[HISTORY: Adopted by the City of Rochester 6-6-1995 as Ch. 25, Arts. 1 and 2, of the 1995
Code. Amendments noted where applicable.]
[Amended 8-6-2019]
No owner, lessee, or keeper of any tenement house, lodging house,
or boardinghouse shall cause or allow any such house to be overcrowded
or allow so great a number of persons to dwell or sleep in such house
or houses or any portion thereof so as to cause danger to health,
and no such place or room shall be so overcrowded that there shall
be less than 500 cubic feet of air or a floor space of less than 50
square feet to each occupant of such place, building or room.
A.
Purpose. The provisions of this section are adopted pursuant to the
authority granted by RSA 47:17 and are intended to promote public
health, safety and general welfare by providing a means by which City
officials, tenants residing in multifamily dwellings and others concerned
with matters of public health and safety relating to multifamily dwellings
shall be kept informed as to the name, address, and telephone number
of the owner and/or individual responsible for addressing public health,
safety and welfare issues arising with respect to such multifamily
dwelling units.
B.
MULTIFAMILY DWELLING
OWNER
Definitions. As used in this section, the following terms shall have
the following meanings:
A building designated or used for more than one dwelling
unit.
The record title holder(s) of a multifamily dwelling as disclosed
by the appropriate records of the Strafford County Registry of Deeds
or Strafford County Probate Court and/or the records of the Rochester
City Tax Collector.
[Amended 3-5-2019]
C.
Posting of information regarding owner and individual responsible
for multifamily dwelling required. The owner of any multifamily dwelling
located within the City shall, at all times, have posted in a conspicuous
place on the inside of the front door of each dwelling unit within
a multifamily dwelling the name, current mailing address and current
telephone number of the owner of said dwelling unit and the name,
current address, and current telephone number of an individual designated
by the owner as being responsible for matters of public health, safety
and welfare arising with respect to such multifamily dwelling. The
owner shall also be responsible for filing the information specified
in the preceding sentence with the Department of Building, Zoning,
and Licensing Services of the City of Rochester and for keeping said
information current at all times. In the event that a multifamily
dwelling is such as to contain a lobby or other similar common area
open to the public and/or tenants of such multifamily dwelling, the
owner shall also post the information specified in the first sentence
of this subsection in said lobby or other similar area and shall keep
said posted information current at all times. The provisions of this
section shall not apply to owner-occupied multifamily dwellings of
fewer than three multifamily dwelling units.
[Amended 10-15-2013; 3-5-2019]
[Amended 1-15-2002; 3-5-2019]
No person shall place or leave or cause to be placed or left,
in or near any highway, street, alley, or public place, or in any
pond or other body of water where the current will not remove the
same, any residential solid waste, dirt, soot, ashes, hay, shreds,
oyster, clam or lobster shells, manure, swill, tin cans, decaying
fruit or vegetables, wastewater, seeds, or any refuse animal or vegetable
matter whatsoever, nor keep in or about any vacant lot, dwelling house,
barn, shed, store, shop or cellar any of the aforesaid substances
after the same shall have become putrid or offensive or a menace to
the public health.
No person shall suffer or permit any cellar, vault, private
drain, pool, sink, privy, sewer, or other place upon any premises
or grounds belonging to or occupied by such person to become offensive
or injurious to the public health.
No person or occupant or any person having control or charge
of any lot, tenement, premises, building, or other place shall cause
or permit any nuisance to be or remain in or upon said lot, tenement,
building, or other place, or between the same and the center of the
street, lane or alley adjoining.
No person shall erect, maintain or use within the compact part
of any ward of the City any swill house or building for rendering
any offal, tainted or damaged lard, tallow, or any putrid animal substance,
or for the deposit of green pelts or skins.
No person shall keep or use any pigpen, goat pen, chicken coop
or barnyard so near to any highway, park or public place as to be
offensive or a menace to the public health or offensive or a menace
to any person residing on an adjoining or abutting lot, nor shall
a pigpen, goat pen, chicken coop or barnyard be kept in such a condition
as to allow the contents therefrom to be discharged upon any adjacent
or abutting lot or upon any street, lane, park, alley or other public
place.
All petitions for the cleansing, removal, or abatement of any
nuisance or other activity prohibited in the foregoing sections shall
be made to the Health Officer, orally or in writing, stating distinctly
the character of such nuisance, the premises where the nuisance is
situated, and the reason for its removal or abatement. The Health
Officer shall cause an investigation of the alleged nuisance to be
made and shall make an initial determination as to whether the matters
described in the petition constitute a nuisance or violation of the
foregoing sections and shall promptly serve notice to abate nuisance
as set forth below. If it becomes necessary to institute legal proceedings
against the party complained about, the complainants shall, before
such proceedings are instituted, file a complaint in writing with
the City Solicitor who shall prosecute the same in his/her discretion.
A notice served on an owner, agent, or occupant of any property,
or left at the private residence of the owner, agent, or occupant,
or, if after due search neither can be found, posted on the front
door or wall or fence of such property, and a like notice sent to
the last known post office address of such owner, agent, or occupant
of the property, shall be considered sufficient and ample notice to
abate nuisance.
The Board of Health shall make such rules and regulations for
the prevention and removal of nuisances and for the control and restriction
of infections and contagious diseases and such other regulations relating
to the public health as, in its judgment, the health and safety of
the people may require. Promulgation and publication of such rules
and regulations shall be in accordance with the provisions applicable
to other boards and commissions of the City.
[Amended 10-15-2013;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Purpose. The provisions of this section are adopted pursuant to the
authority granted by RSA 47:17 and are intended to promote the public
health, safety and general welfare of the people of the City of Rochester
and to control noxious odors and/or other nuisances which may occur
from the stockpiling and/or land application of septage or sludge,
as the same are herein defined, within the City of Rochester through
the promulgation of this section regulating such activities. The purpose
of this section is to ensure that the beneficial use or disposal of
septage and sludge does not pose a threat to public health and safety,
by supplementing the requirements for removal, transportation and
disposal of septage and sludge found in 40 CFR Part 503 and at New
Hampshire Code of Administrative Rules Chapter Env-Wq 800, Sludge
Management.
B.
Applicability of federal and state regulations. All stockpiling,
land application, or other use, management or handling of septage
or sludge within the City of Rochester shall be conducted subject
to and in accordance with the requirements of all applicable federal,
state and local statutes, rules, regulations and/or ordinances, including,
without limiting the generality of the foregoing, the provisions of
40 CFR Part 503 and New Hampshire Code of Administrative Rules Chapter
Env-Wq 800, Sludge Management. For the purpose of section, words defined
in New Hampshire Code of Administrative Rules Chapter Env-Wq 800,
Sludge Management, shall retain such meaning herein.
C.
Additional regulations of septage and sludge. In addition to the rules, regulations and restrictions imposed upon the stockpiling, land application and/or other use of septage or sludge referred to in Subsection B above, the stockpiling, land application and/or other use of septage or sludge within the City of Rochester shall be subject to the following restrictions and/or requirements:
(1)
No use of septage or sludge requiring a facility permit as provided
for in Chapter Env-Wq 801 shall be permitted.
(2)
No stockpiling of sludge shall be permitted except in connection
with land application of sludge; provided further, however, that no
stockpiling of sludge in connection with land application of sludge
shall be permitted between January 1 and April 1 or between November
15 and December 31 of any calendar year.
(3)
Any person stockpiling sludge for longer than 12 hours shall cover
the stockpile with an odor control material, such as lime, wood ash
or cement kiln dust, to minimize odors.
(4)
Sludge shall be fully incorporated into the soil within eight hours
of spreading,
(5)
The practice of so-called "top dressing" of soil shall be prohibited.
(6)
No land application or spreading of sludge shall be permitted on
any hydric soil as defined in Section Env-Wq 1014.02 or in areas exhibiting
seasonal ponding. (For the purposes of this subsection, the determination
of the existence and/or location of hydric soils shall be made based
upon the results of an order No. 1 soil study to be submitted to the
Director of Building, Zoning, and Licensing Services by or on behalf
of the site operator.)
(7)
Every site operator shall file a copy of all materials required to
be filed with the State of New Hampshire with respect to a site application
pursuant to Section Env-Wq 806.01 with the Department of Building,
Zoning, and Licensing Services at the time such documents are filed
with the State of New Hampshire.
D.
Random testing. Any sludge used within the City of Rochester and
subject to the terms of this section shall be subject to random collection
and/or testing for the presence of fecal coliform at the discretion
and under the direction of the Director of Building, Zoning, and Licensing
Services.
E.
Permit fee. Before any operator shall receive sludge for stockpiling
and/or land application purposes as permitted pursuant to this section
in any calendar year, such operator shall pay to the Department of
Building, Zoning, and Licensing Services an annual sludge land application
permit fee of two hundred fifty dollars ($250.).
F.
Exceptions.
(1)
This section shall not apply to any septage or sludge which is managed
at a solid waste facility permitted by the Waste Management Division
of the Department of Environmental Services pursuant to RSA 149-M
and Chapters Env-Hw 100 to 1100, Env-Sw 200 to 1800 and Env-Or 300
to 700.
(2)
This section shall not apply to exceptional quality domestic sludge,
that is, sludge other than industrial sludge which meets all of the
following:
The owner, agent, occupant, or other person having care of any
stable, barn premises, or any other place where manure, swill, garbage,
or any other animal or vegetable substances accumulate shall cause
the same to be removed at such stated periods as the Health Officer
may designate, and in the event the Health Officer shall have designated
such stated periods, such substances shall be removed with such frequency
and regularity that such substances shall not be offensive or a menace
to the public health and welfare.[1]
[1]
Editor's Note: Original § 25.12, Licenses required,
which immediately followed this section, was repealed 5-1-2007.
No person shall transport fat, bones, or decayed, putrefied
or vile smelling animal or vegetable substance within the City limits
except in watertight, securely covered vessels from which no odor
can escape.
