[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 139.
Animal nuisances — See Ch. 174, Art. II.
Heating requirements — See Ch. 218.
Littering — See Ch. 242.
Multiple dwellings — See Ch. 260.
Property maintenance — See Ch. 299.
Noise — See Ch. 266 and Ch. 322, Art. XIV.
Sanitation — See Ch. 322.
Solid waste disposal — See Ch. 348.
Storage of vehicles — See Ch. 391.
[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]
Any person who violates or neglects to comply with any provision of this chapter or the code established herein or notice issued thereto, shall, upon conviction thereof, be liable to the penalties provided for in Chapter 1, General Provisions, Article I.
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.