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.
(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.
B. It shall be unlawful for any person to commit, maintain
or allow any nuisances, as declared and described in this section.
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.
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.
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.
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.
The provisions of this chapter shall be enforced
by the Board of Health or its enforcing official.
[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.