[Ord. No. BOH 2008-1 § I]
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. Alleged infractions of the provisions
and standards set forth will be investigated by an enforcing official
in each case presented. 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. BOH 2008-1 § I,
BH2-1]
ABANDON
Shall mean to desert, ignore, and fail to maintain a property
in a safe, habitable condition.
ACCUMULATION
Shall mean the gathering together and increasing in amount
over a period of time.
ASHES
Shall mean the residue from the burning of wood, coal or
other combustible materials.
ATTRACTIVE NUISANCE
Shall mean a potentially harmful object on or condition of
the land that, by its features, tends to lure children or others.
BOARD OF HEALTH
Shall mean the Borough Board of Health of the Borough of
Hopewell.
BOROUGH
Shall mean the Borough of Hopewell, County of Mercer, and
State of New Jersey.
BUILDING
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.
BUILDING CODE
Shall mean the New Jersey Uniform Construction Code of N.J.A.C.
5:23-1 et seq.
COMMERCIAL ACTIVITY
Shall mean any activity which is not a residential use or
activity and includes, but is not limited to, gasoline stations, retail
sales, professional activities including but not limited to medical,
dental, legal, architectural, accounting, etc., personal services
including real estate, insurance, barbershops, hairdressers, nail
salons, etc., nurseries, landscaping businesses, farm stands, repair
shops of all kinds, and amusements including but not limited to movies,
skating rinks, bowling alleys etc., whether part of a shopping area
or not and any other nonresidential use or activity.
COMMERCIAL PREMISES
Are as defined in the Borough Zoning Ordinances and/or is
any tract of land on which or on part of which commercial activity
of any kind takes place.
CONTRACTOR
Shall mean a person engaged in any business or service, including
construction, repairing, refurbishing, remodeling or the demolition
of buildings or grounds within the Borough.
DEVELOPED PROPERTY
Shall mean any premises on which a structure has been erected
or other improvements have been made.
DWELLING
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the
case.
ENFORCING OFFICIALS
Shall mean and include the Health Officer, Registered Environmental
Health Specialist, Animal Control Officer, Zoning Officer, Construction
Official, Fire Official or other official authorized by the Borough
Board of Health to enforce this chapter.
EXTERIOR PROPERTY
Shall mean any space located between property boundary lines
of the tax lot in question or the boundaries of any contiguous tax
lots and any structure on the property.
EXTERMINATION
Shall mean the control and elimination of insects, mice,
rats and other pests by eliminating their harborage places; by removing
or making inaccessible materials that serve as their food; by poison
spraying, fumigating and trapping or by any other approved pest elimination
methods.
GOOD REPAIR
Shall mean the structure is maintained in such a manner that
there is no evidence of deterioration, or damaged or loose elements,
and where appropriate, is capable of preventing the elements (rain,
snow, wind) and rodents from entering the interior areas.
HAZARDOUS MATERIALS
Shall mean wastes presenting a danger to health and safety
by reason of their pathological, explosive, radiological or toxic
characteristics.
INFESTATION
Shall mean the presence, within or contiguous to, a structure
or premises of insects, mice, rats, vermin or other pests quantities
large enough to constitute health threat.
INSECTS
Shall mean those insects that have public health significance
for disease transmission, property damage, such as cockroaches, ticks,
mosquitoes, lice, bedbugs and termites etc.
NOISE
Shall be defined by the Noise Control Act or N.J.S.A. 13:1G,
Noise Control Regulation N.J.A.C. 7:29 and the Model Noise Control
Ordinance, or Hopewell Borough Noise Ordinance and or any prohibitive
activities in this chapter.
NONRESIDENTIAL USER
Shall mean any type of commercial, industrial or similar
activity, whether or not operating for a profit, occupying premises
within the Borough and creating solid waste in any form.
NOXIOUS WEEDS
Shall mean any plant designated by a Federal, State or County
government as injurious to public health, agriculture, recreation,
wildlife or property. A noxious weed may be native or non-native,
invasive or non-invasive and may also be commonly defined as a plant
that grows out of place and is competitive, persistent, and pernicious.
Examples include but are not limited to ragweed, poison ivy or oak,
thistle, and multiflora rose.
OCCUPANT
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the
case.
OWNER
Shall be defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq.; New Jersey Uniform
Fire Code N.J.A.C. 5:70 et seq., as may be the case.
PERSON
Shall mean and includes an individual, firm, corporation,
association, society, partnership, and their agents or employees.
PREMISES
Shall mean a house or building, together with its land and
outbuilding.
PUBLIC HEALTH CONCERN
Shall mean any matters, conditions or things that cause worry,
solicitude, or anxiety for the health, safety and welfare of the public
due to their dangerous or unsanitary nature.
PUBLIC RESTROOM
Shall mean a room equipped with toilet facilities unarguably
intended for public use in all public facilities and in establishments
where commercial activity takes place.
RESIDENT
Shall mean any person occupying or maintaining a place of
residence within the Borough.
RESIDENTIAL USE
Shall mean a dwelling unit, such as a home, condominium,
trailer or a multifamily dwelling of two or more units.
RODENTS
Shall mean those rodents that have public health significance
for disease transmission, property damage such as mice, rats, bats
and other burrowing rodents, etc.
SOLID WASTE
Shall mean any trash, garbage, junk, rubbish, refuse, litter,
debris and other materials that when dumped, deposited, accumulated
or abandoned create conditions of public health concern. This term
shall include any animal or vegetable waste solids resulting from
the handling, preparation, cooking or consumption of foods; discarded
material such as; glass, wood, yard debris, grass/brush clippings,
stone, concrete, plastic, ashes, cloth, rags, paper, metal, tires,
street cleanings, dead animals, manure, appliances, furniture, equipment,
automobiles, solid market wastes, construction materials, industrial
wastes, chemical wastes, recyclable materials and containers, and
all discarded appliances.
USABLE MATERIALS
Properly stored are nonperishable materials stored for new
construction or other items intended to be used within 30 days and
are stored off the ground and maintained in such a manner that they
do not provide habitat for insects or rodents.
WATER DRAINAGE AND ACCUMULATION
Shall mean the runoff, discharge or drainage of water from
any premises or building which results in the accumulation of stagnant
water. This subsection shall not apply to water retention areas and
or reservoirs approved by the municipal engineer.
WEEDS
Shall mean the growth, existence or presence of any noxious
weeds of any height, or the growth, existence or presence of any other
weeds or plant growth in excess of 10 inches. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, this term shall not include cultivated
flowers, landscaped areas and gardens.
[Ord. No. BOH 2008-1 § I,
BH2-2]
a. Any matter, thing, condition or act which after investigation by
the Health Officer or other enforcing official is deemed to be injurious,
detrimental or a menace to the public health or environment or is
deemed to be an annoyance or interfere with the comfort or wellbeing
of the inhabitants of the Borough is hereby declared to be a nuisance
and shall include but not be limited to the following:
1. Pollution or the existence of a condition or discharge or release
which causes or threatens pollution of any surface water or subsurface
water of the Borough.
2. The escape or entrance into open air/outdoor environment from any
stack, vent chimney, process or from any fire of such quantities and
duration of smoke, fly ash, dust, fumes, vapors, mists, or gases that
tend to be injurious to human health or welfare, animal or plant life
or property, or would unreasonably interfere with the enjoyment of
life or property throughout the Borough.
3. The growth, existence or presence of ragweed, of 10 inches in height
or greater, or in such a quantity so as to cause damage or injury
to adjacent properties or, or be a public health concern, on any plot
of land, lot, highway, street, sidewalk, right-of-way or any other
public or private place within 200 feet of an occupied dwelling.
4. The growth, existence or presence of poison ivy, of 10 inches in
height or greater, or in such a quantity so as to cause damage or
injury to adjacent properties or, or be a public health concern, within
20 feet of an adjoining property line of an occupied residential or
commercial property, sidewalk or right-of-way.
5. The growth, existence or presence of any weeds or noxious weeds,
of 10 inches in height or greater, or in such a quantity so as to
cause damage or injury to adjacent properties or, or be a public health
concern, on any approved residential or commercial property with the
exception of approved State, County or local designated conservation
areas or other restricted use areas. Subdivision lots approved but
not issued final certificate of occupancy are included.
6. All residential and commercial lawn areas are to be maintained and mowed and may not exceed 10 inches in height. Areas allowed to return to natural conditions must be approved by the Health Department per section
BH2-4 of this chapter.
7. The existence or presence of dead and dying trees or limbs on any
land within 50 feet of an adjoining dwelling or within 20 feet of
an adjoining residential property line.
8. Any dead or dying tree that harbors insects or rodents.
9. The presence on any plot of land, highway, street, right-of-way or
any other public or private place of any solid waste, but excluding
usable materials properly stored. The practice of composting shall
not fall within the meaning of this section, provided that such compost
pile, mound or area is maintained on one's own private property
and is properly maintained so as not to present offensive odors, the
breeding or harborage of flies or other insects, rodents, vermin or
any other public health nuisance.
10. 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.
11. The existence or presence of any accumulation of solid waste which
may attract insects, rodents or other vermin and to which insects,
rodents or other vermin may have access, or in which they may breed
or dwell.
12. The existence or presence of any water or other liquid in which mosquito
eggs, larvae or pupae exist or of any condition which allows water
to lie, pond, stand or otherwise accumulate so as to provide a breeding
environment for mosquitoes. The meaning of this section shall not
apply to ponds where fish are adequately maintained so as to preclude
the breeding of mosquitoes. This section shall not apply to fountains
or swimming pools which maintain adequate circulation to preclude
the breeding of mosquitoes.
13. 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.
14. The existence or maintenance of any condition which may reasonably
constitute a safety hazard, an attractive nuisance or otherwise present
a threat to the safety and well-being of the inhabitants of the Borough
or of the public at large, including but not limited to the following:
(a)
Any vacant building which is not adequately sealed, boarded
up or otherwise secured so as to preclude the entry of inquisitive
minors or others.
[See also the New Jersey Fire Code.]
(b)
Any excavation, depression, hole, shaft, abandoned or unused
well which is of such depth or dimension so as to present a hazard
in terms of one falling into or being entrapped therein and which
has not been adequately fenced or sealed so as to prevent injury or
harm.
(c)
Any discarded refrigerator, cabinet, automobile or other piece
of equipment, machinery, device or material which may offer or present
an enclosure and a hazardous attraction to children or others which
has not been properly sealed or discarded.
(d)
Any dead or dying trees or limbs in such proximity to a dwelling,
building, street, sidewalk, pathway, right-of-way, thoroughfare, driveway,
park, playground or other frequented area where the falling of the
tree or part thereof would endanger life, threaten injury or damage
property.
15. The willful abandonment of any domestic animal within the boundaries
of the Borough.
16. Accumulation and storage of solid waste on any private or commercial
property unless properly contained or stacked for disposal for 14
days or more.
17. Placement of solid wastes at curb for more than five days prior to
scheduled pick up date. All items must be removed after the 5th day
if not collected due to weather or the fault of the hauler. Nonpayment
of contractor for these services is not an acceptable reason for allowing
items to remain.
18. Any sidewalk, walkways, driveway, parking spaces or similar area containing cracks, pothole, or other defect which creates a hazardous condition or which is obstructed by plant growth or other natural or artificial barrier. In accordance with Section
8-7 "Sidewalk Maintenance" of the Revised General Ordinances of the Borough of Hopewell, 1975.
19. The runoff, sump pump discharge or drainage of water from any premises
of building which results in the accumulation of ice, stagnant water
or discharges on public roadways or onto an adjoining property in
an uncontrolled (via pipe or swale) manner without permission of adjoining
property owner. This paragraph shall not apply to water retention
areas when properly maintained and cleaned of silt and debris and
or reservoirs approved by the Borough officials.
20. Public restroom shall be kept in good repair; all surfaces of fixtures,
walls and floors are cleaned on a regular schedule and must be provided
with running hot and cold water of adequate pressure per plumbing
code. A supply of toilet paper, soap and hand drying supplies or equipment
shall be provided at all times. Hand washing signs shall be posted.
b. It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance, as declared and described in this section.
[Ord. No. BOH 2008-1 § I,
BH2-3]
a. Whenever cultivated farm land is no longer actively farmed and considered
for development or conversion to preserved open space there is a tendency
to allow these lands to convert back or to go unmowed, to the extent
that they are creating a public health nuisance with such condition
including wildlife harborage and nuisance weeds problems for both
adjoining residential lot owners and farmers. Therefore, these lands
are to be stabilized with appropriate vegetation, pre-emergent weed
control or mowed.
b. In residential subdivisions the owner, tenant or occupant of lands
may make an application to the Health Department to allow land to
revert back to its natural condition, but in such a manner that will
not allow for the establishment of noxious weeds or rodent harborage.
Reforesting with 1.5 to two-inch diameter or larger assorted pines
and hard wood trees is recommended. Wildflower areas are to be maintained
and mowed annually.
c. The application will require submission of a survey of the subject
land.
d. The plan must be consistent with recommendation of the Horticulturist
from Rutgers Cooperative Research and Extension of Mercer County.
[Ord. No. BOH 2008-1 § I,
BH2-4]
a. It shall be unlawful for the owner of any building to allow occupancy
of any structure as a residence which is not in compliance with the
New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.; Regulations
for the Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1
et seq.; Regulations Governing Rooming and Boarding Houses, N.J.A.C.
5:27-1 et seq.; New Jersey State Housing Code, N.J.A.C. 5:28-1 et
seq., as may be the case.
b. It shall be unlawful for the owner of any building to allow occupancy
as a business commercial or industrial establishment which is not
in compliance with the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1 et seq. and/or where the New Jersey Department of Labor and
Industry or the United States Occupational Safety and Health Act provides
otherwise.
[Ord. No. BOH 2008-1 § I,
BH2-5]
a. All places and premises in this Borough shall be subject to inspection
by the Health Officer or other enforcing official if that official
has reason to believe that any section of this chapter is being violated.
b. It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent the Board of Health or other enforcing official upon presentation
of identification from having full access to any place or premises
upon which a violation of this Code is believed to exist. In the event
that entry to any place or premises is denied by any owner or tenant,
the enforcing official shall obtain the appropriate warrant for entry
through the Municipal Court.
[Ord. No. BOH 2008-1 § I,
BH2-6]
a. Whenever a nuisance as declared by Section
BH2-3 of this chapter is found on any plot of land, lot right-of-way or any other premises or place, a violation shall be given to the owner, in writing, to remove or abate the same within such time as shall be specified herein but not less than five days from the date of service thereof. Notice to the owner, or the violation and the time to abate, shall be deemed complete as of the date of the violation notice if served personally on the property owner. Notice to the owner, of the violation and the time to abate, shall be deemed complete three days after the date on the violation notice, if served by regular first class mail, or posted at or on the subject premises.
If the owner resides out of State or cannot be notified speedily,
such notices shall be left at the place or premises with the tenant
or occupant or posted on the premises, and such action shall be considered
proper notification to the owner, tenant or occupant. Notice to the
owner, tenant or occupant, of the violation and the time to abate,
shall be deemed complete as of the date of the violation notice, if
served personally on the tenant or occupant. Notice of the violation
and the time to abate, shall be deemed complete three days after the
date on the violation notice, if served by regular first class mail,
or posted at or on the subject premises.
b. Whenever a nuisance as declared by Section
BH2-3 of this chapter is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge to remove or abate the same within such time as shall be specified herein.
c. The cost of abatement shall be borne by the property owner.
d. 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 hereinafter
provided.
[Ord. No. BOH 2008-1 § I,
BH2-7]
Whenever the owner, tenant or occupant notified has not complied
with the 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:
a. Such costs and expenses shall be certified to the Tax Assessor and
shall become part of the taxes next assessed against the premises
upon which the nuisance or condition was located;
b. Where it is not possible or practical to proceed under paragraph
a the cost or expense shall be recovered in an action at law in any
court of competent jurisdiction;
c. 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. BOH 2008-1 § I,
BH2-8]
The provisions of this chapter shall be enforced by the Health
Officer or other enforcing officials as defined herein. 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: 58-1
et seq.). Process shall be in the nature of a summons or warrant and
shall be issued by those authorized by the local Board of Health.
[Ord. No. BOH 2008-1 § I,
BH2-9.1]
Any person who shall violate any provision of this Code 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 to a period of community service not exceeding 90 days
at the discretion of the Judge of the Municipal Court.
[Ord. No. BOH 2008-1 § I,
BH2-9.2.1]
The Borough Committee may prescribe that, for the violation
of any particular Code provision or ordinance, a minimum penalty may
be imposed which may consist of a fine which may be fixed at an amount
not exceeding $100.