Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Township of Montclair as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animal raising as a nuisance — See Ch. 82, Art. IV.
Injurious plant growth — See Ch. 100, Art. II.
Unfit buildings — See Ch. 108.
Open burning — See Ch. 153.
Head shops — See Ch. 170, Art. II.
Health standards — See Ch. 186.
Multifamily buildings — See Ch. 213.
Property maintenance — See Ch. 247.
[Adopted 5-23-2000 by Ord. No. 00-19]
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 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 Council in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.2. A copy of said code is annexed hereto and made a part hereof 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 said Public Health Nuisance Code of New Jersey have been placed on file in the office of the Municipal Clerk upon the introduction of this article and will remain on file there for use and examination of the public.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Adopted 7-16-2013 by Ord. No. O-13-33]
For the purpose of this article, the following words or phrases shall have the meaning prescribed below:
ABATE
To repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation of this ordinance to the extent necessary in the interest of general health, safety and welfare of the community.
ABATEMENT PLAN
A plan, developed by the property owner in cooperation with the Police Department, outlining the steps the property owner will take to abate the nuisance violations.
CHRONIC NUISANCE PROPERTY
Property on which any combination of three or more nuisance activities has occurred in a calendar year.
NUISANCE ACTIVITIES
A violation of Title 2C, the New Jersey Criminal Code of Justice, and/or municipal ordinances.
A. 
Whenever the Chief of Police determines that three or more nuisance activities have occurred at the premises during a twelve-month period, the Chief may notify the premises' owner in writing. In determining the requisite number of nuisance activities, the Chief may count separate qualifying activities occurring on the same day (as long as they are distinct in time). Nuisance activities reported by the owner shall not be counted toward the requisite number of nuisance activities.
B. 
The notice shall contain:
(1) 
The street address or legal description sufficient to identify the premises.
(2) 
A description of the nuisance activities that occurred on the premises.
(3) 
A notice of appeal rights of the owner.
(4) 
A copy of the Nuisance Premises Ordinance.
The notice shall be deemed to be properly delivered if sent either by certified mail to the property owner listed in the Township's tax records or delivered in person to the property owner.
Any owner receiving notice pursuant to this article shall meet with the Chief of Police, or his/her designee, within five business days of receipt of such notice. The parties shall review the problems occurring at the property and develop an abatement plan to end the nuisance activity on the property. The plan shall also specify a name and contact information for a responsible person who can be contacted in the event of further police, fire, or inspection contact.
Failure by the owner to adhere to the abatement plan shall make the owner subject to fines in the amount as follows: not less than $500 for each offense. Every day that the violation continues shall constitute a separate and distinct offense.