Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Demolition of buildings — See Ch. 200.
Property maintenance — See Ch. 460.
[Adopted 11-28-1978 by Ord. No. MC 2550 (Ch. 154, Art. I, of the 1981 Revised Code)]
For the purposes of this article, the following definitions shall apply:
BUILDING
Any lands or premises within the Town of Irvington and any structure or appurtenance thereon.
ERADICATION
The elimination or extermination of rodents within a building or on the lot or parcel of land upon which said building is located, by any or all accepted measures, such as poisoning, fumigation, trapping and clubbing.
HARBORAGE
Any condition that provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside any building.[1]
OCCUPANT
The individual, partnership or corporation that has the use of or occupies any building or a part or fraction thereof, whether the actual owner or tenant. In the case of vacant buildings or any vacant portion of a building, the owner, agent or other person having custody of the building shall have the responsibility of an "occupant" of a building.
OWNER
The actual owner of the building, whether individual, partnership or corporation; the managing agent of the building; a mortgagee in possession; or any other person having control or custody or management of the building or to whom the rent is paid. In the case of commercial or industrial buildings or portion thereof leased with a clause in the lease specifying that the lessee is responsible for maintenance or repairs, the lessee shall be considered in such cases as the "owner" for the purpose of this article.
RATPROOFING or RATPROOFED
A form of construction that prevents the ingress and egress of rats from one place to another. It consists of treating with materials impervious to rat gnawing all actual or potential openings in exterior walls, ground or first floors, basements, roofs and foundations that may be reached by rats by climbing or by burrowing.
WRITTEN NOTICE
A letter, placard or other writing signed by code enforcement personnel, advising the owner or occupant of violations of this article and giving the date by which all such violations are to be abated. Such "written notice" may be delivered to the owner or occupant by first class mail, telegram, hand delivery or posting on the building.[2]
[1]
Editor's Note: Original definition of "Health Officer," as amended, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for the owner or occupant of any building within the Town of Irvington to maintain such building in a rodent-infested condition or to permit any such building to become infested with or to provide harborage for rodents. The existence of any such building is hereby declared to be a nuisance hazardous to the public health.
It shall be unlawful for the owner or occupant of any building within the Town of Irvington hereafter to construct, repair or remodel same unless such construction, repair or remodeling shall render the building ratproof in accordance with the standards prescribed herein or promulgated by the code enforcement personnel as authorized by the provisions of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for the owner or occupant of any building within the Town of Irvington to demolish same until such building is examined for evidence of rodents by the code enforcement personnel and a certificate issued as herein provided. In the event inspection reveals evidence of rodent infestation, the code enforcement personnel shall require a program of eradication undertaken and completed by a reputable professional exterminator. The program of eradication shall include the use of rat baiting, approved rodenticides, trapping and other accepted means of extermination approved by the code enforcement personnel. After completion of the eradication program as required herein, the code enforcement personnel shall reinspect the premises and, upon a determination that such program has been effective, shall issue a certificate signifying his approval of said demolition.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person hereafter to occupy any building wherein foodstuffs are to be stored, kept, handled, sold or offered for sale unless said building shall be ratproofed in accordance with the standards prescribed herein.
No person shall place food in the open for the feeding of any fowl, bird or animal except in such containers as will prevent the scattering of such food upon the ground. After such feeding, such food shall not be allowed to remain where it is accessible to rodents.
[1]
Editor's Note: See also Ch. 167, Art. IV, Feeding Wildlife on Public Property.
All building material, lumber, boxes, cartons, barrels, containers, machinery, raw material, fabricated goods and any other substance which may afford harborage or provide food for rodents shall be kept, stored or handled in a manner acceptable to the code enforcement personnel.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The code enforcement personnel may make or cause to be made an inspection of any building in the Town of Irvington which he has reason to believe is infested with or provides harborage to rodents or is not in a ratproofed condition or is otherwise in violation of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
After the owner or occupant of any building inspected by the code enforcement personnel pursuant to this article shall have received written notice that such building is infested with or provides harborage to rodents, it shall be the duty of such owner or occupant to take immediate measures to cause the eradication of such infestation or harborage and to render such building ratproofed. Measures to cause the eradication of such infestation or harborage shall be completed within five days of the date of such written notice. Measures to render such building ratproofed shall be completed within 15 days of the date of such notice. The time periods provided for herein may be enlarged by the code enforcement personnel, for good cause, upon the written application of said owner or occupant.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to commence rodent eradication on or within any building in the Town of Irvington without first having filed with the code enforcement personnel a written statement that shall include the method of: ectoparasite control; eradication, including the toxicant of choice; removal of dead rodents; ensuring against accidental poisoning of humans and domestic animals; and such other information as the code enforcement personnel may require. If an acute toxicant is used, exterior areas and accessible environments shall be conspicuously posted by the exterminating firm with signs of such size, design and content as the code enforcement personnel may require. All signs shall remain posted as long as the eradication treatment is in progress.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Owners and occupants of all buildings which shall have been ratproofed at the direction of the code enforcement personnel shall maintain the same in a ratproofed condition.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful for any person to remove, damage or destroy any part of any building or any appurtenance thereto intended to protect such building against ingress or egress of rats, or in any other way to create a condition by which ingress or egress of rats is made possible; provided that this section shall not apply where the interference with the ratproofing is made necessary in connection with a lawful construction, in which event, however, the ratproofing shall be promptly restored.
The code enforcement personnel shall have the power to promulgate such rules and regulations as may be necessary to effectuate the provisions of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-8-1987 by Ord. No. MC 2835; 9-13-2016 by Ord. No. MC 3582[1]]
A. 
Except as otherwise provided in this article, the penalties for violations of this article are as follows:
Section
Short Description
1st Offense
2nd Offense
3rd Offense
4th Offense Maximum Fine;
Court Appearance Required
§ 449-2
Rodent infestation prohibited
$100
$250
$500
$1,000
§ 449-3
Lack of ratproofing
$100
$250
$500
$1,000
§ 449-4
Building demolition without inspection
$250
$500
$750
$1,000
§ 449-6
Scattering of food when feeding animals in public
$100
$250
$500
$1,000
§ 449-8
Rat infestation or harborage
$100
$250
$500
$1,000
§ 449-11
Failure to maintain rat proofing
$100
$250
$500
$1,000
§ 449-12
Removal of ratproofing
$100
$250
$500
$1,000
B. 
Any person, firm or corporation found guilty of a violation of any other terms of this article shall be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 10-12-2006 by Ord. No. MC 3326 (Ch. 154, Art. II, of the 1981 Revised Code)]
A. 
It is the desire of the Mayor and Council of the Township of Irvington to promote matters which benefit the health, welfare, comfort and safety of the citizens of the community.
B. 
Scientific studies associate exposure to pesticides with asthma, cancer, developmental and learning disabilities, nerve and immune system damage, liver or kidney damage, reproductive impairment, birth defects and disruption of the endocrine system.
C. 
Infants, children, pregnant women, the elderly and people with compromised immune systems and chemical sensitivities are especially vulnerable to pesticide effects and exposure.
D. 
Lawn pesticides are harmful to pets, wildlife, soil microbiology, plants, and natural ecosystems and can run off into streams, lakes and drinking water sources.
E. 
Integrated Pest Management is the coordinated use of pest and environmental information and all available pest control methods (sanitation, mechanical, biological and "least toxic" chemical) to prevent unacceptable levels of pest damage by the most economical means with the least possible hazard to people, property and the environment.
F. 
Integrated Pest Management has been investigated and considered by the Environmental Commission and it is recommended by the Environmental Commission as a desirable and appropriate policy in order to reduce or eliminate the use of pesticides.
G. 
The Township of Irvington does maintain public properties at which pest management issues are an ongoing concern.
H. 
The Mayor and Council have determined that it is in the best interest of the health, welfare, comfort and safety of the Township's citizens to adopt Integrated Pest Management at the Township's pest management policy.
The Township does hereby adopt Integrated Pest Management as the pest control policy and strategy to be employed in the maintenance of the Township's public properties and facilities.
The Municipal Council of the Township of Irvington encourages all citizens to make every effort to participate in this endeavor on their own property, and the Township will designate certain public properties, such as community parks, as "Pesticide-Free Zones."
These areas will be posted with a sign indicating that chemical pesticides have not been applied at the site.