[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-1967 by Ord. No. 970]
[Amended 10-19-1977 by Ord. No. 1261]
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 or abatement of certain nuisances and recovery of
expenses incurred by the town in removing or abating such nuisances and prescribing
penalties for violations is hereby established pursuant to Chapter 188, Laws
of 1950.[1] A copy of said code is annexed hereto and made a part hereof without
the inclusion of the text thereof herein.
[1]
Editor's Note: N.J.S.A. 26:3-69.1 et seq.
The said code established and adopted by this chapter is described and
commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the said Public Health Nuisance Code of New Jersey (1953)
have been placed on file in the office of the Town Clerk upon the introduction
of this chapter and will remain on file there for the use and examination
of the public.
[Amended 10-19-1977 by Ord. No. 1261]
All fees, penalties and moneys collected under any provision of this
chapter or the code established herein shall be paid to the Treasurer of the
municipality.
[Adopted 3-19-1986 by Ord. No. 1711]
|
WHEREAS, there are buildings in West New York where the owner maintains
a nuisance or refuses to correct defects or put the premises in proper condition
and, thus, continues to permit such buildings to be a detriment to the public
health, safety and welfare; and
|
|
WHEREAS, in certain instances in the discretion of the municipality
as exercised by Resolution, it is essential for the town, in the public interest,
to expend municipal funds to cure such nuisance or defect and charge same
against the premises as a lien, as provided in N.J.S.A. 40:48-2.12f; and
|
|
WHEREAS, N.J.S.A. 40:48-2.12g, h, i and j provides for a receivership
procedure for a municipality to collect funds expended for these purposes;
|
|
Now therefore, be it ordained by the Mayor and Board of Commissioners
of the Town of West New York, as follows:
|
A.
Pursuant to N.J.S.A. 40:48-2.12f, the Town of West New
York may, by a resolution of the governing body in each instance, abate a
nuisance, correct a defect or put a premises in proper condition so as to
comply with the requirements of any municipal ordinance or state law applicable
thereto.
B.
The same shall be done by the municipality at the cost
of the owner or lessor of the building. The Town of West New York shall initially
expend municipal funds for such purposes but charge the same against the offending
premises, and the amount thereof as determined by the Mayor and Board of Commissioners
of the Town of West New York shall be a lien against said premises to be levied,
collected and enforced in any manner as provided by law.
The provisions of N.J.S.A. 40:48-2.12g, h, i and j which provide for
a receivership procedure and action are hereby incorporated herein by reference
as if fully set forth at this point. Said receivership procedure or action
shall be utilized in the discretion of the Mayor and Board of Commissioners
by appropriate resolution in each instance. Further, nothing herein shall
in any manner limit the remedies of the Town of West New York to enforce or
collect its lien in any manner or by any other procedure.
Pursuant to N.J.S.A. 40:48-2.12b, nothing contained herein shall in
any manner limit or deter the enforcement of any other laws or authority governing
the construction and maintenance of building and structures, local health
ordinances and the removal or destruction of buildings and structures and
parts thereof endangering the public health and safety.
