Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[Ord. 12/19/60, S1]
The title of this chapter is the "Sussex Health Code".
[Ord. 11/3/58, S1]
As used in this chapter:
DWELLING
Shall mean any building or structure or part thereof used and occupied for human habitation either permanently or transiently, or intended to be used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
Shall mean a group of rooms intended to be occupied by one family or household as their home and where they sleep.
HABITABLE ROOM
Shall mean a room which is designed or intended to be used for living, sleeping, eating or cooking; excluding storerooms, bathrooms, toilets, closets, halls and spaces in attics or basements.
HEALTH OFFICER
Shall mean that person appointed by the board of health, or upon failure to make an appointment, such other person whom the mayor with the consent of the council might designate to exercise the powers prescribed by this chapter.
OCCUPANT
Shall mean any person, including the owner or operator, living or sleeping in a dwelling unit.
OWNER
Shall mean any person who is in actual possession of or has charge, care or control of any property within the borough as owner, executor, administrator, trustee, guardian or agent. Such person shall be deemed to be the owner of such property within the true intent and meaning of this chapter and shall be bound to comply with this chapter.
[Ord. 11/3/58, S3]
Every dwelling and every part thereof shall be kept clean and free from any accumulation of dirt, filth, rubbish, garbage or similar matter and shall be kept free from vermin or rodent infestation. All yards, lawns and courts shall be similarly kept clean and free from rodent infestation. It shall be the duty of each occupant of a dwelling unit to keep in clean condition that portion of the property which he occupies or over which he has exclusive control.
[Ord. 11/3/58, S3]
The owner of any vacant plot of ground shall keep the same free from rodent infestation and free from rubbish, garbage, debris, junk or other material which create or may create conditions conducive to rodent infestation.
[Ord. 11/3/58, S3]
Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and fit for human habitation.
[Ord. 11/3/58, S3]
The roof shall be maintained so as not to leak and all rain water shall be drained and conveyed therefrom so as not to cause dampness in the walls, ceilings and floors.
[Ord. 11/3/58, S3]
Every dwelling and every dwelling unit shall be kept weatherproof and capable of being adequately heated, and the heating equipment in every dwelling or dwelling unit shall be maintained in good repair and order, and where a central heating plant is provided, the heating plant and appurtenances shall be capable of maintaining every habitable room at a minimum temperature of 68 degrees Fahrenheit.
[Ord. 11/3/58, S3]
Every habitable room in a dwelling or dwelling unit shall contain a window opening directly to the outside air, and the total area of such window shall not be less than ten percent of the floor area of such rooms. All window sash shall be glazed and provided with suitable hardware and shall be made to open to the extent of not less than five percent of the floor area of such rooms. This applies to both old and new dwellings or dwelling units. In case of an old dwelling an application for an exception may be made to the board of health, and this may be granted if in the opinion of the board of health the exception has met health requirements.
[Ord. 11/3/58, S3]
During that portion of each year when, as determined by the board of health, it is necessary for the protection against mosquitoes, flies and other insects, every door opening directly from any dwelling unit to outdoor space shall be supplied with a screen together with a self-closing device in good working condition; and in each habitable room at least one window or other device with openings to outdoor space used or intended to be used for ventilation shall be likewise provided with a screen. Every basement or cellar which might provide an entry for rodents, shall likewise be supplied with a screen or other device which will effectively prevent their entrance.
[Ord. 11/3/58, S3]
In every dwelling unit containing two or more rooms there shall be provided running water. Hereafter in the borough at least one lavatory, one flush toilet and one bathtub or shower stall all of which shall have sufficient water supply and all appliances shall be of a nature and type approved by the board of health, shall be required in each dwelling unit which shall be constructed. All plumbing flush toilets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good order and repair.
Where a flush toilet now exists and in all dwelling units henceforth constructed, there shall be at least one flush toilet for each six persons or fraction thereof occupying a dwelling unit, and such flush toilet shall be within and accessible from within the building. Flush toilets, urinals, bathtubs and shower stalls shall be located in rooms separated from habitable rooms by floor to ceiling partitions and provided with doors thereto. Any room containing a flush toilet or urinal shall have at least two square feet of free space and at least 100 cubic feet of air space for each flush toilet and each urinal. Every bathroom in a dwelling unit shall be provided with adequate light and ventilation.
[Ord. 11/3/58, S3]
No septic tank shall be hereafter constructed in the borough without a permit being obtained for that purpose from the board of health. All septic tanks for the construction of which permits may be granted, shall be built to the board of health specifications which shall be in compliance with the recommendations of the State Board of Health. No septic tank shall be built or maintained within ten feet of the line of any street, within five feet of any party or fence line of the adjacent property, nor within 20 feet of the door or window of any house unless otherwise permitted by the board of health; and no septic tank shall be completed nor shall any cover be put on or over the same until the septic tank has been inspected by the health officer and has been found to correspond to the direction of the board of health and the recommendations of the State Board of Health; provided, that no septic tank shall be permitted where and when access to a sanitary sewer is available. The owner or occupant of any premises whereon a septic tank is located shall cause the same to be cleaned and the contents thereof removed within 24 hours after receiving notice in writing to that effect from the board of health. All vehicles or receptacles used under any permit for removing the contents of septic tanks, or for carrying swill, garbage or other liquid or partially liquid material shall not be allowed except as approved by the board of health and they shall be water tight and be kept clean and inoffensive when not in use. There shall be no privy vaults in the borough.
[Ord. 11/3/58, S3]
No room of a dwelling unit shall be used for sleeping purposes unless there are at least 200 cubic feet of air space and 25 square feet of floor space for each adult and at least 150 cubic feet of air space and 17 square feet of floor space for each child under the age of 12 years occupying such a room. No room used for sleeping purposes shall have a floor space less than 25 square feet. The use of the same sleeping room by different persons after the use of such room for sleeping purposes by any person during any 24 hour period is unlawful.
[Ord. 11/3/58, S3]
The occupancy of any dwelling unit having more than one habitable room shall not exceed an average of one and one-half persons per habitable room. For the purpose of this regulation any child under one year of age shall not be counted and any child more than one year and under 12 years shall be deemed half a person.
[Ord. 11/3/58, S3]
Garbage, including waste vegetables and animal material, which may attract flies shall not be permitted on any borough property unless the material is kept covered to prevent the access of flies and the escape of foul odors. Every dwelling and every dwelling unit shall be provided by the occupant thereof unless the owner or agent agrees to supply them with receptacles to contain all garbage, rubbish and ashes as may be necessary and all such receptacles shall at all times be maintained in good order and repair. Receptacles for garbage shall be made of metal, water tight and provided with tight covers. No person shall throw, cast, place or deposit in any stream, brook, river, well, spring or cistern in the borough any dead animal, putrid meat, garbage, offal, manure or compost or any foul or offensive substance whatever, except under the supervision of the board of health. No person shall deposit or cause to be deposited in any lands, lots, fields or other places in the borough any accumulation of ashes, garbage or other refuse matter, or any rags, bones, scraps, offal or other thing liable to become a nuisance except on permission of the board of health, which permit shall be revocable at any time.
[Ord. 11/3/58, S3]
Whenever the board of health shall have satisfactory evidence that any spring, well or cistern, the water of which is used for domestic purposes, has become polluted and rendered unsafe for use, the owner, agent or person in charge of the well, spring or cistern shall, on receipt of such notice, close the well, spring or cistern and no water shall be used therefrom until the source of pollution is removed and the use of the well, spring or cistern water is approved by the board of health. If the source of pollution cannot be removed, in such case the owner, agent or person in charge of the well, spring or cistern shall fill it up with fresh earth and discontinue the use of the water thereof.
[Ord. 11/3/58, S3]
It shall be unlawful for any person to rent, lease or otherwise permit the occupancy of any dwelling unit or for any person to reside in any building as its owner which does not comply with this section.
[Ord. 12/19/60, S3]
Any owner of property along the line of any sewer shall connect and interconnect his house or building with the sewer line. On failure to comply with the terms of this subsection, within 30 days after notice given by the board of health to make the required connections, this subsection shall be enforced by the borough board of health. Any owner of property who shall not comply with any order issued under the authority of this subsection shall be liable to the penalty clause in section BH1-2. The notice provided for herein may be served upon the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. This subsection is adopted under the powers enumerated in and pursuant to the authority in R.S. 26:3-31(d).
[Ord. 11/3/58, S4]
Whenever any dwelling or any building, structure, excavation, business pursuit, matter, condition or thing in or about a dwelling or the lot on which it is situated or the plumbing, sewage, drainage, vault or septic tank, garbage disposal, polluted water supply, light or ventilation thereof, or the infestation condition of a vacant lot is found by the health officer to be dangerous or detrimental to life or health, the health officer may order that the matter, condition or thing shall be removed, abated, suspended, altered or otherwise improved, as his order shall specify. If any such order of the health officer is not complied with within ten days after the service hereof, or within such shorter time as he may designate as being necessary, under the circumstances, then he shall order the owner, agent, or tenant to appear before the board of health to show cause why the owner, agent or tenant did not comply with the order of the health officer. If the board of health finds that any of the above conditions or things did exist, the board of health shall order that the matter, condition or thing be removed, abated, suspended, altered or otherwise improved as the board of health shall specify. If any such order of the board of health is not complied with within ten days after service thereof, or within such shorter time as the board of health may designate as being necessary, under the circumstances, then such order may be executed by the health officer and the expense incurred incident to such order shall be paid by the order of the property and shall be a municipal lien against the real property upon which the cost was incurred. When, in the opinion of the health officer, such matter, condition or thing is in such a state that it constitutes an actual menace to health, he shall cause such condition to be abated.
[Ord. 11/3/58, S4]
Before proceeding to execute such order of the board of health, the health officer shall post a notice on the front of the building, stating that since such order was not complied with within the time mentioned in the notice, the health officer shall proceed to execute the same at the expiration of an additional five days and charge the cost thereof to the owner of the premises. A copy of such notice shall be sent by registered mail, or personally served to the owner of the property or his agent, if names and addresses, on diligent search can be ascertained.
[Ord. 11/3/58, S4]
Whenever it is found by the health officer that the condition of any habitable room, dwelling or dwelling unit which has been vacated and is unoccupied does not comply in any way with this chapter, the health officer shall have the right to condemn and padlock any such room, dwelling or dwelling unit. The health officer shall remove such condemnation and padlock when the order to comply has thereafter been fully performed to the satisfaction of the health officer. Whenever the health officer finds that any dwelling constitutes a serious hazard to the health and safety of the occupants or to the public because it is dilapidated, is unsanitary, is vermin infested or is lacking in the facilities required by this chapter, he shall designate such dwelling unfit for human habitation and shall cause to be posted on the main entrance of any building so closed a placard with the following inscription: "This building is unfit for human habitation, and use or occupancy of this building for human habitation is prohibited and unlawful".
If the owner fails to remove or demolish the dwelling the health officer may cause such dwelling to be removed or demolished, the expense incurred to this order shall become a municipal lien against the real property upon which such cost was incurred. Any monies realized from sale of materials shall be credited against the costs involved in the removal or demolition and the balance shall be deposited in the Superior Court of New Jersey, Chancery Division to be disbursed by such court to the person found to be entitled thereto as such court may direct provided, nothing in this subsection shall be construed to impair or limit in any way the power of the borough to define and declare nuisances and not cause their removal or abatement, by summary proceeding or otherwise.
[Ord. 11/3/58, S4]
The health officer is authorized and directed to make inspections to determine compliance with this code. He may enter and examine a dwelling, yard, or part thereof at all reasonable times. No owner, tenant, agent, or person shall obstruct or interfere with the health officer or other employees of the board of health in the performance of their duty in the enforcement of this chapter. The health officer shall also have authority to administer oaths, affirmations, examine witnesses and receive evidence; to appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter; and to delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
[Ord. 6/5/67, S1 & S2]
Each owner of property along the line of any sewer in the borough shall connect his house or other building with the sewer line. Whenever the board of health of the borough determines that there is a failure of compliance with this section, it shall order compliance therewith and shall cause a notice of the order to be served by the sanitary inspector of the board of health upon such person who does not comply with this section. Such notice may be served upon the property owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years.
[Ord. 87-2; Ord. 013-94]
Be it ordained by the mayor and Common Council of the Borough of Sussex that the food handlers permit fee will be as set forth in subsection 24-1.10.