[Prior code § 10-2; amended by Ord. 99-19 § 7, 1999]
A.
Adoption by Reference. Pursuant to Chapter 188, Laws of 1950, the
"Public Health Nuisance Code of New Jersey (1953)" is adopted by reference
for the Borough with the exception of Sections IV and VI. A copy of
the code is annexed to this section and made a part of this section
without the inclusion of the text herein. The code defines and prohibits
certain matters, things, conditions or acts and each of them as a
nuisance, authorizes the inspection of premises by the board of health
and provides for removal or abatement of certain nuisances, as well
as recovery of expenses incurred by the board of health.
B.
Public Record. Three copies of the "Public Health Nuisance Code of
New Jersey (1953)," plainly marked as to the sections adopted, have
been placed on file in the office of the secretary of the board of
health and shall remain on file for the use and examination of the
public.
C.
Penalty. Any person who violates or neglects to comply with any provision
of the code as adopted shall, upon conviction, be liable to a penalty
of not less than $5 nor more than $500 for each violation.
[Prior code § 10-3; amended by Ord. 93-2 § 1, 1993; Ord. 99-19 § 7, 1999; Ord. 2000-10 §§ 1, 2, 2000]
In addition to the matters, things, conditions or acts prohibited in the "Public Health Nuisance Code of New Jersey (1953)," adopted by Section 8.20.010 of this chapter, the following provisions of this section are declared to be nuisances:
A.
Below-Grade Lands.
1.
No property owner in the Borough shall maintain his or her property
below the grade established by the Borough engineer, or permit or
suffer to be maintained on his or her property any low areas wherein
water may accumulate and which may become mosquito breeding pools.
2.
In the event that any property owner maintaining a nuisance on his
or her property, as described in this subsection, shall fail to abate
such nuisance within 30 days from receipt of written notice to do
so, the board of health shall arrange for the abatement of the nuisance
set forth in the notice, at the expense of the property owner involved,
and the cost thereof as ascertained by the board of health, plus interest,
shall be collected from the owner.
B.
Water Pollution. No person shall:
1.
Place upon the banks of or discharge into any natural body of water
any material tending to pollute such water;
2.
Maintain any toilet, cesspool or other receptacle or device for the
disposal of excrement or other waste matter, human or otherwise, which
is not water tight or from which the waste matter escapes into any
natural body of water for any reason, including flooding by storms
or unusually high tides.
C.
Sanitation of Privies. No person shall maintain any cesspool, private
disposal plant, outdoor toilet or privy in any unsanitary condition,
or so that offensive odors will emanate therefrom, or one not provided
with a well-fitting fly-proof cover.
D.
Foul Discharges. No person shall discharge foul or nauseous liquids
or kitchen slops from any establishment so that such liquids shall
pass into or along any of the public streets or highways of this Borough.
E.
Dead Animals. No person shall cast or lay the carcass of any dead
animal or any excrement or filth on any public highway in the Borough
or on any vacant land.
F.
Community Welfare. No person shall produce, keep or maintain anything
of any character that shall be injurious to the health or prejudicial
to the business interests of individuals, households or the community-at-large
of the Borough.
G.
No person shall neglect to provide and use garbage cans with tight fitting covers when disposing of garbage, litter, refuse or rubbish as defined in Section 8.12.010. No person shall overload any garbage can so that the gross weight exceeds 100 pounds, nor shall any person willfully upset garbage cans on any street or sidewalk within the Borough.
H.
Hazards to Persons.
1.
No person shall maintain or permit the maintenance on property owned
or controlled by him or her of any thing or condition likely to cause
injury to any person, including but not limited to the following:
a.
A water-filled excavation;
b.
One or more automobile bodies, frames or chassis; one or more
automobiles unable to be self-propelled, or one or more abandoned
automobiles;
c.
A crumbling stone or brick wall imperiling a sidewalk area;
d.
One or more abandoned boats;
e.
One or more mounds of girders, lumber or other building material;
f.
An uncovered wall;
g.
An excavation or cellar which has remained uncovered or unfenced
for three months;
h.
Refuse and debris resulting from construction activities or
the demolishing of a building which has remained on the land for a
period of one month or more after completion of the construction or
demolition work.
2.
This subsection shall not apply to any lawful business requiring
the maintenance of the thing or condition in question, providing adequate
precautions are taken to prevent injuries to persons.
I.
Penalty. Any person violating any of the provisions of this section
shall be subject to a fine of not less than $100 nor more than $500
to be imposed by any court of competent jurisdiction, the convicted
party to stand committed till such fine is paid or imprisonment not
exceeding 30 days or both, at the discretion of the magistrate before
whom the cause may be brought.
J.
Bulkheads in Disrepair. No property owner shall allow bulkheads in
such state of disrepair as to permit the earth and fill behind the
bulkhead to wash into the tidal waters abutting the bulkhead or to
endanger or be likely to endanger persons or property.
K.
Depressions or Holes Created Behind Bulkheads and Retaining Walls.
No property owner shall allow depressions or holes created behind
bulkheads and retaining walls as a result of the disrepair of such
bulkhead or retaining wall as hereinabove described which may endanger
or be likely to endanger persons or property.
