage
of water from any premises or building which results in the accumulation
of ice, stagnant water or discharges on public roadways or onto an
adjoining property in an uncontrolled (via pipe or swale) manner without
permission of adjoining property owner or Township if a public roadway.
This subsection shall not apply to water detention/retention areas
approved by the Township when properly maintained and cleaned of silt
and debris.
(20)
Public restrooms shall be kept in good repair;
all surfaces of fixtures, walls and floors are to be cleaned on a
regular schedule and must be provided with running hot and cold water
of adequate pressure per the Plumbing Code. A supply of toilet paper,
soap and hand drying supplies or equipment shall be provided at all
times. Hand washing signs shall be posted.
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.
Whenever cultivated farm land is no longer actively
farmed, said lands are to be stabilized with appropriate vegetation,
pre-emergent weed control or mowed to prevent wildlife harborage and
nuisance weed problems for both adjoining residential lot owners and
farmers, resulting in a public health nuisance.
B.
In residential lots of two acres or greater, the owner,
tenant or occupant of lands may make an application to the Health
Department to allow land to revert back to its natural condition,
but in such a manner that will not allow for the establishment of
noxious weeds or rodent harborage. Reforesting with one-point-five-
to two-inch diameter or larger assorted pines and hardwood trees is
recommended. Wildflower areas are to be maintained and mowed annually.
C.
The application will require submission of a survey
of the subject land.
D.
The plan must be consistent with recommendations of
the Horticulturist from Rutgers Cooperative Research and Extension
of Mercer County.
A.
It shall be unlawful for the owner of any building
to allow occupancy as a residence which is not in compliance the New
Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.; Regulations
for the Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1
et seq.; Regulations Governing Rooming and Boarding Houses, N.J.A.C.
5:27-1 et seq.; New Jersey State Housing Code, N.J.A.C. 5:28-1 et
seq., as may be the case.
B.
It shall be unlawful for the owner of any building
to allow occupancy as a business, commercial or industrial establishment
which is not in compliance with the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq. and/or where the New Jersey Department
of Labor and Industry or the United States Occupational Safety and
Health Act provides otherwise.
A.
All places and premises in this Township shall be
subject to inspection by the Health Officer or other enforcing official
if 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 Health Officer or other enforcing official,
upon presentation of identification, from having full access to any
place or premises upon which a violation of this code is believed
to exist. In the event that entry to any place or premises is denied
by any owner or tenant, the enforcing official shall obtain the appropriate
warrant for entry through the Municipal Court.
A.
Whenever a nuisance pursuant to § 407-3 is found, a violation notice shall be given to the owner and tenant/occupant, if applicable, in writing, by personal delivery or by certified and regular mail, to remove or abate the same within such time as shall be specified therein but not less than three days from the date of service thereof. Notwithstanding the foregoing, whenever a nuisance is declared pursuant to § 407-3A(6) for failure to maintain a commercial or residential lawn, the Township may require removal or abatement within three days from the date of receipt of service thereof. Notice to the owner and tenant/occupant of the violation and the time to abate shall be deemed complete as of the date of the violation notice if served personally on the property owner. Notice to the owner of the violation and the time to abate shall be deemed complete three days after the date on the violation notice, if served by certified and regular first-class mail.
[Amended 7-14-2015 by Ord. No. 15-20; 10-16-2018 by Ord. No. 18-27]
B.
Whenever a nuisance as declared pursuant to § 407-3 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 to remove or abate the same within such time as shall be specified therein.
C.
The cost of abatement shall be borne by the property
owner.
D.
If such person fails to comply with such notice within
the time specified therein, the Health Officer or other enforcing
official may remove, abate or cause the clean up of the nuisance in
the manner as hereinafter provided.
Whenever the owner, tenant or occupant notified
has not complied with the notice as specified and the nuisance has
not been abated or removed under the direction of the Health Officer
or other enforcing official, any cost or expense incurred for abating
or removing, or causing to be abated or removed the nuisance or condition,
may be recovered in the following manner:
A.
Such costs and expenses shall be certified to the
Tax Assessor and shall become part of the taxes next assessed against
the premises upon which the nuisance or condition was located.
B.
Where it is not possible or practical to proceed under Subsection A the cost or expense shall be recovered in an action at law in any court of competent jurisdiction.
C.
Regardless of how costs are actually recovered, they
shall be in addition to and shall not affect the imposition of any
penalties for the violation of this chapter.
The provisions of this chapter shall be enforced
by the Health Officer or other enforcing officials as defined herein.
Enforcement shall be in the Municipal Court having jurisdiction over
proceedings to enforce and collect any penalty imposed because of
a violation of any provision of this chapter. The proceedings shall
be summary and in accordance with the Penalty Enforcement Law (N.J.S.A.
2A:58-10 et seq.). Process shall be in the nature of a summons or
warrant and shall be issued by those authorized by the local Board
of Health.
A.
Any person who shall violate any provision of this
chapter shall, upon conviction thereof, be punishable by one or more
of the following: a fine not exceeding $2,000 or imprisonment for
a period not exceeding 90 days or a period of community service not
exceeding 90 days at the discretion of the Judge of the Municipal
Court.
B.
Except as otherwise provided, every day in which a
violation of any provision of this chapter exists shall constitute
a separate violation.
C.
All fees and penalties collected under any provision
of any chapter adopted by the Board of Health shall be payable to
the Treasurer of Ewing Township.
