[HISTORY: Adopted by the Township Committee
of the Township of Harrison 10-4-2004 by Ord. No. 37-2004. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meaning set forth:
The Gloucester County Health Department, the Township health
officer or other official authorized by the Township Board of Health
to enforce this chapter, or any other officer with the authority to
enforce this chapter.
A.
Nuisances defined. The following matters, things,
conditions or acts, and each of them, are hereby declared to be a
nuisance and injurious to the health of the inhabitants of this Township:
(1)
Pollution, or the existence of a condition or conditions
which cause or threaten pollution, of any waters in this Township
in such manner as to cause or threaten injury to any of the inhabitants
of this Township either in their health, comfort or property.
(2)
The escape into the open air from any stack, vent,
chimney or any entrance to the open air, or from any fire into the
open air, of such quantities of smoke, fly ash, dust, fumes, vapors,
mists or gases as to cause injury, detriment or annoyance to the inhabitants
of this Township or endanger their comfort, repose, health or safety.
(3)
The growth, existence or presence of ragweed on any
plot of land, lot, highway, right-of-way or any other public or private
place.
(4)
The growth, existence or presence of poison ivy within
20 feet of any property line.
(5)
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
(6)
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter which may attract flies
and to which flies may have access, or in which fly larvae or pupae
breed or exist.
(7)
Depositing, accumulating or maintaining any matter
or thing which serves as food for insects or rodents and to which
they may have access, or which serves or constitutes a breeding place
or harborage for insects or rodents in or on any land, premises, building
or other place.
B.
Nuisances prohibited. It shall be unlawful for any
person or persons to commit, maintain or allow any nuisance, as declared
and described in this chapter.
A.
Right of inspection. All places and premises in the
Township shall be subject to inspection by the Township Board of Health
and the enforcing official, if the Board or that official have reason
to believe that any provision of this chapter is being violated.
B.
Obstruction of inspection. It shall be unlawful for
any person to hinder, obstruct, delay, resist or prevent the Township
Board of Health or the enforcing official from having full access
to any place or premises upon which a violation of this chapter is
believed to exist.
A.
Notice to abate:
(1)
Whenever a nuisance, as defined by § 146-2 is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
(2)
If the owner resides out of the state or cannot be
so notified speedily, notice as above provided shall be left at the
place or premises with the tenant or occupant thereof, or posted on
the premises and such action shall be considered proper notification
to the owner, tenant or occupant thereof.
B.
Abatement of nuisance on public property. Whenever a nuisance, as defined in § 146-2, is found on any public property, on any highway or any other public premises or place, notice, in writing, shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Township Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a condition existing on a private premises or place.
C.
Abatement of nuisance on private property. If the
owner, tenant or occupant, upon being notified as provided in this
section, does not comply with such notice within the time specified
therein and fails to remove or abate such nuisance, the Township Board
of Health shall proceed to abate the nuisance or may cause it to be
removed or abated in a summary manner by such means as the Board shall
deem proper.
D.
Recovery of costs. The Township Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance, as defined in § 146-2, from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant or occupant of such premises who, after notice and notification as herein proved, fails to remove and abate the same within the time specified in such notice.
[Amended 6-16-2008 by Ord. No. 18-2008]
Whenever a violation of this chapter occurs,
or is alleged to have occurred, any person may file a written complaint.
Any person who violates, or neglects to comply
with any provision of this section or any notice issued pursuant thereto,
upon conviction thereof, shall be liable to a penalty of not less
than $100 nor more than $1,250 for each violation.
