[HISTORY: Adopted by the Board of Health of the Borough of
Clayton 10-9-1973 by Ord. No. 1973-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 108,
Nuisances, Public Health, adopted 9-16-1958.
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 of the Laws of 1950.[1] A copy of said 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.
The code established and adopted by this chapter is described
and commonly known as the "Public Health Nuisance Code of New Jersey
(1953)."
Three copies of said Public Health Nuisance Code of New Jersey
(1953) have been placed on file in the office of the Secretary of
this local Board of Health upon the introduction of this chapter and
will remain on file there for use and examination by the public.
[Amended 5-10-1979 by Ord. No. 79-4]
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 subject to a fine of not
less than $25 nor more than $500 for each violation. Each day a violation
continues or is permitted shall constitute a separate offense for
which a separate penalty may be imposed.
[Amended 5-10-1979 by Ord. No. 79-4]
Whenever an officer of the Board of Health observes a violation
of the provisions of this chapter, he may hand to the violator, or
leave upon or affix to the premises where the violation occurred,
a printed notice of violation. A notice of violation shall bear the
date, time and nature of the violation and a fine prescribed therefor
and shall be signed by the officer issuing the notice and shall bear
the officer's number, if any. Any person who receives notice
of violation may pay a fine in the amount of $25 within 10 days by
admitting the violation and waiving appearance before a Municipal
Judge. The notice of violation shall contain an appropriate statement
for signature by the violator for the purpose of admitting the violation
and waiving a hearing.
If a person who receives a notice of violation fails to pay
the prescribed fine within 10 days of the issuance of the notice of
violation, a summons shall be issued for such violation, in the manner
provided by law, within 20 days after the violation. If the person
named in the summons shall fail to appear on the date set for a hearing
in said summons, a warrant may be issued for the arrest of such person,
in the manner provided by law.
