[HISTORY: Adopted by the Board of Health of the Borough of Metuchen 9-26-1966 as Ch. 28 of the 1966 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ENFORCING OFFICIAL
The health officer or other official authorized by the Board of Health to enforce this chapter.
PERSON
An individual, firm, corporation, association, society or partnership and their agents or employees.
[Amended 2-22-1971; 10-28-1976]
A. 
The following matters, things, conditions or acts and each of them is hereby declared to be a nuisance and injurious to the health of the inhabitants of the municipality:
(1) 
Health menaces: any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality.
(2) 
Annoyances and interferences with comfort or general well-being: any matter, thing, condition or act which is or may become an annoyance or which interferes with the comfort or general well-being of the inhabitants of this municipality.
(3) 
Water pollution: pollution, or existence of a condition which causes or threatens 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.
(4) 
Air pollution: 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.
(5) 
Defective chimneys or flues: any chimney, smokestack, pipe or flue or any part thereof or connection thereto that is so defective or out of repair as to allow gas or other fumes to escape into any building and also any illuminating gas pipe or fixture which allows illuminating gas to escape into any building.
(6) 
Ragweed, brush, weeds and other noxious growth: the growth, existence or presence of ragweed, poison ivy, poison oak, brush and weeds of more than 10 inches in height, dead and dying trees, stumps, roots, filth, garbage, trash, other noxious growth or debris on any plot of land, lot, highway, right-of-way or other public or private place. Nothing herein shall preclude the borough or any private organization from maintaining wooded nature areas as public or private parks in accordance with the New Jersey Statutes and law.
(7) 
Attractive nuisances: any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building or on the premises of a building or upon a lot. This includes but is not limited to any structurally unsound fences or structures, lumber, trash, material for building construction or from renovation and razing, fences, debris or vegetation, abandoned or inoperable machinery, appliances, motor vehicles, boats or other transportation devices which may prove a hazard for inquisitive minors.
(8) 
Artificially constructed basins: the existence of any artificially constructed lowland or basin in which collected water may stagnate.
(9) 
Mosquito breeding water: the existence or presence of any water or other liquid in which mosquitoes breed or larvae exist.
(10) 
Accumulations of garbage or manure: 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 exist.
(11) 
Insect or rodent breeding places: 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.
(12) 
Unsanitary conditions: any unclean or unsanitary condition in any cellar, room or building and any imperfect plumbing, sewer appliance or fixture from which may issue any foul or noxious odors or liquids.[1]
[1]
Editor's Note: Former Subsection 23-2(m), dealing with unapproved keeping of animals or fowl, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 200, General Provisions, Board of Health, Art. 1.
(13) 
Spitting: spitting upon the steps, halls, floors or other parts of any public or private building or upon any sidewalk, crosswalk or path in any public highway, park or playground.
(14) 
Abandoned refrigerators: having unused refrigerators on any property without having removed the doors.
(15) 
Unapproved collection or conveyance of offensive matter: the collecting or conveying through, across or along the streets or highways of the borough of any garbage, swill, offal, dead animals or other offensive matter, except in a manner as may be approved by the enforcing official.[2]
[2]
Editor's Note: Former Subsection 28-2(r), dealing with dogs at large, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 200, General Provisions, Board of Health, Art. 1).
B. 
It shall be unlawful for any person to commit, maintain or allow any nuisances, as declared and described in this section.
[Amended 2-22-1971]
A. 
Every dwelling shall have heating facilities which are properly installed, and are maintained in a safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68° F. at a distance of 18 inches above the floor level with 0° F. outside temperature and twenty-mile-per-hour wind.
B. 
No owner or occupant shall install, operate or use an unvented space heater employing a flame or burning solid, liquid or gaseous fuels.
C. 
In dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
D. 
Every owner of a dwelling who permits to be occupied any dwelling unit or rooming unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof shall supply heat adequate so that every unit of dwelling space and every habitable room therein shall be maintained at least at 68° F. whenever the outside temperature falls below 55° F. during daytime hours from 6:00 a.m. to 11:00 p.m. At times other than those specified, interiors of units or dwelling space shall be maintained at least at 55° F. whenever the outside temperatures fall below 40° F.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 200, General Provisions, Board of Health, Art. 1).
E. 
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two dwelling units or rooming units are heated by a common facility.
F. 
The owner shall be responsible for compliance with all provisions of this Code not specified as the responsibility of occupants.
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 if such building does not comply with the State Housing Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 200, General Provisions, Board of Health, Art. 1).
Each building used as a business establishment shall have at least one flush toilet and one lavatory, connected to a portable water supply with proper facilities for discharge, for each 15 employees.[1]
[1]
Editor's Note: Former § 28-5, dealing with prohibited sounds and noises, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 200, General Provisions, Board of Health, Article 1).
A. 
All places and premises in this borough 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 chapter is believed to exist.
Whenever a nuisance, as described and declared by § 225-2, 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.
If the owner, tenant or occupant of any place or premises, upon being notified as provided by § 225-7, 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 such Board shall deem proper.
[Amended 7-26-1971]
A. 
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 described and declared by § 225-2, from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant or occupant of the premises who, after notice and notification as provided by this chapter, shall fail to remove and abate the same within the time specified in such notice.
B. 
Whenever the Board of Health has removed or abated the nuisance, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the borough and such charge shall be due and payable by such owner at the time of payment of such bill.
C. 
When the full amount due the borough is not paid by such owner within 30 days after the abatement of the nuisance, as provided for in §§ 225-6 and 225-7 then, and, in that case, the health officer or other enforcing officer shall cause to be filed in the Tax Collector's office of the borough a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectable as provided by law.
Whenever a nuisance, as described and declared by § 225-2, 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 provided by this chapter in the case of a like condition existing on a private premise or place.
[Amended 2-22-1971; 7-26-1971]
Any person who violates or neglects to comply with any provision of this chapter or any notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not more than $500 nor less than $5 and for failure to pay such fine, confinement to the county jail or workhouse, as provided by law. Each and every day that any violation continues after the service of any notice ordering the abatement of any violation shall be considered a separate and specific violation of this chapter.