[Ord. No. 2002-23; Ord. No. 2003-05; Ord.
No. 2005-11; Ord. No. 2012-08; Ord. No. 2014-03; Ord. No. 2015-10; Ord.
No. 2015-16; Ord. No. 2017-02; Ord. No. 2018-04]
The following terms, wherever used or referred to in this code,
shall have the respective meanings assigned to them unless in a different
context:
ACCESSORY STRUCTURE
A building or use that is: (a) on the same lot as; or (b)
subordinate to; and (c) under the same ownership of control as; and
(d) used for the purpose customarily incident to the use of the main
building.
DEBRIS (See also "garbage," "junk," "litter," and "rubbish")
Any grass, leaves, yard waste, parts of trees, stumps or
any other similar material, construction waste, scrap lumber, scrap
metal or any other similar material.
DETERIORATION
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
EXTERIOR OF THE PREMISES
Those portions of a building which are exposed to view either
from the street or public way, or from a neighboring property, and
the open space of any premises outside of any building erected thereon.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
JUNK (See also "debris," "garbage," "litter," and "rubbish")
Any portions, parts or wholes of any usable or formerly usable
item, including, but not limited to mattresses, bedding, furniture,
inoperable lawnmowers and combustion engine devices, inoperable machinery,
appliances or parts thereof, automobile parts, rubber tires, broken
toys, bicycles or any similar material.
LITTER (See also "debris," "garbage," "junk," and "rubbish")
Any used or unconsumed substance or waste material which
has been discarded, including, but not limited to, any bottle, jar
or can, or any top, cap or detachable tab of any bottle, jar or can,
any lit or unlit cigarette, cigar or match, or any used petroleum
products or other materials that are deemed hazardous by the New Jersey
Department of Environmental Protection, or any garbage, rubbish, debris,
newspaper, magazines, glass, metal, plastic or paper containers, or
other packaging or construction material.
NUISANCE
A.
Any public nuisance known as common law or in equity jurisprudence,
or as provided in the statutes of the State of New Jersey, or in the
ordinances of the Borough of Hightstown.
B.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building or on an occupied or
vacant lot. This includes, but is not limited to, abandoned wells,
shafts, basements, excavations, abandoned freezers or refrigerators,
any structurally unsound fences or structures, scrap lumber, construction
lumber, garbage, junk or debris.
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
D.
Unsanitary conditions or conditions which render air, food or
drink detrimental to the health of human beings.
OCCUPANT
Any person living in, sleeping in, or having actual possession
of a dwelling unit or rooming unit.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises with or without
accompanying actual possession thereof; or shall have charge, care
or control of any dwelling or dwelling unit, as owner or agent of
the owner, or as fiduciary, including but not limited to: executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a mortgagee in possession regardless of how much
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any dwelling unit shall be deemed to
be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
PREMISES
A lot, plot or parcel of land including the buildings or
structures thereon.
RUBBISH (See also "garbage")
All putrescible and nonputrescible solid wastes consisting
of both combustible and noncombustible wastes, including, but not
limited to, garbage, ashes, street cleanings, dead animals, abandoned
automobiles, solid market and industrial wastes, paper and paper products,
wrappings, cigarettes, aluminum cans, bottles, containers, yard clippings,
leaves, wood, glass, bedding, pottery and similar materials.
STRUCTURE
Anything that is built or constructed and permanently affixed
on or under the ground or upon another structure or building.