[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:
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.
Shall mean a group of rooms intended to be occupied by one
family or household as their home and where they sleep.
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.
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.
Shall mean any person, including the owner or operator, living
or sleeping in a dwelling unit.
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.
