[HISTORY: Adopted by the Township Committee of the Township of Bethlehem 5-1-2003
by Ord. No. 68-2-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 94.
Littering — See Ch. 106.
Abandoned vehicles — See Ch. 144.
Animals — See Ch. 158.
[1]
Editor's Note: This ordinance also repealed former Ch. 172, Nuisances,
adopted by the Board of Health 5-29-1964 by Ord. No, 45, as amended.
As used in this chapter, the following terms shall have the meanings
indicated:
The Code Enforcement Official or other official authorized by the
Board of Health to enforce this chapter.
Its generally accepted term other than as it exists in a stable or
barnyard or as it is spread upon a field.
An individual, firm, corporation, association, society or partnership
and their agents or employees.
A.
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 municipality:
(1)
Any matter, thing, condition or act which is or may become
detrimental or a menace to the health of the inhabitants of this municipality
or cause or threaten to cause injury to the inhabitants of this municipality
or endanger their property, health or safety.
(2)
Pollution, or existence of a condition or conditions
which cause or threaten pollution of any waters in this municipality in such
manner as to cause or threaten injury to any of the inhabitants of this municipality,
either in their health, comfort or property.
(3)
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
or threaten to cause injury to the inhabitants of this municipality or endanger
their property, health or safety.
(4)
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter 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, building
or other place.
(5)
The dumping, depositing or spreading on fields, in dumps,
in quarries or in any manner any refuse from a cesspool, septic tank, vat
pumpings in any form, or allowing sewage in any form from a cesspool, septic
tank or vat to flow, run or seep in, upon or through the ground.
B.
It shall be unlawful for any person or persons to commit,
maintain or allow any nuisance as declared and described in this section.
A.
All places and premises in this municipality shall be
subject to inspection by the Board of Health or the enforcing official if
the Board or that official has reason to believe that any section of this
chapter is being violated.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Board of Health or the enforcing official from
having full access to any place or premises upon which a violation of this
code is believed to exist.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 172-2 of this chapter from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced by the Board of Health
or its enforcing official or the Code Enforcement Official.
Any person who violates or neglects to comply with any provisions of
this chapter established herein or notice issued pursuant thereto shall, upon
conviction thereof, be liable to a penalty of not less than $100 nor more
than $1,000 for each violation. Each day of noncompliance shall continue after
notification shall be a separate violation.
It shall be unlawful for any person to rent, lease or otherwise permit
the occupancy of any building as a residence, or for any person to reside
in any building as its owner, which:
A.
Is not adequately and properly ventilated;
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by the State
Department of Health or a private supply approved by the enforcing official;
C.
Does not have plumbing fixtures consisting of a kitchen
sink;
D.
Does not have facilities for the discharge of all household
liquid wastes into a public sewerage system approved by the State Department
of Health or into a private sewerage system approved by the enforcing official;
or
E.
Minimum heating requirements. It shall be unlawful for
the owner or owners who have agreed to supply heat to any building designed
to be occupied as a residence by more than two families to fail to supply
heat from the first day of October in each year to the first day of May of
the succeeding year in such manner that the temperature of said building where
one or more persons reside shall always be kept at 68° F. or above between
the hours of 6:00 a.m. and 10:00 p.m.
A.
Whenever a nuisance, as declared by § 172-2 above, 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.
B.
If the owner resides out of the state or cannot be so
notified speedily, such notice shall be left at that 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.
C.
Whenever a nuisance, as declared by § 172-2 above, is found on any public property or on any highway or 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 Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
D.
If the owner, tenant or occupant upon being notified
as provided by this section shall not comply with such notice within the time
specified therein and fails to remove or abate such nuisance, the 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 said Board shall deem proper.
