[HISTORY: Adopted by the City Council of
the City of Bridgeton as indicated in article histories. Amendments
noted where applicable.]
[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.
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."
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[Adopted 12-2-2002 by Ord. No. 02-6]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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
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
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.
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.