[HISTORY: Adopted by the Board of Health of the Borough of Northvale 6-2-1971
as Ord. No. 107 (Ch. 79 of the 1969 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the terms used herein are defined as
follows:
The Health Officer or other official authorized by the Board of Health
to enforce this chapter.
An individual, firm, corporation, association, society or partnership
and their agents or employees.
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 this municipality:
(1)
Any matter, thing, condition or act which is or may become
detrimental or a menace to the health of the inhabitants of this municipality.
(2)
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.
(3)
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.
(4)
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
to endanger their comfort, repose, health or safety.
(5)
The growth, existence or presence of ragweed on any plot
of land, lot, highway, right-of-way or any other public or private place.
(6)
The growth, existence or presence of poison ivy within
20 feet of any property line.
(7)
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
(8)
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.
(9)
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.
B.
It shall be unlawful for any person or persons to commit,
maintain or allow any nuisance as declared and described in this section.
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.
[1]
Editor's Note: See also N.J.S.A. 26:3-31m.
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 building:
A.
Is not adequately and properly ventilated.
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by the State
Department of Health or a private supply approved by the enforcing official.
C.
Does not have plumbing fixtures, consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet, connected to the potable
water supply.
D.
Does not have facilities for the discharge of all household
liquid wastes into a public sewerage system approved by the State Department
of Health or into a private sewerage system approved by the enforcing official.
A.
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
chapter is being violated.
B.
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
chapter is believed to exist.
A.
Nuisance on private property.
(1)
Whenever a nuisance as declared by § 221-2 of this chapter 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.
(2)
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.
B.
Whenever a nuisance as declared by § 221-2 of this chapter 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.
C.
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.
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 § 221-2 of this chapter 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.
The provisions of this chapter shall be enforced by the Board of Health
or its enforcing official.
Any person who violates or neglects to comply with any provision of
this chapter established herein or notice issued pursuant thereto shall, upon
conviction thereof, be liable to a penalty of not less than $2 nor more than
$500 for each violation.
