[HISTORY: Adopted by the Board of Health of the Township
of Middletown 9-25-1957 (Ch. 286
of the 1996 Township Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the Health Officer or other official authorized
by the Construction Official to enforce this code and chapter.
Includes 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 streams, wetlands or water bodies 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. This shall include the dumping of any material into streams,
wetlands or water bodies, or adjacent to streams, wetlands or water
bodies. Material shall include but not be limited to garbage, solid
waste, wood chips, leaves, grass, brush or any liquid substances that
could have the potential to pollute or cause harm of any kind.
[Amended 4-3-2017 by Ord.
No. 2017-3193]
(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 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.
(8)
The existence or presence of any water or other liquid in which mosquito
larvae breed or 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)
Feeding, causing to be fed, or providing food to Canadian geese
on lands or waters publicly or privately owned in the Township. This
shall not be construed to prohibit humane acts toward an individual
Canadian goose, such as the temporary nurturing of an injured bird
on one's own premises and/or authorized wildlife management activities.
[Added 8-3-1998 by Ord.
No. 98-2522]
B.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance, as declared and described in this section.
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 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 Construction Official if the 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 Construction Official from having full access to any
place or premises upon which a violation of this chapter is believed
to exist.
A.
Notice.
(1)
Whenever a nuisance as declared by § 341-2 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.
(2)
If the owner resides out of the state or cannot be 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 § 341-2 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 Construction Official 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
Construction Official shall proceed to abate the nuisance or may cause
it to be removed or abated in a summary manner by such means as said
official shall deem proper.
The Construction Official may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 341-2 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.
[Amended 12-4-2017 by Ord. No. 2017-3212]
The provisions of this chapter shall be enforced by the Enforcing
Official.
[Amended 8-4-1997 by Ord.
No. 97-2479; 2-6-2017 by Ord. No. 2017-3185]
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 to the penalties provided in § 1-4 of this Code for each violation.
