[HISTORY: Adopted by the Township Committee of the Township of Knowlton by Ord. No. 82-8 (Ch. XVII of the Revised General Ordinances); by Ord. No. 87-11 (Sec. 3-2 of the Revised General Ordinances). Amendments noted where applicable.]
Adoption by reference. A code defining and prohibiting certain matters, things, conditions or acts, and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
Title. The code established and adopted by this chapter is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Public record. Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the office of the Health Officer of this local Board of Health and will remain on file there for the use and examination of the public.
Penalty. Any person who violates or neglects to comply with any provision of this chapter or code 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.
[Amended by Ord. No. 89-16]
[Added by Ord. No. 91-11]
All smoking of any matter or substance which contains tobacco shall be prohibited in the Knowlton Township Municipal Building.
"No smoking" signs. Appropriate signs shall be posted so as to be clearly visible to the public and employees in the Knowlton Township Municipal Building, with letters at least one inch in height, stating "Smoking Prohibited," or designated by the appropriate smoking-prohibited international symbol.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Any used or consumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can; or any top, cap or detachable tab of any bottle, jar or can; any unlighted cigarette, cigar, match or any flaming or glowing material; or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
Littering prohibited. It is unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
Illegal dumping. It is unlawful for any person to discard, throw, cast or dump along any street or road, on or off any right-of-way or other public place, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances or furniture; nor any wrecked or abandoned or unlicensed motor vehicle not carrying current New Jersey inspection approval tags; or unusable machines or parts of machines or metal trash on private property, open fields, woods and in any place not specifically designated for the purpose of solid waste storage or disposal.
Motor vehicles. No person shall keep, store, abandon or leave upon any parcel of land or street in the Township of Knowlton any motor vehicle not currently being used for transportation and not being licensed for the current year or which cannot be readily operated under its own power; provided, however, that nothing contained herein shall be determined to prohibit the placing, keeping or storing of any such motor vehicle in a garage or other building within the township.
Uncovered vehicles. It is unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, must immediately cause the public property to be cleaned of all such materials and must pay the costs thereof.
Construction sites. It is unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It is the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse. Salvaged building materials neatly stored on the owner's premises shall not be considered refuse or debris.
Commercial establishments and residences. It is the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free of litter.
Exemptions. It is further provided that this section shall not be construed to prohibit the placing of such materials as are removed from the township by the person or corporation authorized by the township through contract to remove the same when placed in suitable containers for that purpose, or recyclable materials. Farm machinery kept on the farmer's own premises is excluded from the provisions of this section. Organic gardening materials used on premises where stored are also excluded.
Upon the complaint of any resident or property owner of the township or any employee of the township or upon his own motion, the Zoning Officer, Health Officer, Uniform Construction Code Official or Police Officer, or their designated agents, shall make an investigation of the conditions complained of and report therein, in writing, to the Township Clerk for transmittal to the Township Committee.
If, upon receiving a report of the land in question under investigation, it is found to be in such condition that a violation of one or more provisions of § 127-3 exists on any land within the Township of Knowlton, the Township Clerk shall notify the owner or possessor of the lands complained of, in writing, either personally or by certified or regular mail, return receipt requested, to take such steps as will effectively remove the violation from the land within 10 days after receipt of said notice from the Clerk.
The Zoning Officer, Police Officer, Health Officer or Uniform Construction Code Official, or their designated agents, shall reinspect the lands in question after the ten-day period shall have expired and shall report, in writing, to the Township Clerk for transmittal to the Township Committee whether or not the unlawful conditions complained of and previously found to exist in violation of this chapter shall have been abated or remedied.
In the event that the owner or possessor of the lands in question shall refuse or neglect to abate or remedy the conditions complained of and which constitutes a violation of this chapter, after 10 days' notice, the Township Committee may cause the condition complained of to be abated and remedied.
Upon the removal of any of the materials prohibited to be stored or abandoned on lands by this chapter by or under the direction of such officer or officers of this township in cases where the owner or tenant shall have refused or neglected to remove the same in the manner and within the time provided above, such officer or officers shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands; the amounts so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon these lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 3-26-2015 by Ord. No. 15-04]
Any person convicted of a violation of any provisions of this chapter shall be liable to the penalty stated in Chapter 1, General Provisions, Article II, General Penalty, and for each offense and for each and every day said person fails to comply with the notice beyond the date fixed for compliance at the discretion of the Judge before whom the conviction is had. 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 $1,000 for each day of the violation. The penalties set forth in this section are separate and apart from the remedy provided for in § 127-3 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.
[Added 3-26-2015 by Ord. No. 15-04]
Pursuant to the provisions of the New Jersey Creditor Responsibility Law (P.L. 2014, c. 5), a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and/or abandoned (as defined in § 128-2 of the Code of the Township of Knowlton and N.J.S.A. 55:19-78 et seq.), whether the filing of the summons and complaint is made before or after the property became vacant and/or abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property.
Editor's Note: See N.J.S.A. 46:10B-51 et seq.
[Added 3-26-2015 by Ord. No. 15-04]
If the Zoning Officer or other authorized municipal official determines that a creditor obligated to care, 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 compliant 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 3-26-2015 by Ord. No. 15-04]
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 1 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 1 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.