[HISTORY: Adopted by the Township Committee of the Township of Sandyston 5-8-2018 by Ord. No. 2018-04. Amendments noted where applicable.]
This chapter shall be known as the "Sandyston Township Nuisance Ordinance of 2018."
For the purposes of this chapter, the following terms shall have the meanings listed below.
- LAW ENFORCEMENT OFFICER
- Any officer of the New Jersey State Police or Sussex County Sheriff's Office.
- A nuisance exists when a person, through action or omission, creates or permits any condition or thing to exist, which either:
- A. Injures or endangers the comfort, repose, health or safety of others;
- B. Creates or allows to be created noxious odors or other odors that are offensive to the senses;
- C. Allows 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 gasses as to cause injury, detriment or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety;
- D. Allows or permits any condition which provides harborage for rats, mice, and other vermin;
- E. Allows trees, branches or limbs originating from one's property to remain on any public sidewalk so as to create an inconvenience or danger to pedestrians or others using the sidewalk;
- F. Results in the unlawful interference or obstruction of any public or private street, alley, highway, sidewalk, stream, ditch or drainage, or renders the use of same dangerous;
- G. Results in conduct that would constitute maintaining a nuisance under N.J.S.A. 2C:33-12;
- H. Renders other persons insecure in life or the use of property; or essentially interferes with the quiet enjoyment of life and property, or tends to depreciate the value of the property of others;
- I. Results in conduct that is a nuisance to the conduct of business;
- J. Creates noise that is unreasonable in time, duration and volume as to infringe on the surrounding party's quiet enjoyment of their said property.
- TOWNSHIP OFFICIAL
- Any person employed by the Township, either full or part time, or who works for the Township on an independent basis and whose job duties include the enforcement of any ordinance, regulation, code or statute or making inspection to ensure compliance with any ordinance, regulation, code or statute. This includes, but is not limited to, the Zoning Officer/Official.
It shall be unlawful for any person to cause, permit, maintain or allow the creation of a nuisance.
In addition to the nuisances as defined in § 106-2 and prohibited in § 106-3 of this chapter, no person shall intentionally or willfully engage in conduct which interferes with, obstructs or otherwise unlawfully disrupts the lawful activities of any commercial or retail establishment or place of business located in the Township of Sandyston.
Upon becoming aware of a nuisance as defined in this chapter, any Township Official or Law Enforcement Officer is authorized to issue a summons against the owner or occupant of the property where the nuisance is emanating, or if not fixed, to the person responsible for the nuisance.
In the event a person or entity is convicted for a violation of this chapter, the violator shall be subject to a fine set within the range as specified below and depending on the offense as determined by the Municipal Court Judge:
For a first offense: The minimum fine shall be $100 for each violation with a maximum fine of $300 for each violation;
For a second offense: The minimum fine shall be $300 for each violation with a maximum fine of $600 for each violation;
For a third and subsequent offense: The minimum fine shall be $600 for each violation with a maximum fine of $1,000 for each violation.
In addition to fines provided for in Subsections A through C above, the court may impose an additional fine for each day the violation is not cured commencing on the court date. The amount of these daily fines shall be determined consistent with the amounts authorized in Subsections A through C above.
For purposes of this section, a subsequent offense shall mean a subsequent violation occurring at the same property but not necessarily for the same condition. If one year should pass without a violation occurring on a property as determined by a conviction in court, any violation after that one-year period shall be considered a first offense.
For any violation that is uncured after a conviction, it shall be deemed a continuing violation of the original summons and a daily fine may be imposed without the necessity of issuing a further summons.
As an additional and cumulative enforcement right to the procedures and remedies set forth in §§ 106-5 and 106-6, the Township, or persons authorized by the Township, may, in the event of any violations of this chapter, enter upon the offending premises and remove, repair or alter any nuisance, hazard or dangerous structure or condition on such property, or otherwise abate any identified nuisance. Further, the Township may collect the costs of such removal or abatement, together with any penalty and costs as granted in summary proceedings, from the owner of the property or premises.
The Township may by means of a complaint filed in the New Jersey Superior Court, Chancery Division or other appropriate division of this court, obtain injunctive relief in order to compel the owner or occupant of a structure or premises from where the nuisance is emanating or originating, or the owner or operator of any equipment, device or machinery which is the source of the nuisance, to abate and cease the nuisance.
All ordinances and parts of ordinances inconsistent with any part of this chapter are hereby repealed to the extent that they are in such conflict or inconsistent. If any section, paragraph, subparagraph, sentence, clause, or phrase of this chapter shall be held to be invalid by any court, such decision shall not invalidate any remaining portion of this chapter.
This chapter may be renumbered for codification purposes.
This chapter shall take effect upon passage and publication as soon as practicable and in the manner provided by law.