[HISTORY: Adopted by the Board of Health of the Borough of
Somerville 4-27-77. Amendments noted where applicable.]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a 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, conveyances 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 Board of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this chapter is described
and commonly known as the "Public Health Nuisance Code of New Jersey
(1953)." The aforesaid code is adopted in its entirety, except that
Section 3.1 thereof, entitled "Proper Heating of Apartments," is deleted
therefrom and is not made a part hereof.
Three (3) copies of said Public Health Nuisance Code of New
Jersey (1953) have been placed on file in the office of the Health
Officer of this Board of Health upon the introduction of this chapter
and will remain on file there for use and examination by the public.
This chapter and said code may be printed in composite form for general
use.
The following additional regulations, numbered to conform to
the numbering system of said code, are hereby established and adopted
as a part of said code:
A.
Section 2.1 is amended by the addition of the following subsections:
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(j)
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The maintenance of any building, room or dwelling in such a
state of uncleanliness or the crowding of persons in any building
or room in such manner as to endanger the health of persons dwelling
or working therein.
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(k)
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Permitting the plumbing or plumbing fixtures to exist in any
filthy or unhealthful condition.
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(l)
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The maintenance of or permitting the maintenance of any bus,
automobile or other vehicle for the transportation of the public in
an unsanitary condition.
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(m)
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The keeping of food or drink intended for human consumption,
either for sale or to be dispensed to the public for consumption on
or off the premises, in such manner as to allow flies, dust, dirt
or other injurious contamination to come in contact therewith.
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(n)
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When the owners of buildings designed to be occupied or occupied
as residences by more than two (2) families have agreed to supply
heat, from October 1 of each year to the next succeeding May 1 it
shall be a nuisance unless every unit of dwelling space and every
habitable room therein shall be maintained at least sixty-eight degrees
Fahrenheit (68° F.) whenever the outside temperature falls below
fifty-five degrees Fahrenheit (55° F.) during daytime hours from
6:00 a.m. to 11:00 p.m. At times other than those specified, interiors
of units of dwelling space shall be maintained at least fifty-five
degrees Fahrenheit (55° F.) whenever the outside temperature falls
below forty degrees Fahrenheit (40° F.). Failure to so maintain
the dwelling unit shall be a nuisance. The owner of said unit or units
shall be deemed to have created the nuisance and shall be liable for
penalties hereunder provided. In meeting the aforesaid standards,
the owner shall not be responsible for heat loss and the consequent
drop in the interior temperature arising out of action by the occupants
in leaving windows or doors open to the exterior of the building.
The owner shall be obligated to supply required fuel or energy and
maintain the heating system in good operating condition so that it
can supply heat as required herein notwithstanding any contractual
provision seeking to delegate or shift responsibility to the occupant
or third person, except that the owner shall not be required to supply
fuel or energy for heating purposes to any unit where the occupant
thereof agrees in writing to supply heat to his own unit of dwelling
space and said unit is served by its own exclusive heating equipment
for which the source of heat can be separately computed and billed.
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B.
Section 2.3 is added as follows:
2.3 It shall be the duty of every property owner, tenant or
occupant of any premises to maintain said premises in a clean condition
so that the same may not be injurious, detrimental or hazardous to
health.
C.
Section 2.4 is added as follows:
2.4 All owners of property along the line of any sewer constructed
for the purpose of carrying off sewage in the streets of the Borough
of Somerville shall connect their houses and other buildings with
the sewer in the street adjoining said property upon notice from this
Board to make such connection.
D.
Section 2.5 is added as follows:
2.5 Every building used in any way for occupation by human beings,
whether for business or dwelling purposes, shall be provided with
a sufficient number of water closets and urinal accommodations. When
the interests of the public health require additional water closets
or urinal accommodations in any house, store, apartment, flat or any
other building, it shall be lawful for this Board, by notice to the
owner, to direct the installation of such additional toilets as it
shall deem necessary. There shall be at least one (1) water closet
for each separate family.
Any person who violates any provision of or order promulgated
under this chapter or code established herein shall, upon conviction
thereof, be liable to a penalty of not less than five dollars ($5)
nor more than five hundred dollars ($500) for each violation. Each
day a particular violation continues shall constitute a separate offense.
