[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.]
A.
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.[1] A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
B.
Title. The code established and adopted by this chapter is described
and commonly known as the "Public Health Nuisance Code of New Jersey
(1953)."
C.
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.
D.
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]
A.
All smoking of any matter or substance which contains tobacco or
cannabis shall be prohibited in the Knowlton Township Municipal Building.
For the purposes of this section, "smoking" shall include smoking
or vaping from an electronic smoking device.
[Amended 8-11-2021 by Ord. No. 21-11]
B.
"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.
A.
LITTER
SOLID WASTE TRANSPORT VEHICLE
UNSANITARY CONDITION
UNSIGHTLY CONDITION
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.
Any device used to carry solid waste (excluding hazardous
waste) off-site or to a solid waste facility. A solid waste vehicle
includes, but is not limited to, a solid waste single-unit vehicle,
solid waste cab and/or solid waste transport unit.
[Added 11-14-2016 by Ord.
No. 16-12]
Condition that is likely to become a breeding place for rodents,
flies, mosquitoes, and germs harmful to human health and safety.
[Added 11-14-2016 by Ord.
No. 16-12]
A condition of a property visible from the public street
or public sidewalk that arises from the property owners or occupants
permitting the collection of abandoned and/or unsightly items not
currently stored in the portion of the property reasonably visible
from the public property, including items left over after demolition,
abandoned auto parts, abandoned vehicles, abandoned plumbing items,
or un-kept household items not customarily stored in a front yard.
These conditions do not include items that are stored or kept behind
fencing or screening or kept a reasonable distance from the public
street so as to sufficiently disguise the item from the view of a
reasonable passerby. These conditions shall not include the storage
by businesses or permitted commercial operations from storing their
equipment, inventory, vehicles or other items reasonably and frequently
used in their business or occupation.
[Added 11-14-2016 by Ord.
No. 16-12]
B.
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.
C.
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.
D.
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.[1]
E.
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.
F.
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.
G.
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.
H.
Unsanitary conditions. All unsanitary conditions shall be remedied
or removed where necessary to eliminate such conditions with reasonable
dispatch upon their discovery. It shall be the responsibility of owners
and operators to take reasonable steps to discover any such unsanitary
conditions which may exist on their premises.
[Added 11-14-2016 by Ord.
No. 16-12[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection
H as Subsection L.
I.
Storage tanks. No person shall place, deposit, keep, have, or leave
in or upon any premises any abandoned or unused aboveground storage
tank unless such tank shall be screened from view. Such screening
shall consist of either storage within or behind a structure, an impermeable
fence or impermeable vegetation.
[Added 11-14-2016 by Ord.
No. 16-12]
J.
Solid waste transport vehicles. Unless an emergency, such as inclement
weather, equipment breakdown or accident warrants, no solid waste
shall be allowed to remain or be stored in any solid waste transport
units in excess of 24 hours. No solid waste vehicle shall be used
for transportation if the design of the solid waste vehicle is such
that any solid waste material will spill, leak or cause emissions
therefrom. No solid waste vehicle used for transportation, shall be
used beyond its design capabilities or in such a manner that littering,
leakage, spillage or emissions therefrom of solid wastes will occur.
[Added 11-14-2016 by Ord.
No. 16-12]
K.
Unsightly conditions. Unsightly conditions defined herein shall be
illegal.
[Added 11-14-2016 by Ord.
No. 16-12]
L.
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.
M.
This chapter may be enforced by the Zoning Officer or Health Code
Officer.
[Added 11-14-2016 by Ord.
No. 16-12]
N.
The Zoning Officer shall not issue a summons to any property owner
or occupant before he has issued to the property owner or occupant
a notice of violation providing the property owner or occupant with
at least 20 days opportunity to cure any deficiencies found by the
Zoning Officer.
[Added 11-14-2016 by Ord.
No. 16-12]
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),[1] 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.
[1]
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.
