[HISTORY: Adopted by the Board of Health
of the Township of Holland 9-7-1965. Amendments noted where applicable.]
A.
Portions of a code which define and prohibit certain matters, things, conditions or acts and each of them as a nuisance, prohibit certain noises or sounds, prohibit lease or rental of certain buildings, authorize the inspection of premises by an enforcing official, provide for removal or abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances and prescribe penalties or abating such nuisances and prescribe penalties for violation are hereby established pursuant to Chapter 188 of the Laws of 1950 (N.J.S.A. 26:3-69.1 to 3-69.6); the portions of said code hereby so established are as follows:
(1)
All of Section I thereof.
(2)
Subsection 2.1(a), (b), (c), (d), (g), (h) and (i)
and Subsection 2.2 of Section II thereof.
[Amended 4-10-1980]
(3)
All of Section III thereof.
[Amended 4-10-1980]
(4)
All of Section IV thereof.
[Amended 4-10-1980]
(5)
All of Section V thereof, except Subsection 5.1(c)
of said section; provided, however, that the words "State Department
of Health" appearing in Subsection 5.1(b) and (d) are hereby changed
to read "State Department of Environmental Protection."
[Amended 4-10-1980]
(6)
All of Sections VII, VIII, IX and X thereof.
Said code, portions of which are 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), so marked as to indicate the portions thereof
which are established and adopted by this chapter, have been placed
on file in the office of the Secretary of this Board of Health upon
the introduction of this chapter and will remain on file there for
the use and examination of the public.
[Amended 9-5-1989 by Ord. No. 1989-9]
A.
For violation of any provision of this chapter, the penalty, upon conviction, shall be a minimum fine of $100 and a maximum fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each day on which such violation exists shall constitute a separate violation. The court before which any person is convicted of violating this Chapter 195 shall have the power to impose a penalty, pursuant to N.J.S.A. 26:3-70 et seq. and the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]), of not more than $500 nor less than $5. A creditor required to care for, maintain, secure, and keep up a property under this chapter cited in notices issued pursuant to this chapter shall be subject to a fine of $2,000 for each day of the violation. The penalties set forth in this section are separate and apart from the remedy provided for in § 195-4 hereof and the remedy provided by the New Jersey Statutes Annotated, N.J.S.A. 40:48-2.13, and 40:48-2.14. The remedy in this section shall be in addition to all remedies available to the Township in law or in equity.
[Amended 9-11-1997; 7-21-2015 by Ord. No. 2015-7]
[1]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 was repealed
L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
B.
Any person convicted of the violation of this chapter
may, in the discretion of the court by which he was convicted, and
in default of the payment of any fine imposed therefor, be imprisoned
in the county jail or place of detention provided by the municipality
for any term not exceeding 90 days.
[Amended 5-10-1990; 9-11-1997; 6-11-2009 by Ord. No. BOH 2009-2; 9-9-2010 by Ord. No. BOH 2010-3; 7-14-2011 by Ord. No. BOH 2011-2]
The state code referred to in this chapter,
with its deletions and acceptable portions, and as it may have been
amended from time to time by the Board of Health, is produced as follows:
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Public Health Nuisance Code of New Jersey
(1953) [Approved by the New Jersey State Department of Health, September
16, 1953]
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Section 1
Definitions as Used in this Code and Ordinance.
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1.1.
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"Enforcing officials" shall mean and include
the Health Officer or other official authorized by the Board of Health
to enforce this code and ordinance.
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1.2.
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"Person" shall mean and include an individual,
firm, corporation, association, society, partnership and their agents
or employers.
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Section II
Nuisances Defined and Prohibited.
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2.1.
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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:
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(a)
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Any matter, thing, condition or act which is
or may become detrimental or a menace to the health of the inhabitants
of this municipality.
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(b)
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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.
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(c)
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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.
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(d)
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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 municipality or endanger their comfort, repose, health or
safety.
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(e)
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Deleted.
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(f)
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Deleted.
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(g)
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The existence of presence of any water or other
liquid in which mosquito larvae breed or exist.
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(h)
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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.
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(i)
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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.
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(j)
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The existence of any accumulation, piling or
spreading of manure on any property which is not over three acres
in area (except any such property which, being combined with other
property, is under the Farmland Assessment Act of 1964[1]) under the following conditions:
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[1]
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Where the manure has not been produced on the
property or is not already properly composted.
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[2]
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Where the manure is accumulated, piled or spread
to an elevation exceeding six inches in height above the surrounding
grade.
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[3]
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Where the manure is accumulated, piled or spread
in a location so that it pollutes surface water which runs beyond
the boundaries of the property on which the manure has been accumulated,
piled or spread.
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2.2.
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It shall be unlawful for any person or persons
to commit, maintain or allow any nuisance, as declared and described
in this section.
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2.3
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It shall be unlawful for any property owner or tenant keeping
or harboring a dog or dogs to allow or permit the presence of such
dog or dogs, or the manner in which they are housed or maintained,
to create offensive odors which render the air uncomfortable or disturbing
to a reasonable person in the use and occupation of his or her property;
and it shall be unlawful, and prima facie a public nuisance, for an
owner or tenant of a property on which a dog or dogs are kept or harbored
to permit or allow dog waste to accumulate on the premises or to be
collected or stored in the open so as to create a threat to the public
health.
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Section III
Proper Heating of Apartments
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3.1.
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It shall be unlawful for the owner or owners
who have agreed to supply heat to any building designed to be occupied
or 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.
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Section IV
Prohibition of Certain Noises or Sounds
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4.1.
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It shall be unlawful for any person to make,
cause or suffer or permit to be made or caused upon any premises owned
or occupied or controlled by him or it or upon any public street,
alley or thoroughfare in this 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.
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(a)
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The operation of an Off-Road Vehicle (“ORV”) that
is not equipped with a factory installed or functionally equivalent
muffler in good working order and in constant operation shall be a
violation of this section. The operation of an ORV within 200 feet
of the property line between the hours of 7:00 a.m. and 10:00 p.m.
or within 800 feet of the property line between the hours of 10:00
p.m. and 7:00 a.m. shall be presumed to be a violation of this ordinance
subject to proof by the person charged with a violation of this section
that the use of the ORV is not impacting on the complainant’s
enjoyment of life and property as a result of relative loudness, distance
to the property line, number of vehicles or frequency of drive-bys.
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(b)
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ORV means a motor vehicle that is capable of human transport
and designed or used for the purpose of recreation off of the public
right-of-way including, but not limited to all-terrain vehicles, trail/dirt
bikes, minibikes, go-carts and snowmobiles.
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(c)
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The following uses of ORVs are exempt from the provisions of
this subsection (a):
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1.
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ORVs specifically used for farming activities under the New
Jersey Right-to-Farm regulations, yard work and snow removal.
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2.
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ORVs engaged in government or emergency functions including
but not limited to utility repair, search and rescue operations, fire
fighting or vehicles engaged in scientific research in otherwise inaccessible
areas.
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3.
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ORVs in transit to or from public roadways or when being loaded
or unloaded from their transport vehicles.
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4.
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Lawn mowers, tractors, lawn, garden or similar equipment for
residential use provided that the equipment is operated with a factory-installed
muffler or functional equivalent.
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5.
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ORVs used in public celebrations that are government sponsored
or government permitted events.
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6.
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ORVs used on municipally approved motor vehicle racetracks.
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7.
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ORVs used in safety training by a certified instructor under
the Motorcycle Safety Foundation (MSF) or another sanctioned curriculum
and with written, permitted approval from the Township.
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(d)
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If a minor operates an ORV in violation of this subsection (a),
it shall be a refutable presumption that the minor’s parent
or guardian enabled the ORV to be so operated and the parent or guardian
shall be an additional responsible party.
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(e)
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It shall be unlawful for any property owner or tenant to allow
any dog, kept or harbored by an owner or tenant of any property in
the Township, to create a sound across a real property line which
unreasonably disturbs or interferes with the peace, comfort, and repose
of any resident, or to refuse or intentionally fail to cease the unreasonable
noise when ordered to do so by a Police Officer. Prima facie evidence
of a violation of this section shall include but not be limited to:
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Vocalizing (howling, yelping, barking, squawking, etc.) for
20 minutes without interruption, which is defined as an average of
four or more vocalizations per minute in that period (that is at least
80 vocalizations in a twenty-minute period), between the hours of
7:00 a.m. and 10:00 p.m. or for 10 minutes or more without interruption
(that is at least 40 vocalizations in a ten-minute period) between
the hours of 10:00 p.m. and 7:00 a.m.
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[1]
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It is an affirmative defense under this Subsection (e) that
the dog was provoked to violate the ordinance by a person other than
the property owner, tenant or a person visiting the property owner
or tenant, any child not residing with or visiting the property owner
or tenant, a vehicle operated by a person other than the property
owner, tenant or a person visiting the property owner or tenant, or
any other animal that either is not owned by the property owner, tenant
or a person visiting the property owner or tenant or does not have
the permission of the property owner or tenant to be on the property,
including but not limited to wild animals that may come on the property.
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[2]
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The provisions of this Subsection (e) shall not apply to the
establishment of a veterinarian, or to a kennel, pet shop, pound,
or shelter, licensed under N.J.S.A. 4:19-15.8, and operating in compliance
with state regulations for such an establishment.
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[3]
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No citation shall be issued by the police pursuant to this Subsection
(e) unless the police have issued one written warning before the citation
is issued.
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[4]
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The following maximum fines shall apply upon issuance of a citation:
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First offense
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$100
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Second offense
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$250
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Each subsequent offense
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$500
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Section V
Prohibited Lease or Rental of Certain
Buildings
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5.1.
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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:
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(a)
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Is not adequately and properly ventilated; or
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(b)
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Fails to provide potable water at sufficient
pressure and quantity for each family unit from a public supply approved
by the State Department of Environmental Protection or a private supply
approved by the enforcing official; or
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(c)
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Deleted.
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(d)
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Does not have facilities for the discharge of
all household liquid wastes into a public sewerage system approved
by the State Department of Environmental Protection or into a private
system approved by the enforcing official.
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Section VI
Curbing of Dogs
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6.1
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No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate or commit any nuisance upon any public property of the Township
whatsoever, nor on any private property not owned or occupied by such
person without the permission of the owner or occupant of such private
property. Such private property shall specifically include, but is
not limited to, the firehouse lot on Route 627 (Block 19, Lot 12.01).
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6.2
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This restriction shall not apply to the portion
of a Township street lying between the curblines, or if uncurbed,
within 10 feet of the paved or traveled surface, which may be used
to curb such dogs under the following conditions:
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(a)
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The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method (shovel,
container, disposal bag, etc.).
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(b)
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The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of any dog curbed in a sanitary manner on said person's
own property.
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6.3
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Without limiting the generality of the foregoing
language of this Section VI, no person owning, harboring, keeping
or in charge of any dog shall cause, suffer or allow such dog to soil,
defile, defecate upon or commit any nuisance upon the following particular
public properties owned by the Township:
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(a)
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Municipal Building and its grounds (Block 22,
Lot 22.01).
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(b)
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Township parklands, except that notwithstanding
any contrary provision in this Section VI, the prohibition shall not
apply to the Shire Road parkland (Block 10, Lot 12).
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(c)
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Riegel Ridge Community Center facilities and
grounds (Block 6, Lot 2).
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(d)
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Township lands behind the present Credit Union (Block 24, Lot
2.04).
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(e)
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The athletic field lot behind the municipal building (Block
6, Lot 2.01).
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(f)
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The Department of Public Works/Library property (Block 6, Lot
63).
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(g)
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The presently vacant lot on Bellis Road (Block 5, Lot 1).
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(h)
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The firehouse property on Route 519 and vacant lot on Andersen
Road next to this firehouse property (Block 10, Lots 7 and 5).
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Section VII
Inspection of Premises
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7.1.
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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 code is being violated.
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7.2.
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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.
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Section VIII
Abatement of Nuisances
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8.1.
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Whenever a nuisance as declared by Section II
of this code 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.
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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.
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8.2.
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Whenever a nuisance as declared by Section II
of this code is found on any public property or 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 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.
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8.3.
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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.
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8.4
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In addition to the foregoing remedies, fines for certain nuisances may be imposed as set forth in § 195-4 and Subsection 4.1(e)[4] of Section IV of § 195.5.
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Section IX
Recovery of Costs by Board of Health
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9.1.
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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 Section II of this code 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.
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Section X
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10.1.
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The provisions of this code shall be enforced
by the Board of Health or its enforcing official.
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[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
[Added 7-21-2015 by Ord.
No. 2015-7]
Pursuant to the provisions of the New Jersey Creditor Responsibility
Law (P.L. 2014, c. 5),[1] a creditor filing a summons and complaint to foreclose
a lien on a residential property that is vacant and/or abandoned,
whether the filing of the summons and complaint is made before or
after the determination that the property is vacant and abandoned,
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the residential property.
[1]
Editor’s Note: See N.J.S.A. 46:10B-51 et seq.
[Added 7-21-2015 by Ord.
No. 2015-7]
If the Zoning Officer or other authorized municipal official
determines that a creditor obligated to care for, maintain, secure
and keep up a vacant and abandoned property has failed to do so in
violation of the provisions of the Code, the public officer or other
authorized municipal official shall issue a notice of violation to
the creditor that has filed a summons and complaint to foreclose on
the property in question. The notice shall require the person or entity
to correct the violation within 30 days of receipt of the notice,
or within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety. The issuance of this
notice shall constitute evidence that a property is vacant and abandoned
for purposes of N.J.S.A. 2A:50-73.
[Added 7-21-2015 by Ord.
No. 2015-7]
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to paragraph
one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court
of competent jurisdiction to have violated this provision shall be
subject to a fine of $2,500 for each day of the violation commencing
on the day after the ten-day period set forth in paragraph one of
N.J.S.A. 46:10b-51 with respect to notifying the Municipal Clerk that
an action to foreclose on the property has been filed.
