[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 9-7-1994 by Ord. No. R-77. Amendments noted where applicable.]
Health/Sanitary Code — See Ch. 115.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Hoboken Board of Health.[Added 8-14-1996 by Ord. No. R-196]
- The City of Hoboken.
- ENFORCEMENT AGENCIES
- The Hoboken Health Department, including Health Officer,
Registered Environmental Health Specialist and Public Health Nuisance
Investigator; Environmental Services Division, including Sanitation
Inspectors; Hoboken Housing Inspectors; Construction Code Inspectors;
Taxi and Limousine Inspectors; Zoning Officer; Hoboken Police Department;
and Hoboken Fire Prevention Inspectors.[Added 5-16-2012 by Ord. No. Z-178]
- HEALTH OFFICER
- The legally designated Health Officer of the City of Hoboken.
- Any person, premises, condition, thing or act, that may be a detriment, injurious, a menace, hazard or annoyance to the inhabitants of this City and the general public. Nuisances include but are not limited to those examples set forth in § 136-2 hereof.[Amended 8-14-1996 by Ord. No. R-196]
- ORDER OR RULE
- Any directive of the Health Officer.
- Any person who, alone or jointly or severally with others:
- A. Shall have legal title to any building, structure, or unit, with or without accompanying actual possession thereof; or
- B. Shall have charge, care or control of any building, structure, or unit, as owner or agent of the owner or as executor, executrix, administrator, administratrix, receiver, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.[Added 8-14-1996 by Ord. No. R-196]
- PERMIT OR LICENSE
- A permit or license shall be construed to mean the permission
in writing of the Health Officer in accordance with the provisions
of the laws and ordinances within the scope of his jurisdiction.[Added 8-14-1996 by Ord. No. R-196]
- Includes any individual, firm, corporation, association or
partnership, company or organization of any kind, their agents and
employees.[Amended 8-14-1996 by Ord. No. R-196]
- All putrescible and nonputrescible solid waste (except body
waste), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, furniture, refrigerators, appliances,
building material and solid market and industrial wastes.[Added 8-14-1996 by Ord. No. R-196]
Editor's Note: The former definition of "authorized agent," which immediately preceded this definition, was repealed 5-16-2012 by Ord. No. Z-178.
[Amended 8-14-1996 by Ord. No. R-196; 5-16-2012 by Ord. No. Z-178]
The following matter, things, conditions or acts are hereby declared to be a nuisance and injurious to the health and safety of the inhabitants of the City of Hoboken, and are therefore prohibited.
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. Any container maintained for the short-term collection of refuse, recycling, composting or rainwater must have a properly fitting lid, be access-resistant to insects and rodents and must be maintained in good working order at all times and must be kept in a clean and sanitary way.
Burying, depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property any wastewater, sewage, garbage, refuse, offal or excrement; any dead animals; or any foul, putrid or noxious substance.
Allowing or suffering to allow any waste container in which garbage, offal, scraps, food waste and any other putrescible material, or recyclable material, is held in or upon any premises which is not watertight, tightly covered and so kept at all times. Containers designed for the specific purpose of composting are permitted, provided they are of a closed type with an airtight lid and catch basin for collection of compost tea.
Pollution or the existence of a condition or conditions which cause or threaten pollution of any water, including stormwater, in such a manner as to cause or threaten injury to any inhabitants of this municipality either in their health, comfort or property.
The existence or presence of any open standing water or other liquid in which mosquito eggs, larvae or pupae may breed or exist. This regulation does not prohibit the use of covered, enclosed and properly maintained rain barrels.
The escape of such quantities of smoke, fly ash, dust, fumes, vapors, mist or gas into the open air from any stack, vent, chimney or any entrance or from any nonaccidental fire as to cause injury, respiratory distress, watering of eyes or other physical malady to persons or damage to property.
The use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches, repulsive to the physical senses, which annoy, discomfort, injure or inconvenience the health of persons within the municipality.
Allowing any building to be occupied as a tenement house, apartment house, dwelling house, rooming house, factory building or food establishment, without a plentiful supply of potable water suitable for domestic or personal requirements, by any person who is responsible for such provision, by reason of ownership, possession or agreement, or in which the water supply has been turned off for any reason except to repair faulty plumbing.
Failing to make and maintain any dwelling or dwelling unit, rooming house, property or place of business reasonably vermin proof and rodent proof and exterminate the same.
Allowing or suffering to allow the occupancy of any structure, dwelling or place of business that does not meet the minimum health, safety and habitability standards set forth in the Municipal Code, including but not limited to Chapter 80, Buildings and Dwellings, Dangerous or Unfit, Chapter 95, Dwellings; Minimum Standards, Chapter 115, Health/Sanitary Code, Chapter 116, Heating of Buildings, and Chapter 120, Maintenance of Hotels and Multiple Dwellings, and all applicable firesafety and construction codes as established by the State of New Jersey.
The placing of any household, commercial or industrial waste or refuse, or construction or demolition materials, into City litter receptacles.
The dissipation into the air of dirt, debris, dust or materials from any construction site or any public or private place where such materials are stored.
Failing to keep the rain leaders, gutters, sewers and drains of any structure, dwelling or place of business in good working order and in a state of sound repair, and failing to keep contents thereof from flowing onto or into adjacent premises or property.
Discarding or throwing of any food product or waste upon any sidewalk, street or public thoroughfare or in any park or other public or private place. Placing of food for animal consumption, in any public place, is also prohibited.
Weeds and other growths of vegetation upon private or public property at any state of maturity which:
Exceed six inches in height, except for healthy specimen trees, shrubs or plants grown in a tended and cultivated garden.
Regardless of height, harbor, conceal or invite deposits or accumulations of refuse, trash or animal wastes.
Harbor or may harbor rodents, insects or other vermin.
Gives off unpleasant or noxious odors.
Constitutes a fire or traffic hazard.
Weeds that have grown to tree height.
Trees that are damaged or dead to the extent that a falling limb or tree part could cause injury or property damage.
The growth, existence or presence of ragweed on any plot of land, lot, street, highway, right-of-way or any other public or private place.
The growth, existence or presence of poison ivy on any property, public or private.
All wires, ropes or lines over streets, alleys or public grounds which are not authorized or permitted by the City or which are strung so that the lowest portion is less than 15 feet above the surface of the ground.
Idling of commercial vehicles for more than three minutes in any district or by any vehicle, commercial, public or private, for any amount of time in a posted school zone.
Spitting upon any public sidewalk or crossing or upon the floor or any part of a building or public conveyance.
The keeping of any animal or animals under unsanitary conditions.
The continuous barking or crying of dogs, birds or other animals.
No person shall keep or harbor any livestock or unlawful wildlife unless specifically licensed to do so from by the Health Officer or pursuant to law.
No self-storage facility within the boundaries of the City of Hoboken shall be open to its clients or the public for any loading or unloading to or from the building between the hours of 9:00 p.m. and 6:00 a.m. on any day of the week. For purposes of subsection, "self-storage facility" shall mean a facility in which storage space (such as rooms, lockers, containers, and/or outdoor space) is rented to tenants, usually on a short-term basis (often month to month).
[Added 8-6-2014 by Ord. No. Z-303]
Editor's Note: This ordinance also redesignated former Subsection A(25) as Subsection A(26).
Any other matter, thing, condition or act which is or may become injurious, detrimental, a menace or endanger the health of the inhabitants of this municipality.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this section.
Each prohibited act shall constitute a separate violation.
[Amended 8-14-1996 by Ord. No. R-196]
The Health Officer, at his discretion, is hereby empowered to promulgate rules and orders to prevent what is or what may become injurious, a detriment, a menace, a nuisance, an annoyance, or anything that interferes with the comfort, repose, health or general well-being of the inhabitants of this municipality or general public as it applies to the above nuisances. Such rule or order shall be effective immediately and shall supersede any permit, rule or agreement both public or private. Any person or agency, whether public or private, who receives such order shall comply with all aspects of said order or rule immediately. Any person who refuses or neglects to comply with such rule or order of the Health Officer shall face penalties prescribed in § 136-8 of this chapter.
[Amended 8-14-1996 by Ord. No. R-196]
Any person affected by any rule or order which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Health Officer, provided that such person shall file in the office of the Health Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day that notice was served. Upon receipt of such petition, the Health Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Health Officer may postpone the date of hearing for a reasonable time beyond such ten-day period, if in his judgement the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Health Officer shall sustain, modify or withdraw the order or rule, depending upon his findings as to whether the provisions of this chapter and of the rules, orders and regulations adopted pursuant thereto have been complied with.
The Health Officer or his authorized agent is hereby authorized to make inspections of any dwelling, structure, building, whether commercial or private, or any outside area or place, in order that he may perform his duty of safeguarding the health and safety of the inhabitants of this municipality or general public. The Health Officer or his authorized agent is empowered to inspect, examine, survey, photograph, lawfully test and acquire evidence from any dwelling, structure, building, whether commercial or private, any outside area or place, for the purpose of meeting the requirements of this section.
It shall be unlawful to hinder, obstruct, delay, resist or prevent the Health Officer or his authorized agent from having full access to any place or premises upon which a violation of this chapter is believed to exist.
The Health Officer is hereby empowered to issue an order to the owner of the property on which he finds a nuisance to abate any matter or condition that might be injurious, a detriment, menace or a nuisance to the inhabitants of this municipality or general public, and such shall be removed or abated in a summary manner by means set forth by the Health Officer. A duplicate of any such order shall be left with the tenants of the property or occupants thereof, and one shall be posted on the site. If the owner, when notified, shall not comply with the notice of order issued within the time specified, the Health Officer shall proceed to abate the nuisance. Any abatement will be at the expense of the owner of the property on which the nuisance is maintained.
The local Board may recover, by a civil action, the expenses incurred in such removal and abatement from any person who shall have caused or allowed such nuisance, or from any owner, tenant or occupant of premises who, after notice as herein provided, shall fail to remove and abate the same within the time specified in the notice.
[Amended 8-14-1996 by Ord. No. R-196; 5-16-2007 by Ord. No. DR-312]
Any person who shall violate any provision of this chapter or any provision of any rule, or regulation or order adopted by the Board of Health pursuant to the authority granted by this chapter shall, upon conviction, in the Municipal Court of Hoboken or other Court of competent jurisdiction be punished by a fine of not less than $100 and not more than $1,000 or community service for a period of not more than 90 days or imprisonment for a term not exceeding 90 days, and each day's failure to comply with any provision, rule or order shall constitute a separate and distinct offense.
Any person who is convicted of violating § 136-8 within one year of the date of a previous violation of § 136-8, and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $100 nor shall it exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section, as provided for by N.J.S.A. 40:69A-29.
All ordinances, codes or parts of the same inconsistent with any of the provisions of this chapter are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this chapter or code shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.