A code defining and prohibiting certain matters, things, conditions
or acts and each of them as a health nuisance; prohibiting certain
noises or sounds; requiring the proper heating of apartments; prohibiting
lease or rental of certain buildings; prohibiting spitting in or upon
public buildings, conveyance or sidewalks; authorizing the inspection
of premises by an Enforcing Official; providing for the removal or
abatement of certain nuisances and recovery of expenses incurred by
the Department of Health in removing or abating such nuisances; and
prescribing penalties for violations, is hereby adopted.
Three copies of Chapter
305, Public Health Nuisances, have been placed on file in the Office of the Borough Clerk upon the introduction of this chapter and will remain on file there for the use and examination of the public.
Any person who violates or neglects to comply with any provision
of this chapter or code established herein or notice issued pursuant
thereto shall, upon conviction thereof, be liable for a penalty of
not less than $100, and not more than $1,000 per day for each violation.
Definitions as used in this chapter.
ENFORCING OFFICIALS
Includes the Health Officer or other Official authorized
by the Board of Health to enforce this chapter.
PERSON
Includes as individual, firm, corporation, association, society,
partnership and their agents or employees.
The following matters, things, conditions or acts and each of
them are hereby declared to be a nuisance and injurious to the health
of the inhabitants of this municipality:
A. Any matter, thing, condition or act which is or may become detrimental
or a menace in the health of the inhabitants of this municipality.
C. Pollution or existence of a condition or conditions which cause or
threaten 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.
D. 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.
E. The growth, existence, or presence of ragweed on any plot of land,
lot, highway, right-of-way or any other public or private place.
F. The growth, existence or presence of poison ivy within 20 feet of
any property line.
G. The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
H. 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 breed
or exist.
I. 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.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance, as declared and described in this chapter.
It shall be unlawful for the owner or owners who have agreed
to supply heat to any building designed to be occupied or occupied
as a residence by more than two families to fail to supply heat from
the first day of October in each year to the first day of May of the
succeeding year in such manner that the temperature of said building
where one or more persons reside shall always be kept at 68° F.
or above, between the hours of 6:00 a.m. and 10:00 p.m.
It shall be unlawful for any person to make, cause or suffer
or permit to be made or caused upon any premises owned, occupied or
controlled by him or it or upon any public street, alley or thoroughfare
in this municipality any unnecessary noises or sounds by means of
the human voice or by any other means or methods which are physically
annoying to persons or which are so harsh or so prolonged or unnatural
or unusual in their use, time and place as to occasion physical discomfort
or which are injurious to the lives, health, peace and comfort of
the inhabitants of this municipality or any number thereof.
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 which:
A. Is not adequately and properly ventilated.
B. Fails to provide potable water at sufficient pressure and quantity
for each family unit from a public supply approved by the State Department
of Health or a private supply approved by the Enforcing Official.
C. Does not have plumbing fixtures, consisting or a kitchen sink, bathtub
or shower, lavatory and flush toilet, connected to the potable water
supply.
D. Does not have facilities for the discharge of all household liquid
wastes into a public sewerage system approved by the State Department
of Health or into a private sewerage system approved by the Enforcing
Officer.
It shall be unlawful for any person to spit upon any public
sidewalk or upon any part of the interior or exterior of any public
building or public conveyance.
All places and premises in this municipality 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.
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 declared by §
305-5 of this chapter, 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.
Whenever a nuisance, as declared by §
305-5 of this chapter, 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 as hereinafter provided in the case of a like condition existing on private premises or place.
If the owner, tenant or occupant, upon being notified as provided
by this section, 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 by such means as said Board shall
deem proper.
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 declared by §
305-5 of this chapter, from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced by the Board
of Health or its Enforcing Official.