The following matters, things, acts or omissions,
and the maintenance or allowance of any of the following conditions,
are hereby declared to be a nuisance and injurious to the health of
the inhabitants of this municipality (N.J.S.A. 26:3B-1):
A.
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 any matter, thing, condition or act which is
or may become an annoyance or interfere with the comfort or general
well-being of the inhabitants of this municipality.
B.
Doing any act, maintaining or permitting to be maintained
any condition whatsoever, or failing, neglecting or refusing to do
that which is reasonable and proper to correct or remedy such acts
or conditions which are dangerous to the life or detrimental to the
health of any human being, or which render the ground, water, air,
food or drink a hazard or a danger to human health.
C.
Maintaining or permitting to be maintained any place,
receptacle, or area wherein water or other liquid, or other liquid,
or vegetation or other solids, may collect or stagnate so as to allow
mosquito larvae to breed or exist.
D.
Casting, draining, discharging or allowing or causing
to escape, in or upon any public or private street, river, stream,
property, building or any place whatsoever any wastewater, sewage,
or any foul, putrid or decaying substance or liquid, which would adversely
affect the public.
E.
Throwing, depositing or allowing to exist or remain
in, upon or about any public street or private land, or in any area
whatsoever, any matter, substance or condition which shall cause,
produce, or cast off any impure, noxious or foul odors or liquids,
as defined by the Department of Environmental Protection.
F.
Maintaining, accumulating, or allowing to accumulate
any garbage, refuse, manure, or animal or vegetable matter which may
attract flies, or to which flies have access, or in which fly larvae
or pupae breed or exist.
G.
Maintaining, accumulating or allowing to accumulate
any garbage or other matter which serves as food for insects or rodents
or which may serve as a breeding place or harborage for insects or
rodents in or on any land, premises, building, or any place whatsoever.
H.
Spitting upon any public sidewalk or grounds, or upon
any part of the interior or exterior of any public building or public
conveyance.
I.
Maintaining any vehicle used for hire or public conveyance
in a dirty or unsanitary condition.
J.
Selling or distributing any medicines, remedies, medical
literature, cosmetics, or remedial, curative upon the streets, or
from house to house, without first obtaining a permit from this Board
(N.J.S.A. 24:2-2).
K.
Carrying on any trade or business in such manner as
to be obnoxious or offensive or detrimental to the public health of
any inhabitants of this municipality.
L.
Making, causing, or suffering or permitting to be
made or caused upon any premises owned, occupied or controlled by
him, or upon any public street, alley or thoroughfare in the municipality,
any unnecessary noises or sounds by means of the human voice, or by
any other means or methods which are physically annoying to persons,
or which are so harsh, or so prolonged or unnatural, or unusual in
their use, time and place as to occasion physical discomfort, or which
are injurious to the lives, health, peace and comfort of the inhabitants
of this municipality or any number thereof.
M.
Causing, allowing or permitting ragweed, poison ivy,
poison sumac or other noxious or poisonous vegetation to grow on any
property, private or public.
No act, place, or thing shall be deemed a nuisance
within the provisions of this code which shall be authorized by a
permit from the Board of Health, and said permit to be issued in the
discretion and to be recoverable at the pleasure of the Board, but
immediately upon such revocation the provisions of this code shall
apply as though said permit had never been granted.
Whenever a nuisance is declared to exist 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 at his own expense within such time as shall
be specified therein, but not less than five days nor more than seven
days, from the date of service thereof, unless the nuisance is such
that the public health, comfort or general well-being of the inhabitants
of this municipality necessitate said abatement within a shorter period
of time. A duplicate of the notice 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.
A.
Any owner or owners, occupant or occupants of any
lot or tract of land shall remove all grass and weeds and refuse and
underbrush in such lot or tract of land within seven days after notice
to cut and remove the same has been given to said owner or owners,
occupant or occupants by the Health Officer of the Borough of East
Rutherford.
B.
If such grass and weeds and refuse and underbrush
shall not be removed as provided for in this article, the same may
be cut and removed by and under the direction of the Board of Health,
and the cost thereof, as nearly as can be ascertained, shall be certified
to the Mayor and Council of the Borough of East Rutherford and shall
thereupon become and be a first and paramount lien upon such premises,
and shall be added to and recorded and collected with and in the same
manner as the taxes next to be assessed and levied upon such premises.
Whenever a nuisance is declared to exist on
public property or on any highway or any other public premises or
place, notice in writing shall be given to the person officially in
charge thereof to remove or abate the same within such time as shall
be specified therein.
If the owner, tenant, or occupant, or public official notified pursuant to §§ 396-21 and 396-22 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.
A notice by the Board of Health or its designated
representative to remove and abate any nuisance shall be taken as
a notice from the Board.
The Board of Health may institute an action
at law to recover any costs incurred by it in the removal or abatement
of any nuisance 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.
Except in the case of a professional exterminator,
using any poisonous gas, liquid or substance for extermination of
vermin without first obtaining a permit from the Board shall be a
nuisance.
Any person who violates any of the provisions
of this article shall, in addition to all penalties provided for herein,
be subject to such penalties therefor as are hereinafter provided.
