[HISTORY: Adopted by the Board of Health of the Township
of Mount Olive 3-20-1961 (Ch. 297 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering – See Ch. 250.
Abandoned mines – See Ch. 259.
Noise – See Ch. 266.
Nuisances – See Ch. 270.
Property maintenance – See Ch. 302.
Solid waste disposal – See Ch. 338.
Water pollution – See Ch. 393.
Lawn maintenance and tree spraying – See Ch. 423.
Individual sewage disposal systems – See Ch. 445.
Solid waste transfer stations – See Ch. 449.
Weed control – See Ch. 469.
Land use – See Ch. 550.
As used in this chapter, the following terms shall have the
meanings indicated:
The Health Officer or other official authorized by the Board
of Health to enforce this code and chapter.
An individual, firm, corporation, association, society, partnership
and their agents or employees.
A.
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:
(1)
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)
Any matter, thing, condition or act which is or may become an annoyance
or interfere with the comfort or general well-being of the inhabitants
of this municipality.
(3)
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.
(4)
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)
The growth, existence or presence of ragweed on any plot of land,
lot, highway, right-of-way or any other public or private place.
(6)
The growth, existence or presence of poison ivy within 20 feet of
any property line.
(7)
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
(8)
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.
(9)
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.
(10)
The blockage, in any manner, of any public street or any streets
delineated upon a duly recorded final subdivision plat after any residential
occupancy has occurred in houses fronting upon such street, even though
the public improvements for said street may not have been accepted
by the Township.
[Added 5-28-1974 by Ord. No. 33-74[1]]
[1]
Editor's Note: This ordinance was adopted by the Township
Council.
(11)
Excremental matter. Permitting any human excrement or material
containing human excrement to remain or flow upon any place other
than into an approved disposal system.
[Added 1-10-1985 by Ord. No. B-13-84]
(12)
Laundry waste. Permitting laundry wastes from any location or
source to remain or flow upon any place other than into an approved
disposal system.
[Added 1-10-1985 by Ord. No. B-13-84]
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 member 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 building:
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 of a kitchen sink, bathtub
or shower, lavatory and flush toilet connected to the potable water
supply; or
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
official.
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.
A.
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
code 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
code is believed to exist.
A.
Nuisances on private premises.
(1)
Whenever a nuisance, as declared by § 433-2 of this code, 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.
(2)
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.
B.
Whenever a nuisance, as declared by § 433-2 of this code, 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 a private premises or place.
C.
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 manner 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 § 433-8 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.
[Added 4-10-1975 by Ord. No. B-1-75; amended 1-10-1985 by Ord. No.
B-12-84; 10-4-1990 by Ord. No. B-8-90]
In lieu of the abatement remedies referred to in § 433-7 hereinabove, any individual, partnership or corporation continuing to maintain a nuisance as defined in § 433-2 after notice to abate has been given or violating any other provisions of this chapter shall be subject to a fine not exceeding $500 nor less than $50. This penalty provision is adopted in accordance with N.J.S.A. 26:3-70.