[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 9-7-1994 by Ord. No. R-77. Amendments noted where applicable.]
GENERAL REFERENCES
Health/Sanitary Code — See Ch. 115.
As used in this chapter, the following terms shall have the
meanings indicated:
The Hoboken Board of Health.
[Added 8-14-1996 by Ord. No. R-196]
The City of Hoboken.
The Health Department, including Health Officer, Registered
Environmental Health Specialist and Public Health Nuisance Investigator;
Environmental Services Department, including Supervisors and Sanitation
Inspectors; Hoboken Housing Inspectors; Construction Code Inspectors;
Taxi and Limousine Inspectors; Zoning Officer; Hoboken Police Department;
and Fire Prevention Inspectors.
[Added 5-16-2012 by Ord. No. Z-178; amended 10-17-2018 by Ord. No. B-76]
Animal and vegetable wastes liable to decay resulting from
the handling, preparation, cooking and consumption of food.
[Added 10-17-2018 by Ord.
No. B-76]
Any writing, drawing, or marking scribbled, scratched or
painted illicitly on a wall or other surface that defaces the property
or object on which it appears, often within public view.
[Added 12-20-2017 by Ord.
No. Z-535]
The legally designated Health Officer of the City of Hoboken.
Garbage, cigarette litter, refuse and rubbish, as defined
herein, and all other waste material which, if thrown or deposited
as herein prohibited, tends to create a danger to public health, safety
and welfare.
[Added 10-17-2018 by Ord.
No. B-76]
Any person, premises, condition, thing or act, that may be a detriment, injurious, a menace, hazard or annoyance to the inhabitants of this City and the general public. Nuisances include but are not limited to those examples set forth in § 136-2 hereof.
[Amended 8-14-1996 by Ord. No. R-196]
Any directive of the Health Officer.
Any person who, alone or jointly or severally with others:
Shall have legal title to any building, structure, or unit,
with or without accompanying actual possession thereof; or
Shall have charge, care or control of any building, structure,
or unit, as owner or agent of the owner or as executor, executrix,
administrator, administratrix, receiver, trustee or guardian of the
estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this chapter
and of rules and regulations adopted pursuant thereto to the same
extent as if he were the owner.
[Added 8-14-1996 by Ord. No. R-196]
A permit or license shall be construed to mean the permission
in writing of the Health Officer in accordance with the provisions
of the laws and ordinances within the scope of his jurisdiction.
[Added 8-14-1996 by Ord. No. R-196]
Includes any individual, firm, corporation, association or
partnership, company or organization of any kind, their agents and
employees.
[Amended 8-14-1996 by Ord. No. R-196]
Any dwelling, house, building, or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox, belonging or appurtenant to such dwelling, house,
building or other structure.
[Added 10-17-2018 by Ord.
No. B-76]
Any and all streets, public rights-of-way, gutters, sewers,
sidewalks, boulevards, alleys or other public ways and any and all
public parks, squares, spaces, grounds and buildings.
[Added 10-17-2018 by Ord.
No. B-76]
Shall include, but not be limited to: any tavern, roadhouse,
hotel, motel, trailer camp, summer camp, day camp, or resort camp,
whether for entertainment of transient guests or accommodation of
those seeking health, recreation, or rest; any producer, manufacturer,
wholesaler, distributor, retail shop, store, establishment, or concession
dealing with goods or services of any kind; any restaurant, eating
house, or place where food is sold for consumption on the premises;
any place maintained for the sale of ice cream, ice and fruit preparations
or their derivatives, soda water or confections, or where any beverages
of any kind are retailed for consumption on the premises; any garage,
any public conveyance operated on land or water or in the air or any
stations and terminals thereof; any bathhouse, boardwalk, or seashore
accommodation; any auditorium, meeting place, or hall; any theater,
motion-picture house, music hall, roof garden, skating rink, swimming
pool, amusement and recreation park, fair, bowling alley, gymnasium,
shooting gallery, billiard and pool parlor, or other place of amusement;
any comfort station; any dispensary, clinic, or hospital; any public
library; and any kindergarten, primary and secondary school, trade
or business school, high school, academy, college and university,
or any educational institution under the supervision of the State
Board of Education or the Commissioner of Education of the State of
New Jersey.
[Added 10-17-2018 by Ord.
No. B-76]
All solid waste (except body waste), including garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, furniture,
refrigerators, appliances, building material and solid market and
industrial wastes.
[Added 8-14-1996 by Ord. No. R-196; amended 10-17-2018 by Ord. No. B-76]
Legal representative of a property management company, as fully defined and delineated in § 168-29.
[Added 10-17-2018 by Ord.
No. B-76]
Solid wastes not liable to decay, consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cardboard, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
[Added 10-17-2018 by Ord.
No. B-76]
[1]
Editor's Note: The former definition of "authorized agent,"
which immediately preceded this definition, was repealed 5-16-2012
by Ord. No. Z-178.
[Amended 8-14-1996 by Ord. No. R-196; 5-16-2012 by Ord. No. Z-178]
A.
The following matter, things, conditions or acts are hereby declared
to be a nuisance and injurious to the health and safety of the inhabitants
of the City of Hoboken, and are therefore prohibited, in accordance
with the below rules and regulations:
[Amended 8-6-2014 by Ord.
No. Z-303; 12-20-2017 by Ord. No. Z-535; 10-17-2018 by Ord. No. B-76]
(1)
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. Any
container maintained for the short-term collection of refuse, recycling,
composting or rainwater must have a properly fitting lid, be access-resistant
to insects and rodents and must be maintained in good working order
at all times and must be kept in a clean and sanitary way.
(2)
Burying, depositing, maintaining or permitting to be maintained or
to accumulate upon any private premises any wastewater, sewage, garbage,
refuse, offal or excrement; any dead animals; or any foul, putrid
or noxious substance; and:
(a)
Placing, depositing or accumulating refuse upon or within any private premises, except in plastic bags or refuse containers in accordance with Chapter 110 (Garbage, Rubbish and Litter).
(b)
Throwing or depositing litter on any occupied private premises
within the City, whether owned by such person or not, except that
the owner or person in control of private premises may maintain authorized
private receptacles for collection in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private premises.
(c)
Failing to provide a fence around vacant private premises.
(3)
Allowing or suffering to allow any waste container in which garbage, offal, scraps, food waste and any other material liable to decay, or recyclable material, is held in or upon any premises which is not watertight, tightly covered and so kept at all times in accordance with Chapter 110 (Garbage, Rubbish and Litter). Containers designed for the specific purpose of composting are permitted, provided they are of a closed type with an airtight lid and catch basin for collection of compost tea.
[Amended 8-3-2023 by Ord. No. B-588]
(4)
Pollution or the existence of a condition or conditions which cause
or threaten pollution of any water, including stormwater, in such
a manner as to cause or threaten injury to any inhabitants of this
municipality either in their health, comfort or property.
(5)
The existence or presence of any open standing water or other liquid
in which mosquito eggs, larvae or pupae may breed or exist. This regulation
does not prohibit the use of covered, enclosed and properly maintained
rain barrels.
(6)
The escape of such quantities of smoke, fly ash, dust, fumes, vapors,
mist or gas into the open air from any stack, vent, chimney or any
entrance or from any nonaccidental fire as to cause injury, respiratory
distress, watering of eyes or other physical malady to persons or
damage to property.
(7)
The use of property, substances or things within the City emitting
or causing any foul, offensive, noisome, nauseous, noxious or disagreeable
odors, effluvia or stenches, repulsive to the physical senses, which
annoy, discomfort, injure or inconvenience the health of persons within
the municipality.
(8)
Allowing any building to be occupied as a tenement house, apartment
house, dwelling house, rooming house, factory building or food establishment,
without a plentiful supply of potable water suitable for domestic
or personal requirements, by any person who is responsible for such
provision, by reason of ownership, possession or agreement, or in
which the water supply has been turned off for any reason except to
repair faulty plumbing.
(9)
Failing to make and maintain any dwelling or dwelling unit, rooming
house, property or place of business reasonably vermin proof and rodent
proof, including allowing rat holes, burrows, or other evidence of
infestation, and exterminate the same. Within seven days of extermination,
the property owner or property manager shall cause all of the rat
holes or burrows to be filled with earth or other suitable material.
[Amended 9-20-2023 by Ord. No. B-603]
(10)
Allowing or suffering to allow the occupancy of any structure, dwelling or place of business that does not meet the minimum health, safety and habitability standards set forth in the Municipal Code, including but not limited to Chapter 80, Buildings and Dwellings, Dangerous or Unfit, Chapter 95, Dwellings; Minimum Standards, Chapter 115, Health/Sanitary Code, Chapter 116, Heating of Buildings, and Chapter 120, Maintenance of Hotels and Multiple Dwellings, and all applicable firesafety and construction codes as established by the State of New Jersey.
(11)
The placing of any household, commercial or industrial waste
or refuse, or construction or demolition materials, into City litter
receptacles.
(12)
The dissipation into the air of dirt, debris, dust or materials
from any construction site or any public or private place where such
materials are stored.
(13)
Failing to keep the rain leaders, gutters, sewers and drains
of any structure, dwelling or place of business in good working order
and in a state of sound repair, and failing to keep contents thereof
from flowing onto or into adjacent premises or property.
(14)
Allowing litter, refuse, or garbage in or upon any public place,
as follows:
(a)
Allowing the accumulation of refuse upon the sidewalks adjacent
to private premises, which shall be the responsibility of the owner
of the private premises.
(b)
Placing refuse in any public place, except in City litter receptacles or in plastic bags or refuse containers for collection in accordance with Chapter 110 (Garbage, Rubbish and Litter).
[Amended 8-3-2023 by Ord. No. B-588]
(c)
Discarding or throwing of any food product or waste in any public
place or private premises.
(d)
Placing of food for animal consumption in any public place.
(e)
Sweeping into or depositing in any public place the accumulation
of litter from any building or lot or from any public place or private
premises.
(f)
Throwing or depositing litter in any public place, except in
public receptacles or in authorized private receptacles for collection.
(g)
Placing any litter in any public place for collection unless
such litter is securely wrapped or deposited in properly covered private
receptacles in such a manner as to prevent it from being carried or
deposited by the elements upon any public place.
(h)
Throwing in or upon any public place any ashes, cinders, glass,
crockery, wire, tacks, nails or metal or other substance of any nature
likely to cause injury to pedestrians or vehicles.
(i)
Permitting the contents of any vehicle to be scattered onto
any public place.
(15)
Allowing the growth or accumulation of weeds and other vegetation
upon private premises or in any public place, which shall be the responsibility
of the owner of the property, or for such accumulation on sidewalks,
the owner of the adjacent private premises, where the growth or accumulation:
(a)
Exceeds six inches in height, except for healthy specimen trees,
ornamental grasses, shrubs or plants grown in a tended and cultivated
garden.
(b)
Regardless of height, harbors, conceals or invites deposits
or accumulations of refuse, trash or animal wastes.
(c)
Harbors or may harbor rodents, insects or other vermin.
(d)
Gives off unpleasant or noxious odors.
(e)
Constitutes a fire or traffic hazard.
(f)
Has grown to tree height.
(16)
Trees that are damaged or dead to the extent that a falling
limb or tree part could cause injury or property damage, which shall
be the responsibility of the owner of the property, or for such accumulation
on sidewalks, the owner of the adjacent private premises.
(17)
The growth, existence or presence of ragweed on any plot of
land, lot, street, highway, right-of-way or any other public place
or private premises.
(18)
The growth, existence or presence of poison ivy on any property,
public place or private premises.
(19)
All wires, ropes or lines over any public place which are not
authorized or permitted by the City or which are strung so that the
lowest portion is less than 15 feet above the surface of the ground.
(20)
Idling of commercial vehicles for more than three minutes in
any district or by any vehicle, commercial, public or private, for
any amount of time in a posted school zone.
(21)
Spitting upon any public sidewalk or crossing or upon the floor
or any part of a building or public conveyance.
(22)
The keeping of any animal or animals under unsanitary conditions.
(23)
The continuous barking or crying of dogs, birds or other animals.
(24)
No person shall keep or harbor any livestock or unlawful wildlife
unless specifically licensed to do so from by the Health Officer or
pursuant to law.
(25)
No
self-storage facility within the boundaries of the City of Hoboken
shall be open to its clients or the public for any loading or unloading
to or from the building between the hours of 9:00 p.m. and 6:00 a.m.
on any day of the week. For purposes of subsection, "self-storage
facility" shall mean a facility in which storage space (such as rooms,
lockers, containers, and/or outdoor space) is rented to tenants, usually
on a short-term basis (often month to month).
[Added 8-6-2014 by Ord.
No. Z-303[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
A(25) as Subsection A(26).
(26)
Any other matter, thing, condition or act which is or may become
injurious, detrimental, a menace or endanger the health of the inhabitants
of this municipality.
(27)
The existence or presence of graffiti on any property, public
place or private premises.
(28)
Throwing, casting, or distributing any handbill, circular, sticker,
card or other advertising matter whatsoever, in or upon any street
or public place, or in a front yard or in any vehicle or in the vestibule
or hall of any building or in any place from which such matter may
be blown by the wind onto a street or public place, or place on any
pole or public sign any advertising matter unauthorized by the owner
of said pole or public sign.
(29)
Distributing or offering for sale in any street or public place
or store adjacent thereto any fruit, vegetables, water, ice, ice cream,
candy, hot dogs, hamburgers or similar food product without providing,
in a conspicuous place nearby, a receptacle for all used containers,
wrappers and other waste materials and failing to dispose of said
receptacle and its waste contents prior to the close of business for
the day.
(30)
Knowingly, carelessly, or negligently permitting any dog to
commit any nuisance upon any sidewalk or any public place or place
of public accommodation; omitting to do any reasonable and proper
act or to take any reasonable and proper precaution to prevent any
such dog from committing any such nuisance in or upon any of the places
or premises herein specified.
(31)
Depositing or dumping any earth, dirt, rock, rubbish or other
article contrary to the provisions of this chapter, upon any public
place in the City.
(32)
Leaving or abandoning any shopping cart upon the sidewalks,
streets or roadways of the City.
(33)
Burning any litter in any open place, whether public place or
private premises, or in any outside receptacle, incinerator or outdoor
fireplace.
(34)
Failing to properly dispose of newspapers, boxes, carton and
crates, which should be collapsed and securely tied in bundles not
to exceed two feet in length, height and width and kept separate from
other refuse.
(35)
Failing to keep the sidewalks, air shafts, areaways, backyards,
courts, alleys, flagging and curbstone abutting private premises free
from obstruction and nuisances of every kind, including garbage, refuse,
rubbish, litter and other offensive material, including between the
curbstone abutting the private premises and the roadway area extending
1 1/2 feet (18 inches) from the curbstone into the street on
which the building or premises fronts.
(36)
Leaving/parking an electric scooter or permitting an electric
scooter to be left or parked in a public right-of-way in the middle
of the sidewalk and/or leaving/parking an electric scooter or allowing
an electric scooter to be left/parked on the street or sidewalk in
a manner that is hazardous to pedestrians. This subsection shall apply
to both users of electric scooters and electric scooter operators
within the City of Hoboken. Tickets may be simultaneously issued to
both users and operators for the same offense.
[Added 12-4-2019 by Ord.
No. B-201]
(37)
Allowing
water to be directed/discharged from private property into the public
right-of-way and onto/across the sidewalk and/or street on an ongoing
basis. This section shall be enforced by the Hoboken Construction
Official. Violators will be first issued a notice and advisement of
this section. If upon inspection there is a second violation, a final
notice will issue. If a third violation is observed, the property
owner will be provided 15 days to cure the defective condition. Failure
to comply will result in penalties, accrued each week the violation
persists, in an amount up to $250 per week.
[Added 2-2-2022 by Ord. No. B-436]
(38)
No person shall feed birds, rodents or any other nondomesticated
wildlife on public streets, sidewalks, parks and/or public places.
[Added 6-1-2022 by Ord.
No. B-465
(39)
Knowingly
permitting any plant pest to exist, which shall be the responsibility
of the owner of the property, or for such accumulation on sidewalks,
the owner of the adjacent private premises.
[Added 11-2-2022 by Ord. No. B-500]
B.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance as declared and described in this section.
C.
Each prohibited act shall constitute a separate violation.
[Added 10-17-2018 by Ord.
No. B-76[1]]
A.
Purpose. It is determined that certain types of the bamboo plant
are invasive and often difficult to control, and can cause significant
damage to property. The purpose of this section is to preserve and
protect public places and private premises in the City of Hoboken
from the damaging spread of bamboo, to protect indigenous and other
plant materials from the invasive spread of bamboo, and to maintain
the general welfare of the residents of the City of Hoboken.
B.
Prohibition. No owner, tenant or occupant of a property, or person,
corporation or other entity, shall plant, install or cause or permit
the planting or installation of plant species commonly known as running
(monopodial) bamboo or clumping (sympodial) bamboo upon any property
located within the City of Hoboken. This prohibition shall include
but is not limited to the following plant genera:
C.
Duty to confine. In the event any species commonly known as running
bamboo or clumping bamboo is located upon any property within the
City of Hoboken, prior to the effective date of this prohibition,
the owner and occupant of said property shall jointly and severally
be required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other private premises or public
place.
(1)
In lieu of confining the species, the property owner or occupant
may elect to totally remove the bamboo from the property and all affected
properties.
(2)
Failure to properly confine such bamboo shall require removal as
set forth below. The cost of said removal shall be at the bamboo property
owner's expense.
(3)
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the City Inspector that
the bamboo which is on his/her property at the time of the adoption
of this section originated on another property.
D.
Removal.
(1)
In the event running bamboo or clumping bamboo is present on the
effective date of this prohibition and a complaint is received by
the City regarding an encroachment of any bamboo plant or root, and
the City Inspector, after observation and/or inspection, determines
that there is an encroachment or invasion on any adjoining/neighboring
private premises or public place (hereinafter, "the affected property"),
the City shall serve notice to the bamboo property owner in writing
that the bamboo has invaded other private premises or public places
and demand the removal of the bamboo from the affected property, and
demand approved confinement against future encroachment or, in the
alternative, the total removal from the bamboo property owner's property.
Notice shall be provided to the bamboo property owner, as well as
to the owner of the affected property, by certified, return-receipt-requested
mail and regular mail. Within 45 days of receipt of such notice, the
bamboo property owner shall submit to the City Inspector, with a copy
to the owner of the affected property, a plan for the removal of the
bamboo from the affected property, which plan shall include restoration
of the affected property after removal of the bamboo. Within 120 days
of receipt of approval of the plan of removal and restoration, the
removal and restoration shall be completed to the satisfaction of
the City.
(2)
If the bamboo property owner does not accomplish the removal of the
bamboo from such other private premises or public place in accordance
herewith, the City Inspector shall cause a citation to be issued and
penalties to be imposed in accordance with N.J.S.A. 40:49-5 (Penalties
for violating ordinances) for each day the violation continues, enforceable
through the Municipal Court of the City of Hoboken. The City may also
institute civil proceedings for injunctive or civil relief.
(3)
Nothing herein shall be interpreted as limiting the rights of an
owner of private premises to seek civil relief through a court of
proper jurisdiction, nor the institution of civil proceedings against
the proper parties.
E.
Replanting prohibited. Any running bamboo or clumping bamboo either
planted or caused to be planted or existing on the effective date
of this regulation may not be replanted or replaced once such bamboo
is or has become dead, destroyed, uprooted, or otherwise removed.
[Added 11-2-2022 by Ord. No. B-500[1]]
A.
Purpose.
The spotted lanternfly, Lycorma delicatula, is a
dangerous plant pest to forests, ornamental trees, orchards and grapes
and is not native to New Jersey or the United States. The spotted
lanternfly has been determined by the New Jersey Department of Agriculture
to be dangerous and destructive to the agricultural industries, environmental
resources, and residential areas of New Jersey, and is therefore considered
a public nuisance. The purpose of this section is to preserve and
protect public places and private premises in the City of Hoboken
from the damaging spread of the spotted lanternfly, to protect indigenous
and other plant materials from the invasive spread of the spotted
lanternfly, to maintain the general welfare of the residents of the
City of Hoboken, and to minimize further economic damage to the lumber,
viticulture, nursery, and tourism industries in New Jersey.
B.
Prohibition.
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall knowingly permit any plant pest so declared
to exist upon any property located within the City of Hoboken, or
to sell, offer for sale, give away or move any plants, plant products
or other material capable of harboring the pest.
C.
Duty to
control. The property owner shall be responsible for controlling or
eliminating any life stage of the plant pest Lycorma delicatula (spotted lanternfly) on the property, or for such accumulation on
sidewalks, the owner of the adjacent private premises.
D.
Control
procedures.
(1)
Control
procedures may include pesticide application, or removal of Ailanthus altissima trees, or any combination thereof, to
reduce the available host of the spotted lanternfly and to decrease
the population of the spotted lanternfly.
(2)
All
control procedures will conform with methods approved by the Department,
in addition to all applicable federal, state, and municipal laws and
ordinances.
(3)
Control
work may be done by the property owner or by a contractor hired by
the property owner. Where a contractor is hired, the contractor shall
be fully insured and properly licensed in New Jersey as applicable,
including but not limited to pesticide applicator licensing, licensed
tree care operator, and/or licensed tree expert.
(4)
At
the discretion of the Director of Environmental Services or their
designee, and subject to availability of the necessary resources,
the Department may request and the property owner may consent to the
City of Hoboken and/or the Hudson Regional Health Commission carrying
out the necessary control measures on the owner's property.
E.
Continuing
obligation. The obligation of the property owner to control the plant
pest spotted lanternfly (Lycorma delicatula) shall
continue so long as the plant pest spotted lanternfly (Lycorma
delicatula) exists on the property.
[Amended 8-14-1996 by Ord. No. R-196; 10-17-2018 by Ord. No. B-76]
The Health Officer and the Director of Environmental Services,
at his or her discretion, is hereby empowered to promulgate rules
and orders to prevent what is or what may become injurious, a detriment,
a menace, a nuisance, an annoyance, or anything that interferes with
the comfort, repose, health or general well-being of the inhabitants
of this municipality or general public as it applies to the above
nuisances. Such rule or order shall be effective immediately and shall
supersede any permit, rule or agreement, both public or private. Any
person or agency, whether public or private, who receives such order
shall comply with all aspects of said order or rule immediately. Any
person who refuses or neglects to comply with such rule or order of
the Health Officer shall face penalties prescribed in this chapter.
[Amended 10-17-2018 by Ord. No. B-76[1]]
A.
Any directors of the enforcement agencies or their authorized agents
are hereby authorized to make inspections of any dwelling, structure,
or building, whether commercial or private, or any outside area or
place, in order that such director may perform his or her duty of
safeguarding the health and safety of the inhabitants of this municipality
or general public. These individuals shall be empowered to inspect,
examine, survey, photograph, lawfully test and acquire evidence from
any dwelling, structure, or building, whether commercial or private,
or any outside area or place, for the purpose of meeting the requirements
of this section.
B.
It shall be unlawful to hinder, obstruct, delay, resist or prevent
a representative of the enforcement agencies from having full access
to any place or premises upon which a violation of this chapter is
believed to exist.
[1]
Editor’s Note: This ordinance also repealed former § 136-6,
Summary of abatement of nuisance by Health Officer.
[1]
Editor’s Note: Former § 136-7, Enforcement,
was repealed 10-17-2018 by Ord. No. B-76.
[Amended 8-14-1996 by Ord. No. R-196; 5-16-2007 by Ord. No. DR-312; 11-2-2016 by Ord. No. Z-448; 6-6-2018 by Ord. No.
B-37; 10-17-2018 by Ord. No. B-76; 12-1-2021 by Ord. No. B-413]
A.
Any person who shall violate any provision of this chapter or any
provision of any rule or regulation or order adopted by the Board
of Health pursuant to the authority granted by this chapter shall,
upon conviction or guilty plea, in the Municipal Court of Hoboken
or other court of competent jurisdiction, be punished by a fine of
$250 for the first offense; $500 for the second offense; and $1,000
for the third and all subsequent offenses.
B.
Each day's failure to comply with any provision, rule, or order shall
constitute a separate and distinct offense.
[Added 10-17-2018 by Ord.
No. B-76[1]]
A.
In accordance with N.J.S.A. 40:48-2.13, where it shall be necessary
and expedient for the preservation of the public health, safety, and
general welfare, or to eliminate a fire hazard on private premises,
the owner or tenant of the private premises lying within the City
of Hoboken shall remove or destroy from such premises brush, weeds,
including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within 10 days after notice
to remove or destroy same.
B.
In accordance with N.J.S.A. 40:48-2.13a, where it shall be necessary
and expedient for the preservation of the public health, safety, or
general welfare to remove or destroy any solid waste on a private
premises stored in such a way that it is accessible and likely to
be strewn about by animals such as but not limited to dogs, cats,
raccoons, birds, or rodents, the owner or tenant of the private premises
shall be required to remove or destroy same within a reasonable period
of time of not less 72 hours and not more than 10 days after service
of written notice upon the owner or tenant.
C.
Where the owner or tenant shall have refused or neglected to remove or destroy a nuisance as specified in Subsections A and B above in the manner and in the time as described in the notice, the City may remove or destroy same under the direction of the director of any of the enforcement agencies or said enforcement agencies' designees.
D.
In accordance with N.J.S.A. 40:48-2.14, where the nuisance is removed
by the City, the Director of Environmental Services or his or her
designee shall certify the cost thereof to the governing body, which
shall examine the certificate, and if found correct shall cause the
cost as shown thereon to be charged against said dwelling or lands;
the amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form part of the taxes
to be assessed and levied upon such dwelling or lands, the same to
bear interest at the same rate of taxes, and shall be collected and
enforced by the same officers and in the same manner as taxes.
E.
In no event shall the assessment of costs against the owner or tenant of such lands relieve such owner or tenant of penalties imposed for violation of this section in accordance with § 136-8.
F.
Where it shall be necessary in the interest of the public health,
safety, and general welfare for the City to perform rodent baiting
or other pest control services, the City shall be permitted to charge
the cost of same to the owner of the property, so long as the City
provides the owner with notice and an opportunity to cure as follows:
[Added 1-18-2023 by Ord.
No. B-527]
(1)
The City shall provide notice to the property owner in writing that
rodent baiting and/or other pest control services are necessary. Said
notice shall provide the owner with at least 14 days to have the required
services be performed to the satisfaction of the City. If the owner
does not perform the required work within 14 days, the City shall
provide a second notice to the property owner indicating the date
and time that the services will be performed by the City, which date
shall be at least seven days from the date of the second notice. The
property owner may ask the City's permission to perform the work themselves
after receipt of the second notice, which permission shall not be
unreasonably withheld.
(2)
If the property owner does not perform the services or advise the
City of intent to perform said services after receipt of the second
notice, the City may have the services performed and bill the property
owner, which may be paid directly to the City within 30 days. If not
paid directly to the City within 30 days, the City may cause a lien
to attach to the property.
All ordinances, codes or parts of the same inconsistent with
any of the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
In the event that any section, sentence or clause of this chapter
or code shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.