[Ord. No. 2017-41]
The purpose of this chapter is to protect and promote the public
health through the control, abatement and prevention of nuisances
of a public health concern. This chapter specifically authorizes the
Town Health Officer to enforce the New Jersey Public Health Nuisance
Law N.J.S.A. 26:3-45, et seq. (the "State Nuisance Law") in the Kearny
Municipal Court and provides additional definitions of what shall
constitute a nuisance in public and private places within the Town.
Wherever there is a question as to the significance of an alleged
infraction or the factual existence of an alleged infraction, the
prudent judgment of the Health Officer or other enforcing official
will prevail in the determination of a violation.
[Ord. No. 2017-41]
The Health Officer may enforce all aspects of the New Jersey
Public Health Nuisance Law and this Ordinance in Municipal Court.
The Kearny Municipal Court shall have jurisdiction over all such proceedings.
[Ord. No. 2017-41]
a.
In
addition to a nuisance defined in the State Nuisance Law, the following
shall constitute a nuisance within the Town:
1.
The keeping of any animal or animals in such a manner as to cause
or present a source of foulness, odors or breeding of insects, rodents
or other vermin.
2.
Depositing, dumping, accumulating, maintaining or otherwise allowing
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, rodents or pigeons of a public health
significance in or on any land, premises, building or other place.
[Ord. No. 2017-41]
Whenever any owner, tenant or occupant has not complied with
a notice as specified and the nuisance has not been abated or removed
under the direction of the Health Officer or other enforcing official,
any cost or expense incurred for abating or removing, or causing to
be abated or removed the nuisance or condition, may be recovered in
the following manner:
The enforcing official shall, upon completion of the work, certify
the cost thereof to the Town Council, who shall examine the certificate
of cost, and, if found correct, shall cause the costs as shown thereon
to be charged against the lands, and the amounts so charged shall
forthwith become a lien upon the lands and shall be added to and become
and form part of the taxes to be assessed and levied upon the lands,
the same to bear interest at the same rate as taxes, and shall be
collected and enforced by the same officers and the same manner as
taxes.
Where it is not possible or practical to proceed under this
section the cost or expense shall be recovered in an action at law
in any court of competent jurisdiction.
Regardless of how costs are actually recovered, they shall be
in addition to and shall not affect the imposition of any penalties
for the violation of this chapter.
[Ord. No. 2017-41]
The provisions of this chapter shall be enforced by the Health
Officer or other enforcing officials. Enforcement shall be in the
Municipal Court having jurisdiction over proceedings to enforce and
collect any penalty imposed because of a violation of any provision
of this chapter. The proceedings shall be summary and in accordance
with the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.). Process
shall be in the nature of a summons or warrant and shall be issued
by the Health Officer. In the event that entry to any place or premises
is denied by any owner or tenant, the Health Officer shall obtain
the appropriate warrant for entry through the Municipal Court. Whenever
a nuisance pursuant to this section is found, a violation notice shall
be given to the owner and tenant/occupant, if applicable, in writing,
by personal delivery or by regular mail, to remove or abate the same
within such time as shall be specified therein. The cost of abatement
shall be borne by the property owner.
If such person fails to comply with such notice within the time
specified therein, the Health Officer or other enforcing official
may remove, abate or cause the clean-up of the nuisance in the manner
as herein provided.
[Ord. No. 2017-41]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punishable by one or more of the following:
a fine not exceeding $2,000 or imprisonment for a period not exceeding
90 days or a period of community service not exceeding 90 days at
the discretion of the Judge of the Municipal Court.
Except as otherwise provided, every day in which a violation
of any provision of this chapter exists shall constitute a separate
violation.
All fees and penalties collected under any provision of any
chapter adopted by the Town Council shall be payable to the Town of
Kearny.
