City of Bridgeton, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bridgeton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Noise associated with animals — See Ch. 83, § 83-6.
Unfit buildings — See Ch. 103.
Vehicles parked in emergency lanes —  See Ch. 141.
Littering — See Ch. 203.
Noise — See Ch. 226.
Property maintenance — See Ch. 265.
Rental property — See Ch. 277.
[Adopted 11-4-1970 as Ch. XIX of the 1970 Code]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal of abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950 (N.J.S.A. 26:3-69.1 et seq.). A copy of the code is annexed hereto and made a part thereof without the inclusion of the text thereof herein.
The code established and adopted by this article is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the office of the Clerk of the City and will remain on file in such office for the use and examination of the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Public Health Nuisance Code is amended in Section 1.1 to read as follows:
"1.1.  Enforcing officials shall mean and include regular and special patrolmen and superior officers of the Police Department of the City of Bridgeton, the Division of Housing and and Code Enforcement, the Health Officer, or any other official authorized by the City Council to enforce this code and chapter."
Violations of the provisions of this article shall be punishable as provided in Chapter 1, Article III, General Penalty.
[Adopted 12-2-2002 by Ord. No. 02-6]
As used in this article, the following terms shall have the meanings indicated:
OWNER
Any person, group of persons, firm, corporation, or officer thereof, partnership, association, trust, or other legal entity who owns, operates, exercises control over or is in charge of a rental property or owner-occupied property.
RESIDENTIAL RENTAL PROPERTY
A building, group of buildings, or a portion thereof which contains one or more individual apartments which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals and is meant to include one or more individual apartments. A property shall be presumed to be a rental property is a lease exists for the property; there is written proof of rent being paid thereon or the property is registered as a rental property.
OWNER-OCCUPIED DWELLING
Any structure which the owner thereof occupies, uses, or allows to function or be occupied as a domicile or home other than as a rental property.
Any of the notices required by this article shall be deemed to be lawfully served if such notice is personally served upon the individual named, or sent via regular mail to the individual named at the last known address without return, or by posting or affixing a copy of the same upon the door or other conspicuous part of such premises. Such posting shall be deemed to be lawful service.
A residential rental property whose tenant(s), occupants(s) or guest(s) shall be so disorderly as to disturb the peace and quiet of the landlord or other tenant(s) and occupant(s) living in the dwelling or the neighborhood shall be rebuttably resumed to be a nuisance house if any of the following have occurred within 12 months prior to the filing of any charge regarding a premises being a nuisance house:
A. 
A residential rental property whose tenant(s), or occupant(s) have been convicted of a second or subsequent offense of overcrowding; or
B. 
A residential property whose tenant(s), occupant(s) or guest(s) have been convicted of a second or subsequent offense for violation or noise ordinances or other disorderly conduct ordinances of the City of Bridgeton; or
C. 
A residential property whose tenant(s), occupant(s) or guest(s) have been convicted of a second or subsequent offense for public drunkenness in or about the residential rental property; or
D. 
A residential property whose tenant(s), occupant(s) or guest(s) have been convicted of a second or subsequent offense for a disorderly persons offense or criminal offense as defined by statute in or about the residential rental property; or
E. 
A residential property whose tenant(s), occupant(s) or guest(s) have been convicted for any drug or controlled substance(s) related offense in or about the residential rental property; or
F. 
A residential property whose tenant(s), occupant(s) or guest(s) have been convicted for prostitution or solicitation for same in or about the residential rental property; or
G. 
A residential property whose tenant(s), occupant(s) or guest(s) have been convicted of a third or subsequent offense under Chapter 265, Article II, §§ 265-7 regarding debris, litter, trash, abandoned, inoperable, untagged, illegally parked motor vehicles in or about the residential rental property.
H. 
A residential property whose tenant(s), occupant(s) or guest(s) have been responsible for persistent police reports of criminal activity or dangerous activity.
[Added 1-7-2014 by Ord. No. 13-11]
An owner-occupied dwelling, whose owner(s) or occupant(s) shall be so disorderly as to disturb the peace and quiet of the neighborhood by the following, shall be rebuttably presumed to be a nuisance house if any of the following have occurred within 12 months prior to the filing of any charge regarding a premises being a nuisance house:
A. 
An owner-occupied dwelling whose owner(s) or occupant(s) have been convicted of a second or subsequent offense for violation of noise ordinances or prior disorderly conduct ordinances of the City of Bridgeton; or
B. 
An owner-occupied dwelling whose owner(s) or occupant(s) have been convicted of a second or subsequent offense for public drunkenness on or about the owner-occupied dwelling; or
C. 
An owner-occupied dwelling whose owner(s) or occupant(s) have been convicted of a second or subsequent offense for disorderly persons offense or criminal offense as defined by statute in or about the owner-occupied dwelling; or
D. 
An owner-occupied dwelling whose owner(s) or occupant(s) have been convicted for any drug or controlled substance(s) related offense in or about the owner-occupied dwelling; or
E. 
An owner-occupied dwelling whose owner(s) or occupant(s) have been convicted for prostitution or solicitation for same in or about the owner-occupied dwelling; or
F. 
An owner-occupied dwelling whose owner(s) or occupant(s) have been convicted of a third or subsequent offense under under Chapter 265, Article II, §§ 265-7 regarding debris, litter, trash, abandoned, inoperable, untagged, illegally parked motor vehicles in or about the owner-occupied dwelling.
G. 
An owner-occupied dwelling whose owner(s) or occupant(s) or guest(s) have been responsible for persistent police reports of criminal activity or dangerous activity.
[Added 1-7-2014 by Ord. No. 13-11]
A. 
Any owner of a residential rental property which has been deemed a nuisance house as set forth in this article shall be subject to the following:
(1) 
Upon written notification, the owner of a residential rental property that has been deemed by the Municipal Court to be a nuisance house as set forth in this article shall take those actions required by law to evict the tenants(s), occupant(s) or guest(s) from that residential rental property. The landlord shall give notice of such act with a copy of the complaint and date of hearing and shall allow the City's representative to appear and testify therein.
(2) 
A landlord who refuses to take those actions required by law, after 30 days' written notice to evict the tenant(s), occupant(s) or guest(s) from a residential rental property that has been deemed by the Municipal Court to be a nuisance house as set forth in this article or who fails to otherwise successfully correct said violations, shall be subject to fines (pursuant N.J.S.A. 40:49-5) of not less than $100 and not more than $1,250 and/or imprisonment in the county jail for up to 90 days at the discretion of the Municipal Court Judge. Each day during which a failure to take action continues shall constitute a separate violation.
B. 
Any owner of an owner-occupied dwelling which has been deemed a nuisance house as set forth in this article shall be subject to the following: Upon written notification, the owner-occupant of a residential dwelling who fails to cease and desist from unlawful actions or who fails to cause such unlawful actions to cease or who fails to remediate violations as set forth in § 230-8 of this article shall be subject to fines (pursuant to N.J.S.A. 40:49-5) of not less than $100 and not more than $1,250 and/or imprisonment in the county jail for up to 90 days at the discretion of the Municipal Court Judge. Each day during which a failure to take action continues shall constitute a separate violation.
Written notice of conviction of the offenses set forth under §§ 230-8 and 230-9 hereof shall be given to owners of residential rental properties and owner-occupied dwellings by the City of Bridgeton Housing Department at least 30 days prior to a complaint for violation of this article is issued.
In the event that the Municipal Court finds that a defendant charged with violation of this article is maintaining a nuisance house which is creating an immediate danger to the public health, safety and welfare, and such defendant has failed to appear and respond to the summons or orders of the Court, the Municipal Court may order that such house be boarded and locked from human occupancy, and the costs thereof may be placed against the real estate as a lien.