[1982 Code § 172-1]
The purpose of this section is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential and
nonresidential premises; to establish minimum standards governing
facilities and other physical components and conditions essential
to make the aforesaid facilities fit for human habitation, occupancy
and use; to fix certain responsibilities and duties upon owners, operators
and occupants; and to fix penalties for the violation of this section.
This section is hereby declared to be remedial and essential for the
public interest, and it is intended that this section be liberally
construed to effectuate the purposes stated herein.
[1982 Code § 172-2]
As used in this section:
EXTERIOR OF PREMISES
Shall mean those portions of a building or structure which
are exposed to public view or are visible from adjoining or adjacent
lots, including all outside surfaces and appurtenances thereto, and
the open land space of any premises outside of any building or structure
erected thereon.
OCCUPANT
Shall mean any person residing, living or sleeping in or
on the premises or having actual possession, use or occupancy of a
dwelling, premises or rooming unit, or any person or entity in possession
of or using any premises or part thereof, whether or not the owner
thereof and regardless of the duration of time of such possession,
use or occupancy.
OPERATOR
Shall mean any person, persons or entity not the owner, who
has charge, care or control of a dwelling or premises or part thereof,
with or without the knowledge, consent or authority of the owner.
OWNER
Shall mean any person, persons or entity who shall have legal
or equitable title in any form whatsoever to any premises or part
thereof, with or without accompanying actual possession thereof, or
who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner, or as a
fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession
regardless of how such possession was obtained. Any person, group
or persons or entity who is a lessee, sublessee or assignee of a lessee
of any part or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this section
and shall have the responsibility over the portion of the premises
so sublet, leased or assigned.
PREMISES
Shall mean a lot, plot or parcel of land, right-of-way or
multiples thereof, including the buildings or structure thereon.
REFUSE OR RUBBISH
Shall mean all discarded, useless, unusable, used or worthless
solid waste matter or materials, combustible or noncombustible, including
but not limited to abandoned, inoperative or unusable automobiles
and vehicles.
[1982 Code § 172-3]
Every residential and nonresidential building, structure, lot
and the premises or portion of the premises on which it is situated
in the Borough of Little Ferry previously or presently used or intended
to be used for dwelling, commercial, business, recreational, service,
transportation, institutional, religious, charitable, quasi-public,
professional or industrial occupancy and uses accessory thereto shall
comply with the provisions of this section, whether or not any such
building or structure shall have been constructed, altered or repaired
before or after the enactment of this section, and irrespective of
any permits or licenses which may have been issued for the use or
occupancy of such building or for the installation or repair of equipment
or facilities prior to the effective date of this section. Vacant
lots, lands and premises are also required to comply with the provisions
of this section.
[1982 Code § 172-4]
In any case where the provisions of this section impose a higher
or stricter standard than set forth in other ordinance or regulation
of the Borough of Little Ferry or under the laws or regulations of
the State of New Jersey or any of its agencies, then the standard
as set forth herein shall prevail, but if the provisions of this chapter
impose a lower or lesser standard than any other regulation or ordinance
of the Borough of Little Ferry or the laws and regulations of the
State of New Jersey or any of its agencies, then the higher standard
contained in any such other ordinance, regulation or law shall prevail.
[1982 Code § 172-5]
Compliance with this section shall not constitute a defense
against any violation of any other ordinance of the Borough of Little
Ferry applicable to any structure or premises, nor shall any one act
of compliance constitute a defense against any subsequent or other
violation of this section.
[1982 Code § 172-6]
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this section, and no such person
or entity shall be relieved of any such duty, obligation or responsibility
hereunder or be entitled to assert as a defense against any charge
made against him or them for violation of this section the fact that
another owner, operator or occupant or any other third person or entity
is also responsible therefor and in violation thereof.
[1982 Code § 172-7; New]
Any alteration to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this section, shall be done in accordance with all applicable provisions of the State Uniform Construction Code and Chapter
13, Building and Construction.
[1982 Code § 172-8; New]
Nothing contained in this section or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Regulations and Chapter
35, Land Use.
[1982 Code § 172-9]
Nothing in this section shall be deemed to abolish or impair
existing remedies of the municipality or its officers or agencies
relating to the removal or demolition of any buildings or structures
which are deemed to be dangerous, unsafe or unsanitary.
[1982 Code § 172-10; Ord. No. 1215-24-06; Ord. No. 1270-02-09; Ord. No. 1303-13-10]
In furtherance of the purposes of this chapter, it shall be
the duty and responsibility of the owner or tenant of a dwelling or
lands lying within the Borough of Little Ferry, where it shall be
necessary and expedient for the preservation of the public health,
safety, general welfare or to eliminate a fire hazard to do the following:
a. To remove from such lands or dwelling or to destroy any solid waste stored in such a way that it is accessible to and likely to be strewn about by animals, such as, but not limited to, dogs, cats, raccoons, birds or rodents. Such removal or destruction of the solid waste shall be required to be completed not less than 72 hours or more than 10 days after the owner or tenant has received written notice of such violation. In the event the owner or tenant refuses or neglects to remove or destroy the solid waste in the manner and within the time set forth herein, then such removal or destruction of the solid waste shall be undertaken by or under the direction of the Borough Administrator, Property Maintenance Officer or Code Enforcement Officer, and the owner or tenant shall be responsible for any and all costs pursuant to Subsection
18-1.26.
b. To remove from such lands or dwelling or destroy 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 the same. In the event the owner or tenant refuses or neglects to remove or destroy the same in the manner and within the time set forth herein, then such removal or destruction of the same shall be undertaken by or under the direction of the Borough Administrator, Property Maintenance Officer or Code Enforcement Officer, and the owner or tenant shall be responsible for any and all costs pursuant to Subsection
18-1.26.
c. Bamboo plants.
[Added 10-10-2017 by Ord.
No. 1484-17-17]
1. 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 and private property in the Borough of Little Ferry
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 Borough of Little Ferry.
2. 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 Borough of Little Ferry. This prohibition shall
include, but is not limited to, the following plant genera:
3. Duty to confine. In the event any species commonly known as "running
bamboo" or "clumping bamboo" is located upon any property within the
Borough of Little Ferry 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 or public property
or public right-of-way.
(a)
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.
(b)
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.
(c)
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Borough Inspector
that the bamboo which is on his/her property at the time of the adoption
of this subsection originated on another property.
4. Removal.
(a)
In the event running bamboo or clumping bamboo is present on
the effective date of this prohibition and a complaint is received
by the Borough regarding an encroachment of any bamboo plant or root,
and the Borough Inspector, after observation and/or inspection, determines
that there is an encroachment or invasion on any adjoining/neighboring
private or public property or public right-of-way (hereinafter, "the
affected property"), the Borough shall serve notice to the bamboo
property owner in writing that the bamboo has invaded other private
or public property(ies) or public right(s)-of-way 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 Borough 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 Borough.
(1)
If the bamboo property owner does not accomplish the removal
of the bamboo from such other private or public property or public
right-of-way in accordance herewith, the Borough 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 municipal ordinances") for each
day the violation continues, enforceable through the Municipal Court
of the Borough of Little Ferry. The Borough may also institute civil
proceedings for injunctive or civil relief.
(2)
Nothing herein shall be interpreted as limiting the rights of
a private property owner to seek civil relief through a court of proper
jurisdiction nor the institution of civil proceedings against the
property parties.
5. 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.
[1982 Code § 172-11; Ord. No. 1215-24-06; Ord. No. 1344-29-11]
The exterior of all premises shall be kept free of the following
matter, materials conditions:
a. Refuse, as hereinabove defined.
b. Rubbish, as hereinabove defined.
c. Abandoned, uncovered or structurally unsound walls, shafts, towers,
exterior cellar openings, basement hatchways, foundations or excavations.
d. Abandoned iceboxes, refrigerators, boilers, hot-water heaters, television
sets and other similar major appliances.
e. Structurally unsafe or unsound buildings, structures or fences.
f. Vehicles or parts thereof, including boats and trailers, motorized
or not, licensed or unlicensed, registered or unregistered, which
vehicles or parts thereof are or have been junked, abandoned, dismantled
or are in a state of visible disrepair.
g. Weeds or grass in excess of ten (10) inches high or plant growth
which are obnoxious or detrimental to public health and safety. This
includes but is not limited to poison ivy, poison oak, poison sumac
and ragweed growth, dead or dying tree stumps and roots.
h. Excepting between the hours of 9:00 p.m. and 9:00 a.m., no person shall park or leave standing on private property an automobile or any other motor vehicle of any nature in an RA or RB Zone, unless it shall be parked or left standing on a driveway constructed or installed in accordance with the provisions of Chapter
35, Land Use.
i. During the hours between 9:00 p.m. and 9:00 a.m. a person shall be
allowed to park or leave standing on private property a noncommercial
vehicle on the front yard or on a front yard surface subject to the
following: If on a front yard surface:
1. The surface must consist of honeycomb-style pavers with grass growing
in the holes commonly referred to as "turf" or "grass" pavers.
[Amended 6-30-2021 by Ord. No. 1553-11-21]
2. The installation of a surface pursuant to this section shall require
a $50 permit fee.
3. If the Borough removes on-street parking in front of a residence
necessitating the homeowner to apply for a permit pursuant to this
paragraph i., then in that case the permit fee shall be waived.
4. All permit requests for the installation of such pervious surfaces
shall include a plan that is to be reviewed by the Construction Code
Official. Formal approval from the Construction Code Official shall
constitute the permit. At a minimum, the plan shall include, location
of surfaces and material of said pervious surfaces.
5. The design and placement of the surface must not allow for the motor
vehicle to track mud, dirt, grass, etc., into the public roadway.
If it is found that such items have been found in the public roadway,
the fine shall be $500. If such items are found in the public sewer
(storm or sanitary) system, the fine shall be $750 and the cost of
cleanout.
6. Failure to obtain the permit will result in a $200 fine.
7. The Little Ferry Police Department, Construction Code Official, Property
Maintenance Inspector(s), Department of Public Works or other Borough
official that the Borough Council shall designate shall be empowered
to enforce the provisions of this paragraph.
[1982 Code § 172-21; Ord. No. 1215-24-06]
a. Adoption of the International Property Maintenance Code, 2003 by
Reference. The Borough of Little Ferry hereby adopts by reference
the International Property Maintenance Code, 2003 edition, as published
by the International Code Council and all additions and supplements
thereto as the Property Maintenance Code of the Borough of Little
Ferry, in the State of New Jersey for regulating and governing the
conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that structures
are safe, sanitary and fit for occupation and use; and the condemnation
of buildings and structures unfit for human occupancy and use, and
the demolition of such existing structures as herein provided; providing
for the issuance of permits and collection of fees therefor; and each
and all of the regulations, provisions, penalties, conditions and
terms of the Property Maintenance Code on file in the office of the
Borough of Little Ferry are hereby referred to, adopted, and made
a part hereof, as if fully set out in this subsection, with any additions,
insertions, deletions and changes, if any, as a result of the adoption
of the International Property Maintenance Code, 2003 Edition, as published
by the International Code Council.
b. Effect on Pending Suits and Existing Actions. Nothing in this subsection
or in the Property Maintenance Code hereby adopted shall be construed
to affect any suit or proceeding impending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action
acquired or existing under any act or ordinance hereby repealed as
a result of the adoption of this subsection nor shall any just or
legal right or remedy of any character be lost, impaired or affected
by this section.
[Ord. No. 1242-01-08]
a. All materials and work shall be in accordance with the specifications
on file in the Building Department.
b. Any sidewalk, driveway apron, curb or gutter which is removed shall
be promptly replaced within 10 days of removal in accordance with
specifications on file in the Building Department. The Construction
Official may allow longer periods of time as required for special
circumstances.
c. No concrete sidewalk shall be replaced or covered with blacktop.
d. Whenever a curb cut or driveway depression is required, the entire section or sections of curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited. The curb cuts at residential property shall be in accordance with Subsection
35-108.8.
[Amended 4-9-2019 by Ord.
No. 1513-03-19]
e. It shall be unlawful for any person to drive any vehicle upon or
over any curb or sidewalk on any street, avenue or highway within
the limits of the Borough of Little Ferry without properly protecting
the curb or sidewalk from damage.
[1982 Code § 172-22]
All other provisions contained in this section establishing
minimum standards of property maintenance for all residential and
nonresidential premises in the Borough of Little Ferry shall be applicable
to this section as if recited at length.
[1982 Code § 172-12; Ord. No. 1239-20-07; Ord. No. 1354-09-12; Ord. No. 1456-05-16]
Under the Supervision of the Construction Code Official, the
Code Enforcement Officer or Deputy Zoning Officer under the supervision
of the Zoning Officer, investigates complaints, performs UCC building
inspections, performs interior inspections of properties whenever
an application is filed with the Building Department and/or the Joint
Planning Board and Zoning Board of Adjustment; reviews construction
plans for consistency with local zoning codes, enforces Little Ferry's
Property Maintenance, Zoning and other general codes as directed.
The Code Enforcement Officer must possess at least an RCS Building
Inspector's License as issued by the Department of Community Affairs.
The Code Enforcement Officer shall work ten (10) hours per week and
shall be compensated in accordance with the Borough's Salary Ordinance.
The Code Enforcement Officer position shall be a part-time position
and shall not be entitled to benefits. The Deputy Zoning Officer shall
work ten (10) hours per week and shall be compensated in accordance
with the Borough's Salary Ordinance. The Deputy Zoning Officer position
shall be a part-time position and shall not be entitled to benefits.
The hours per week for the Code Enforcement Officer and Deputy Zoning
Officer shall be set by the Borough Administrator and approved by
the Mayor and Council and shall be compensated in accordance with
the Borough's Salary Ordinance.
[1982 Code § 172-13]
Except as may be otherwise provided in any other provision of this section, the Enforcement Officer shall notify in writing, by registered or certified mail or personal service as is more specifically provided in subsection
18-1.22, the owner, operator or occupant of a structure, as the case may be, of the existence of a condition or conditions or other provisions which constitute the violation of any subsection or other provision of this section.
[1982 Code § 172-14]
In the case of an owner or operator, the notice may be served
personally upon him or by registered or certified mail addressed to
his last known address. If, after due diligence, the last known address
cannot be ascertained, the notice may be posted on the outside front
entrance of the structure. Personal service of the notice may also
be made upon a member of the family of the owner or operator over
fourteen (14) years of age, residing in the same dwelling unit as
the owner or operator, as the case may be. In the case of the occupant,
notice may be mailed or delivered to him at this place of business
or posted on the door of the occupant's premises.
[1982 Code § 172-15]
For the purpose of enforcement of this section, the service
of a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until the
violations are abated in conformity with this section and other applicable
ordinances of the Borough.
[1982 Code § 172-16]
The notice of violation shall contain the following:
a. Such notice shall designate the building, structure or premises or
portion thereof in violation.
b. Such notice shall contain a statement of the violations existing
in the building, structure or premises or portion thereof and the
correction thereof sought by the Enforcement Officer.
c. Such notice shall specify a reasonable time, not to exceed thirty
(30) days from the date of service of the notice, in which the notice
shall be complied with and the violation abated, corrected or eliminated.
[1982 Code § 172-19]
Where the violation or condition existing on the premise is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Construction Official may either
abate the violation or condition immediately or order the owner, occupant
or operator to correct the violation or condition within a period
of time not to exceed three (3) days. Upon failure to do so, the Construction
Official shall abate the condition immediately.
[1982 Code § 172-20; Ord. No. 1270-02-09; Ord. No. 1303-13-10]
a. Where abatement of any nuisance as defined herein, correction of
a defect in the premises or the maintenance of the premises in a proper
condition so as to conform to the municipal ordinances or state law
applicable thereto requires expending Borough monies therefor, the
enforcing officer shall present a report of work proposed to be done
to accomplish the foregoing to the Building Inspector with an estimate
of the cost thereof along with a summary of the proceedings undertaken
to secure compliance, including the notices served upon the owners,
operators, lessors or agents, as the case may be. The Building Inspector
may thereupon determine to order the abatement of the nuisance and
correction of the defect or work necessary to place the premises in
proper condition and in compliance with ordinances of the Borough
and laws of the state. The enforcing officer may thereafter proceed
to have the work performed in accordance with such order at Borough
expense, not to exceed the amount specified in the order, and shall,
upon completion thereof, submit a report of the monies expended and
costs to the Building Inspector. After review of the same, the Borough
Council, upon resolution, shall direct the Borough Tax Collector to
charge the cost incurred by the Borough as a lien upon such lands
in the form of property taxes to be assessed and levied upon such
lands, same to bear interest at the same rate as taxes and to be collected
and enforced by officers in the same manner as taxes. The aforestated
provisions are consistent with N.J.S.A. 40:65-12 and 40:48-2.27. A
copy of the resolution approving the expenses and costs shall be certified
by the Borough Clerk and filed with the Tax Collector of the Borough,
who shall be responsible for the collection thereof, and a copy of
this resolution shall be sent by registered mail to the owner.
[Amended 11-9-2017 by Ord. No. 1487-20-17]
b. In all cases where solid waste stored in such a way that it is accessible
to and likely to be strewn about by animals, such as, but not limited
to, dogs, cats, raccoons, birds or rodents, and in all cases where
brush, weeds, including ragweed, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris are destroyed
or removed from any dwelling or lands under this section (adopted
pursuant to N.J.S.A. 40:48-2.13 and N.J.S.A. 40:48-2.13a) by or under
the direction of the Borough Administrator, Property Maintenance Officer
or Code Enforcement Officer, then and in that case such Borough Administrator,
Property Maintenance Officer or Code Enforcement Officer 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 the 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 next to be assessed and levied
upon such dwelling or lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
[1982 Code §§ 172-17, 172-18; New]
a. Any person who shall violate any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
b. Where the defendant is other than a natural person or persons, paragraph
a shall apply to any agent, office, member or partner who shall, alone
or with others, have charge, care or control of the premises within
the definition of "owner" under this section.
[1982 Code § 158-2]
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, in the opinion of the
Health Officer, using environmental standards adopted by the State
of New Jersey, is or is likely to become detrimental or a menace to
the health of the inhabitants of this municipality.
2. 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. The
pollution standards that the Health Officer shall adopt shall be the
same as set by the State of New Jersey, Department of Environmental
Protection.
3. 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.
The particulate and pollution standards that the Health Officer shall
adopt in relation to air pollution shall be those which have been
promulgated by the State of New Jersey, Department of Environmental
Protection.
4. The growth, existence or presence of ragweed on any plot of land,
lot, highway, right-of-way or any other public or private place.
5. The growth, existence or presence of poison ivy or similar poisonous
plant within twenty (20) feet of any property line.
6. The existence or presence of any stagnant water or other liquid in
which mosquito larvae breed or exist or which presents any other health
hazard.
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 or which presents any other health hazard.
8. 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 as or constitutes a breeding place or harborage for
insects or rodents in or on any land, premises, building or other
place.
b. It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance as declared and described in this subsection.
[1982 Code § 158-4]
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
section 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
section is believed to exist.
[1982 Code § 158-6]
a. Whenever a nuisance as defined in this section is found on any plot
of land, lot, right-of-way or any private premises or place, notice
in writing shall be given to the owner thereof (unless a health emergency
exists in the opinion of the Health Officer, then verbal notice shall
be acceptable) to remove or abate the same within such time as shall
be specified therein but not less than twenty-four (24) hours from
the date of service thereof, or reasonable attempt shall be made at
notification of the owner or agent of the owner. A duplicate of the
notice or real notification shall be left with one (1) or more of
the tenants or occupants of the premises or places if different from
the owner. 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 of the owner, tenant
or occupant thereof.
b. Whenever a nuisance as defined in this section 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 in the opinion of the Health Officer a health emergency exists,
such notification may be made verbally. 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 a summary manner and charge the
costs of the same to the party responsible for the continuance of
the nuisance.
c. If the owner, tenant or occupant of private property, upon being
notified as provided by this subsection, 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 the Board shall deem proper.
[1982 Code § 158-7]
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
defined in this section 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.
[1982 Code § 158-8]
The provisions of this section shall be enforced by the Board
of Health or its enforcing official.
[1982 Code § 158-9]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Section
1-5.