Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Maplewood 2-4-1975 by Ord. No. 1439 as Ch. BH-III of the 1974 Revised General Ordinances. Amendments noted where applicable.]

§ 319-1 Nuisances declared.

A. 
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 the township:
(1) 
Animals. The keeping of any animal or animals under unsanitary conditions.
(2) 
Common drinking cup. Any common drinking cup or utensil in any park, playground, railroad station, theater, school, club, boardinghouse, public hall, amusement ground, public washroom or lavatory or in any place where a number of people congregate or are employed.
(3) 
Common towel. Any common towel for use by more than one (1) person without intermediate laundering, except roller towels which can be mechanically adjusted for individual use, in any park, playground, railroad station, theater, school, club, boardinghouse, public hall, amusement ground, public washroom or lavatory or in any place where a number of people congregate or are employed.
(4) 
Fly larvae. Any accumulation of manure or animal or vegetable matter in which fly larvae or pupae exist.
(5) 
Garbage and excrement. Burying, depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property any household wastewater, sewage, garbage, tin cans, offal or excrement; any decaying fruit, vegetables, fish, meat or bones; any oyster or clam shells; any dead animals; or any foul, putrid or obnoxious liquid or substance.
(6) 
Garbage containers. Any container or utensil in which garbage, offal, scraps, waste food and any other putrescible material is held in or upon any premises and which is not watertight, tightly covered and so kept at all times to exclude flies, rodents and vermin.
(7) 
Hydrocyanic acid gas. The use of hydrocyanic acid gas or any product of cyanogen or any other substance poisonous to animal life or human beings for fumigating or disinfecting any structure or premises in the township without first having obtained a permit to do so from the Board of Health.
(8) 
Mosquito larvae. Any water or liquid in which mosquito larvae may or do exist.
(9) 
Plumbing. Any leaking, unclean or filthy sink or water closet, urinal or other plumbing fixture or any such plumbing fixture which does not comply with the Plumbing Code of the township in any building used or occupied by human beings.
(10) 
Poison ivy. Permitting poison ivy, or any other poisonous plant, to be or to grow upon any public or private property within twenty-five (25) feet of any public sidewalk, public street, party line or building.
(11) 
Pollution. Pollution or the existence of a condition or conditions which cause or threaten pollution of any waters in the township in such manner as to cause or threaten injury to any of the inhabitants of the township, either in their health, comfort or property.
(12) 
Ragweed. Permitting ragweed in the flowering state, or any other noxious or hurtful weed, to grow upon any public or private property.
(13) 
Smoke. Emission from any premises of any smoke, gases, soot, stench or other substance in quantity or strength sufficient to cause injury or hazard to health.
(14) 
Spitting. Spitting upon any public sidewalk or crossing or upon the floor or any part of any building or public conveyance.
(15) 
Wells. Any well or other supply of water used for drinking or household purposes which is polluted or which is so situated or constructed that it may become polluted.[1]
[1]
Editor's Note: Former Subsection B, concerning the definition of “nuisances,” which immediately followed this subsection, was repealed 2-16-2010 by Ord. No. 2618-10.

§ 319-2 Nuisances prohibited.

No person shall create, commit, maintain or suffer to be created, committed or maintained any nuisance as defined in § 319-1 above.

§ 319-3 Abatement of nuisances.

A. 
Notice to abate nuisance.
(1) 
Whenever anything declared by this chapter or any other chapter of this Code to be a nuisance, or any unsanitary or unhealthy condition is found on any premises within the Township, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified, no less than two days from the date of service of the notice. Should a nuisance or any unsanitary or unhealthy condition reoccur within 60 days of the date of an abatement notice, a further abatement notice will not be required before the issuance of a summons.
[Amended 5-15-2001 by Ord. No. 2162-01]
(2) 
Whenever anything declared by this chapter or any other chapter of this Code to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified. If that person fails to comply with the notice within the time specified, the Board of Health or its agents or employees may remove or abate such nuisance or condition in the manner provided for a like condition existing on a private premises or place.
B. 
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
C. 
Recovery of costs.
(1) 
Whenever any cost or expense is incurred by the Township as a result of the Board of Health, its agents or employees abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expense may be recovered in the following manner:
(a) 
In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located.
(b) 
Where it is impossible or impractical to proceed under Subsection C(1)(a), the cost or expense shall be recovered in an action at law in any court of competent jurisdiction. The action shall be instituted by the Board of Health in the name of the township or ex rel the State of New Jersey.
(2) 
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this chapter.