[Ord. 3/6/66, § 305]
As used in this chapter:
Shall mean any nuisance which may, in the usual course of
events, cause injury, disease, or the like, to any individual in and
about the location.
[Ord. 3/6/66, §§ 301
— 303]
a.
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 established pursuant to Chapter 188, Laws
of 1950. A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text herein.
b.
The code established and adopted by this section is described and
commonly known as the "Public Health Nuisance Code of New Jersey (1953)".
c.
Three copies of the "Public Health Nuisance Code of New Jersey (1953)"
have been placed on file in the office of the borough clerk and the
secretary of the local board of health upon the introduction of this
section and will remain on file there for the use and examination
of the public.
[Ord. 3/6/66, § 304]
Whenever there is created within the confines of the borough
a situation dangerous to health or limb, the board of health, in addition
to all other rights it may have under this or any other law, ordinance
or statute of this State code shall have the right to abate the situation
in accordance with the terms of this chapter.
[Ord. 3/6/66, § 306]
Any person owning the property upon which this dangerous or
unhealthy condition exists and any person who creates such a situation
who shall permit the same to continue to exist after two weeks'
notice to abate the same, shall be deemed in violation of the terms
of this code.
[Ord. 3/6/66, § 307]
After two weeks' written notice by the board of health
to abate any such unhealthy or insanitary situation as above indicated,
and upon the failure of the persons so notified to abate the same,
the board of health and/or the borough shall have the right to enter
upon the property in question and to abate the unhealthy or insanitary
condition at the expense of the person charged with the responsibility
as above indicated.
[Ord. 3/6/66, §§ 308,
309]
a.
In the event that the person so notified is the owner of the property
in question, and in the event that the owner fails, within the two
week allowable period, to abate the nuisance after proper notice,
then any expense incurred by the borough or the board of health in
abating the same shall be imposed as a lien upon the property in question.
In such event, the president of the board of health shall, upon the
expenditure of any funds, notify the borough tax collector of the
assessment together with a copy of the invoices or vouchers indicating
the amount spent, so that the same may be placed on record against
the property.
b.
The procedure for the imposition of liens shall be as follows:
1.
The tax collector, upon being notified of the expenditure of funds
by the president of the board of health, shall bill the person to
be charged.
2.
In the event the bill is not paid within 15 days after presentation,
the tax collector shall, by appropriate book entry, establish the
charge as a lien against the property; unless within that time, the
person against whom the lien is sought to be charged protests the
amount of the bill or the imposition of the lien and seeks a hearing
as hereinafter set forth.
[Ord. 3/6/66, §§ 310,
311]
a.
Any person feeling aggrieved by the action of the board of health,
as indicated above, shall have the right to a hearing in connection
with his grievance, provided however, that the notice of objection
be served upon the board of health (either its secretary or president)
or upon the borough clerk prior to 15 days having elapsed from the
date of notice to the property owner in question from the tax collector.
b.
The notice of objection to be served upon the board of health or
borough clerk shall contain the basis of the objection and, if the
aggrieved party is to be represented by counsel, the name and address
of counsel.
[Ord. 3/6/66, § 312]
Upon being served with the notice of objection, the board of
health shall call a special meeting to be held not less than 10 days
nor more than 30 days from the date of the service of the notice of
objection, and shall advise the aggrieved party or his attorney of
the time and place of the hearing. At the hearing, the aggrieved party
shall be entitled to be represented by counsel, call witnesses on
his own behalf, and to demand the appearance and testimony of the
borough sanitary inspector or the members of the board of health who
made the determination that the condition abated was in fact a nuisance,
dangerous to life, limb or health of the public.
[Ord. 3/6/66, § 313]
After the hearing in question, the board of health shall, within
10 days, render an opinion in writing setting forth specifically its
reasons for its determination and advising the aggrieved party of
the disposition of the appeal.
[Ord. 3/6/66, § 314]
The aggrieved party, if the board of health decides contrary
to his position, shall have the right, within 10 days after receipt
by him of the decision of the board of health, to appeal to the mayor
and council. On such appeal the aggrieved party may be heard and his
counsel may be heard and a representative of the board may be heard,
and written briefs or memoranda may be filed, but no new testimony
shall be taken.
