City of Hoboken, NJ Nuisances

Editor's Note: The former definition of "authorized agent," which immediately preceded this definition, was repealed 5-16-2012 by Ord. No. Z-178.

§ 136-2 Prohibited acts.

[Amended 8-14-1996 by Ord. No. R-196; 5-16-2012 by Ord. No. Z-178]

The following matter, things, conditions or acts are hereby declared to be a nuisance and injurious to the health and safety of the inhabitants of the City of Hoboken, and are therefore prohibited, in accordance with the below rules and regulations:

[Amended 8-6-2014 by Ord. No. Z-303; 12-20-2017 by Ord. No. Z-535; 10-17-2018 by Ord. No. B-76]

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. Any container maintained for the short-term collection of refuse, recycling, composting or rainwater must have a properly fitting lid, be access-resistant to insects and rodents and must be maintained in good working order at all times and must be kept in a clean and sanitary way.

Burying, depositing, maintaining or permitting to be maintained or to accumulate upon any private premises any wastewater, sewage, garbage, refuse, offal or excrement; any dead animals; or any foul, putrid or noxious substance; and:

(a)

Placing, depositing or accumulating refuse upon or within any private premises, except in plastic bags or refuse containers in accordance with Chapter 110 (Garbage, Rubbish and Litter).

(b)

Throwing or depositing litter on any occupied private premises within the City, whether owned by such person or not, except that the owner or person in control of private premises may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private premises.

(c)

Failing to provide a fence around vacant private premises.

Allowing or suffering to allow any waste container in which garbage, offal, scraps, food waste and any other material liable to decay, or recyclable material, is held in or upon any premises which is not watertight, tightly covered and so kept at all times in accordance with Chapter 110 (Garbage, Rubbish and Litter). Containers designed for the specific purpose of composting are permitted, provided they are of a closed type with an airtight lid and catch basin for collection of compost tea.

[Amended 8-3-2023 by Ord. No. B-588]

(4)

Pollution or the existence of a condition or conditions which cause or threaten pollution of any water, including stormwater, in such a manner as to cause or threaten injury to any inhabitants of this municipality either in their health, comfort or property.

(5)

The existence or presence of any open standing water or other liquid in which mosquito eggs, larvae or pupae may breed or exist. This regulation does not prohibit the use of covered, enclosed and properly maintained rain barrels.

(6)

The escape of such quantities of smoke, fly ash, dust, fumes, vapors, mist or gas into the open air from any stack, vent, chimney or any entrance or from any nonaccidental fire as to cause injury, respiratory distress, watering of eyes or other physical malady to persons or damage to property.

(7)

The use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches, repulsive to the physical senses, which annoy, discomfort, injure or inconvenience the health of persons within the municipality.

(8)

Allowing any building to be occupied as a tenement house, apartment house, dwelling house, rooming house, factory building or food establishment, without a plentiful supply of potable water suitable for domestic or personal requirements, by any person who is responsible for such provision, by reason of ownership, possession or agreement, or in which the water supply has been turned off for any reason except to repair faulty plumbing.

(9)

Failing to make and maintain any dwelling or dwelling unit, rooming house, property or place of business reasonably vermin proof and rodent proof, including allowing rat holes, burrows, or other evidence of infestation, and exterminate the same. Within seven days of extermination, the property owner or property manager shall cause all of the rat holes or burrows to be filled with earth or other suitable material.

[Amended 9-20-2023 by Ord. No. B-603]

(10)

Allowing or suffering to allow the occupancy of any structure, dwelling or place of business that does not meet the minimum health, safety and habitability standards set forth in the Municipal Code, including but not limited to Chapter 80, Buildings and Dwellings, Dangerous or Unfit, Chapter 95, Dwellings; Minimum Standards, Chapter 115, Health/Sanitary Code, Chapter 116, Heating of Buildings, and Chapter 120, Maintenance of Hotels and Multiple Dwellings, and all applicable firesafety and construction codes as established by the State of New Jersey.

(11)

The placing of any household, commercial or industrial waste or refuse, or construction or demolition materials, into City litter receptacles.

(12)

The dissipation into the air of dirt, debris, dust or materials from any construction site or any public or private place where such materials are stored.

(13)

Failing to keep the rain leaders, gutters, sewers and drains of any structure, dwelling or place of business in good working order and in a state of sound repair, and failing to keep contents thereof from flowing onto or into adjacent premises or property.

(14)

Allowing litter, refuse, or garbage in or upon any public place, as follows:

(a)

Allowing the accumulation of refuse upon the sidewalks adjacent to private premises, which shall be the responsibility of the owner of the private premises.

(b)

Placing refuse in any public place, except in City litter receptacles or in plastic bags or refuse containers for collection in accordance with Chapter 110 (Garbage, Rubbish and Litter).

[Amended 8-3-2023 by Ord. No. B-588]

(c)

Discarding or throwing of any food product or waste in any public place or private premises.

(d)

Placing of food for animal consumption in any public place.

(e)

Sweeping into or depositing in any public place the accumulation of litter from any building or lot or from any public place or private premises.

(f)

Throwing or depositing litter in any public place, except in public receptacles or in authorized private receptacles for collection.

(g)

Placing any litter in any public place for collection unless such litter is securely wrapped or deposited in properly covered private receptacles in such a manner as to prevent it from being carried or deposited by the elements upon any public place.

(h)

Throwing in or upon any public place any ashes, cinders, glass, crockery, wire, tacks, nails or metal or other substance of any nature likely to cause injury to pedestrians or vehicles.

(i)

Permitting the contents of any vehicle to be scattered onto any public place.

(j)

Placing any litter, disposable plastic bag, or refuse container in any public place for collection earlier than 7:30 p.m., except for addresses directly on Washington Street, earlier than 9:00 p.m., in accordance with Chapter 110 (Garbage, Rubbish and Litter).

[Added 8-3-2023 by Ord. No. B-588]

(15)

Allowing the growth or accumulation of weeds and other vegetation upon private premises or in any public place, which shall be the responsibility of the owner of the property, or for such accumulation on sidewalks, the owner of the adjacent private premises, where the growth or accumulation:

(a)

Exceeds six inches in height, except for healthy specimen trees, ornamental grasses, shrubs or plants grown in a tended and cultivated garden.

(b)

Regardless of height, harbors, conceals or invites deposits or accumulations of refuse, trash or animal wastes.

(c)

Harbors or may harbor rodents, insects or other vermin.

(d)

Gives off unpleasant or noxious odors.

(e)

Constitutes a fire or traffic hazard.

(f)

Has grown to tree height.

(16)

Trees that are damaged or dead to the extent that a falling limb or tree part could cause injury or property damage, which shall be the responsibility of the owner of the property, or for such accumulation on sidewalks, the owner of the adjacent private premises.

(17)

The growth, existence or presence of ragweed on any plot of land, lot, street, highway, right-of-way or any other public place or private premises.

(18)

The growth, existence or presence of poison ivy on any property, public place or private premises.

(19)

All wires, ropes or lines over any public place which are not authorized or permitted by the City or which are strung so that the lowest portion is less than 15 feet above the surface of the ground.

(20)

Idling of commercial vehicles for more than three minutes in any district or by any vehicle, commercial, public or private, for any amount of time in a posted school zone.

(21)

Spitting upon any public sidewalk or crossing or upon the floor or any part of a building or public conveyance.

(22)

The keeping of any animal or animals under unsanitary conditions.

(23)

The continuous barking or crying of dogs, birds or other animals.

(24)

No person shall keep or harbor any livestock or unlawful wildlife unless specifically licensed to do so from by the Health Officer or pursuant to law.

(25)

No self-storage facility within the boundaries of the City of Hoboken shall be open to its clients or the public for any loading or unloading to or from the building between the hours of 9:00 p.m. and 6:00 a.m. on any day of the week. For purposes of subsection, "self-storage facility" shall mean a facility in which storage space (such as rooms, lockers, containers, and/or outdoor space) is rented to tenants, usually on a short-term basis (often month to month).

[Added 8-6-2014 by Ord. No. Z-303[1]]

Editor's Note: This ordinance also redesignated former Subsection A(25) as Subsection A(26).

(26)

Any other matter, thing, condition or act which is or may become injurious, detrimental, a menace or endanger the health of the inhabitants of this municipality.

(27)

The existence or presence of graffiti on any property, public place or private premises.

(28)

Throwing, casting, or distributing any handbill, circular, sticker, card or other advertising matter whatsoever, in or upon any street or public place, or in a front yard or in any vehicle or in the vestibule or hall of any building or in any place from which such matter may be blown by the wind onto a street or public place, or place on any pole or public sign any advertising matter unauthorized by the owner of said pole or public sign.

(29)

Distributing or offering for sale in any street or public place or store adjacent thereto any fruit, vegetables, water, ice, ice cream, candy, hot dogs, hamburgers or similar food product without providing, in a conspicuous place nearby, a receptacle for all used containers, wrappers and other waste materials and failing to dispose of said receptacle and its waste contents prior to the close of business for the day.

(30)

Knowingly, carelessly, or negligently permitting any dog to commit any nuisance upon any sidewalk or any public place or place of public accommodation; omitting to do any reasonable and proper act or to take any reasonable and proper precaution to prevent any such dog from committing any such nuisance in or upon any of the places or premises herein specified.

(31)

Depositing or dumping any earth, dirt, rock, rubbish or other article contrary to the provisions of this chapter, upon any public place in the City.

(32)

Leaving or abandoning any shopping cart upon the sidewalks, streets or roadways of the City.

(33)

Burning any litter in any open place, whether public place or private premises, or in any outside receptacle, incinerator or outdoor fireplace.

(34)

Failing to properly dispose of newspapers, boxes, carton and crates, which should be collapsed and securely tied in bundles not to exceed two feet in length, height and width and kept separate from other refuse.

(35)

Failing to keep the sidewalks, air shafts, areaways, backyards, courts, alleys, flagging and curbstone abutting private premises free from obstruction and nuisances of every kind, including garbage, refuse, rubbish, litter and other offensive material, including between the curbstone abutting the private premises and the roadway area extending 1 1/2 feet (18 inches) from the curbstone into the street on which the building or premises fronts.

(36)

Leaving/parking an electric scooter or permitting an electric scooter to be left or parked in a public right-of-way in the middle of the sidewalk and/or leaving/parking an electric scooter or allowing an electric scooter to be left/parked on the street or sidewalk in a manner that is hazardous to pedestrians. This subsection shall apply to both users of electric scooters and electric scooter operators within the City of Hoboken. Tickets may be simultaneously issued to both users and operators for the same offense.

[Added 12-4-2019 by Ord. No. B-201]

(37)

Allowing water to be directed/discharged from private property into the public right-of-way and onto/across the sidewalk and/or street on an ongoing basis. This section shall be enforced by the Hoboken Construction Official. Violators will be first issued a notice and advisement of this section. If upon inspection there is a second violation, a final notice will issue. If a third violation is observed, the property owner will be provided 15 days to cure the defective condition. Failure to comply will result in penalties, accrued each week the violation persists, in an amount up to $250 per week.

[Added 2-2-2022 by Ord. No. B-436]

(38)

No person shall feed birds, rodents or any other nondomesticated wildlife on public streets, sidewalks, parks and/or public places.

[Added 6-1-2022 by Ord. No. B-465

(39)

Knowingly permitting any plant pest to exist, which shall be the responsibility of the owner of the property, or for such accumulation on sidewalks, the owner of the adjacent private premises.

[Added 11-2-2022 by Ord. No. B-500]

It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this section.

Each prohibited act shall constitute a separate violation.

§ 136-3 Bamboo plants.

[Added 10-17-2018 by Ord. No. B-76[1]]

Purpose. It is determined that certain types of the bamboo plant are invasive and often difficult to control, and can cause significant damage to property. The purpose of this section is to preserve and protect public places and private premises in the City of Hoboken from the damaging spread of bamboo, to protect indigenous and other plant materials from the invasive spread of bamboo, and to maintain the general welfare of the residents of the City of Hoboken.

Prohibition. No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of plant species commonly known as running (monopodial) bamboo or clumping (sympodial) bamboo upon any property located within the City of Hoboken. This prohibition shall include but is not limited to the following plant genera:

Arundinaria;

Bambusa;

Chimonobambusa;

Dendrocalamus;

Fargesia;

Phyllostachys;

Pleioblastus;

Pseudosasa;

Sasa;

Sasaella;

Semiarundinaria.

Duty to confine. In the event any species commonly known as running bamboo or clumping bamboo is located upon any property within the City of Hoboken, prior to the effective date of this prohibition, the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private premises or public place.

In lieu of confining the species, the property owner or occupant may elect to totally remove the bamboo from the property and all affected properties.

Failure to properly confine such bamboo shall require removal as set forth below. The cost of said removal shall be at the bamboo property owner's expense.

This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the City Inspector that the bamboo which is on his/her property at the time of the adoption of this section originated on another property.

Removal.

In the event running bamboo or clumping bamboo is present on the effective date of this prohibition and a complaint is received by the City regarding an encroachment of any bamboo plant or root, and the City Inspector, after observation and/or inspection, determines that there is an encroachment or invasion on any adjoining/neighboring private premises or public place (hereinafter, "the affected property"), the City shall serve notice to the bamboo property owner in writing that the bamboo has invaded other private premises or public places and demand the removal of the bamboo from the affected property, and demand approved confinement against future encroachment or, in the alternative, the total removal from the bamboo property owner's property. Notice shall be provided to the bamboo property owner, as well as to the owner of the affected property, by certified, return-receipt-requested mail and regular mail. Within 45 days of receipt of such notice, the bamboo property owner shall submit to the City Inspector, with a copy to the owner of the affected property, a plan for the removal of the bamboo from the affected property, which plan shall include restoration of the affected property after removal of the bamboo. Within 120 days of receipt of approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the City.

If the bamboo property owner does not accomplish the removal of the bamboo from such other private premises or public place in accordance herewith, the City Inspector shall cause a citation to be issued and penalties to be imposed in accordance with N.J.S.A. 40:49-5 (Penalties for violating ordinances) for each day the violation continues, enforceable through the Municipal Court of the City of Hoboken. The City may also institute civil proceedings for injunctive or civil relief.

Nothing herein shall be interpreted as limiting the rights of an owner of private premises to seek civil relief through a court of proper jurisdiction, nor the institution of civil proceedings against the proper parties.

Replanting prohibited. Any running bamboo or clumping bamboo either planted or caused to be planted or existing on the effective date of this regulation may not be replanted or replaced once such bamboo is or has become dead, destroyed, uprooted, or otherwise removed.

Editor's Note: This ordinance also renumbered former § 136-3, Rules and orders; promulgation, as amended, as § 136-4 and repealed former § 136-4, Hearings, as amended, in its entirety.

§ 136-4 Spotted latternfly.

[Added 11-2-2022 by Ord. No. B-500[1]]

Purpose. The spotted lanternfly, Lycorma delicatula, is a dangerous plant pest to forests, ornamental trees, orchards and grapes and is not native to New Jersey or the United States. The spotted lanternfly has been determined by the New Jersey Department of Agriculture to be dangerous and destructive to the agricultural industries, environmental resources, and residential areas of New Jersey, and is therefore considered a public nuisance. The purpose of this section is to preserve and protect public places and private premises in the City of Hoboken from the damaging spread of the spotted lanternfly, to protect indigenous and other plant materials from the invasive spread of the spotted lanternfly, to maintain the general welfare of the residents of the City of Hoboken, and to minimize further economic damage to the lumber, viticulture, nursery, and tourism industries in New Jersey.

Prohibition. No owner, tenant or occupant of a property, or person, corporation or other entity, shall knowingly permit any plant pest so declared to exist upon any property located within the City of Hoboken, or to sell, offer for sale, give away or move any plants, plant products or other material capable of harboring the pest.

Duty to control. The property owner shall be responsible for controlling or eliminating any life stage of the plant pest Lycorma delicatula (spotted lanternfly) on the property, or for such accumulation on sidewalks, the owner of the adjacent private premises.

Control procedures.

Control procedures may include pesticide application, or removal of Ailanthus altissima trees, or any combination thereof, to reduce the available host of the spotted lanternfly and to decrease the population of the spotted lanternfly.

All control procedures will conform with methods approved by the Department, in addition to all applicable federal, state, and municipal laws and ordinances.

Control work may be done by the property owner or by a contractor hired by the property owner. Where a contractor is hired, the contractor shall be fully insured and properly licensed in New Jersey as applicable, including but not limited to pesticide applicator licensing, licensed tree care operator, and/or licensed tree expert.

(4)

At the discretion of the Director of Environmental Services or their designee, and subject to availability of the necessary resources, the Department may request and the property owner may consent to the City of Hoboken and/or the Hudson Regional Health Commission carrying out the necessary control measures on the owner's property.

Continuing obligation. The obligation of the property owner to control the plant pest spotted lanternfly (Lycorma delicatula) shall continue so long as the plant pest spotted lanternfly (Lycorma delicatula) exists on the property.

Editor's Note: Pursuant to this ordinance, former §§ 136-4 and 136-5 were renumbered as §§ 136-5 and 136-6, respectively.

§ 136-5 Rules and orders; promulgation.

[Amended 8-14-1996 by Ord. No. R-196; 10-17-2018 by Ord. No. B-76]

The Health Officer and the Director of Environmental Services, at his or her discretion, is hereby empowered to promulgate rules and orders to prevent what is or what may become injurious, a detriment, a menace, a nuisance, an annoyance, or anything that interferes with the comfort, repose, health or general well-being of the inhabitants of this municipality or general public as it applies to the above nuisances. Such rule or order shall be effective immediately and shall supersede any permit, rule or agreement, both public or private. Any person or agency, whether public or private, who receives such order shall comply with all aspects of said order or rule immediately. Any person who refuses or neglects to comply with such rule or order of the Health Officer shall face penalties prescribed in this chapter.

§ 136-6 Inspections.

[Amended 10-17-2018 by Ord. No. B-76[1]]

Any directors of the enforcement agencies or their authorized agents are hereby authorized to make inspections of any dwelling, structure, or building, whether commercial or private, or any outside area or place, in order that such director may perform his or her duty of safeguarding the health and safety of the inhabitants of this municipality or general public. These individuals shall be empowered to inspect, examine, survey, photograph, lawfully test and acquire evidence from any dwelling, structure, or building, whether commercial or private, or any outside area or place, for the purpose of meeting the requirements of this section.

It shall be unlawful to hinder, obstruct, delay, resist or prevent a representative of the enforcement agencies from having full access to any place or premises upon which a violation of this chapter is believed to exist.

Editor’s Note: This ordinance also repealed former § 136-6, Summary of abatement of nuisance by Health Officer.

§ 136-7 (Reserved) [1]

Editor’s Note: Former § 136-7, Enforcement, was repealed 10-17-2018 by Ord. No. B-76.

§ 136-8 Violations and penalties.

[Amended 8-14-1996 by Ord. No. R-196; 5-16-2007 by Ord. No. DR-312; 11-2-2016 by Ord. No. Z-448; 6-6-2018 by Ord. No. B-37; 10-17-2018 by Ord. No. B-76; 12-1-2021 by Ord. No. B-413]

Any person who shall violate any provision of this chapter or any provision of any rule or regulation or order adopted by the Board of Health pursuant to the authority granted by this chapter shall, upon conviction or guilty plea, in the Municipal Court of Hoboken or other court of competent jurisdiction, be punished by a fine of $250 for the first offense; $500 for the second offense; and $1,000 for the third and all subsequent offenses.

Each day's failure to comply with any provision, rule, or order shall constitute a separate and distinct offense.

§ 136-9 Removal of nuisance by City; administrative lien.

[Added 10-17-2018 by Ord. No. B-76[1]]

In accordance with N.J.S.A. 40:48-2.13, where it shall be necessary and expedient for the preservation of the public health, safety, and general welfare, or to eliminate a fire hazard on private premises, the owner or tenant of the private premises lying within the City of Hoboken shall remove or destroy from such premises brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove or destroy same.

In accordance with N.J.S.A. 40:48-2.13a, where it shall be necessary and expedient for the preservation of the public health, safety, or general welfare to remove or destroy any solid waste on a private premises stored in such a way that it is accessible and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds, or rodents, the owner or tenant of the private premises shall be required to remove or destroy same within a reasonable period of time of not less 72 hours and not more than 10 days after service of written notice upon the owner or tenant.

Where the owner or tenant shall have refused or neglected to remove or destroy a nuisance as specified in Subsections A and B above in the manner and in the time as described in the notice, the City may remove or destroy same under the direction of the director of any of the enforcement agencies or said enforcement agencies' designees.

In accordance with N.J.S.A. 40:48-2.14, where the nuisance is removed by the City, the Director of Environmental Services or his or her designee shall certify the cost thereof to the governing body, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate of taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

In no event shall the assessment of costs against the owner or tenant of such lands relieve such owner or tenant of penalties imposed for violation of this section in accordance with § 136-8.

Where it shall be necessary in the interest of the public health, safety, and general welfare for the City to perform rodent baiting or other pest control services, the City shall be permitted to charge the cost of same to the owner of the property, so long as the City provides the owner with notice and an opportunity to cure as follows:

[Added 1-18-2023 by Ord. No. B-527]

The City shall provide notice to the property owner in writing that rodent baiting and/or other pest control services are necessary. Said notice shall provide the owner with at least 14 days to have the required services be performed to the satisfaction of the City. If the owner does not perform the required work within 14 days, the City shall provide a second notice to the property owner indicating the date and time that the services will be performed by the City, which date shall be at least seven days from the date of the second notice. The property owner may ask the City's permission to perform the work themselves after receipt of the second notice, which permission shall not be unreasonably withheld.

If the property owner does not perform the services or advise the City of intent to perform said services after receipt of the second notice, the City may have the services performed and bill the property owner, which may be paid directly to the City within 30 days. If not paid directly to the City within 30 days, the City may cause a lien to attach to the property.