Township of Old Bridge, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Old Bridge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 21.
Animals — See Ch. 39.
Housing — See Ch. 235.
Littering — See Ch. 265.
Mosquito breeding control — See Ch. 284.
Multiple dwellings — See Ch. 290.
Noise — See Ch. 300.
Peace and good order — See Ch. 342.
Pesticide control — See Ch. 355.
Property maintenance — See Ch. 366.
Solid waste — See Ch. 429.
Stormwater quality — See Ch. 432.
Abandoned vehicles — See Ch. 463.
[Adopted as Sec. 19-1 of the 1973 Revised General Ordinances]

§ 305-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
FOOD
Natural or prepared food, beverages and all other items intended for human consumption.
OWNER
Any person having any interest, legal or equitable, either alone or in combination with others, in any premises.
PERSON IN CONTROL OF PREMISES
Any person responsible for the maintenance and upkeep of any premises, whether as tenant, lessee or occupant, or as agent of any of them or as agent of an owner or otherwise.
PREMISES
Any building, structure, lot of land or part thereof.

§ 305-2 Notice to abate nuisance.

A. 
Whenever anything declared by this article to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Township, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified but not less than five days from the date of service.
B. 
Whenever anything declared by this article to be a nuisance or any unsanitary or unhealthy condition is found on any public property or on any highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified.

§ 305-3 Abatement by Health Officer.

If the owner or person in control of the premises upon being notified does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer or his agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.

§ 305-4 Recovery of costs.

A. 
Whenever any cost or expense is incurred by the Township as a result of the Health Officer, his agents or employees abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expenses may be recovered in the following manner:
(1) 
In all cases where permitted by law, such costs may be certified to the Tax Collector and shall be a part of the taxes next assessed upon the premises upon which the nuisance or unsanitary or unhealthy condition was located.
(2) 
Where the Township is not permitted by law to proceed under Subsection A(1) above, the cost or expense shall be recovered by an action at law in any court of competent jurisdiction, which action shall be instituted by the Health Officer in the name of the Township.
B. 
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this article.

§ 305-5 Manner of giving notice.

Notice required by the provisions of this article shall be in writing and shall be given to all the persons affected by it. Notice shall be served personally upon the person affected or by leaving a copy at his usual or last known place of abode or by mailing it to him at his usual or last known place of abode. Where the notice relates to any premises, a duplicate of it shall be left with one or more of the tenants or occupants. If the owner of the premises in question cannot be notified speedily, notice may be given by leaving it with one of the tenants or occupants or by posting it in a conspicuous place on the premises.

§ 305-6 Emergency powers.

Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort to legal proceedings:
A. 
Power to prevent the sale of food. The Health Officer may prohibit the importation into the Township or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
B. 
Power to seize and destroy unwholesome food. The Health Officer may order the seizure and destruction of any unstamped meat and of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to persons who consume it.
C. 
Suspension of licenses. The Health Officer may suspend temporarily the license of any person required to be licensed by any of the provisions of this article if he finds that the licensed activity is being conducted in such manner as to endanger the health or safety of the public.

§ 305-7 Inspection of premises.

The Health Officer, his agents and employees shall have the right to inspect any premises in the Township if they have reason to believe that any provision of this article is being violated. Any person who hinders, obstructs, resists, delays or prevents the Health Officer or any of his agents or employees from having full access to any premises shall be guilty of a violation of this article.

§ 305-8 Search warrant.

In addition to any penalties imposed for the violation of § 305-7, the Health Officer may apply to the Municipal Judge of the Township for a search warrant. The application shall be based upon an affidavit setting forth the conditions and circumstances that provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Municipal Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or unsanitary or unhealthy condition may exist.

§ 305-9 Rules and regulations.

The Health Officer shall have the power to make whatever written rules and regulations he may decide are necessary for the proper administration and enforcement of this article, but no rule or regulation shall conflict with or in any way alter, amend or supersede any of the provisions of this article.

§ 305-10 Enforcement.

The Health Officer shall enforce the provisions of this article.
[Adopted 8-28-1961 (Sec. 19-2 of the 1973 Revised General Ordinances)]

§ 305-11 Adoption of standards. [1]

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 Township Department of Health and Welfare in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code is annexed to and made a part of this article without the inclusion of the text herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 305-12 Title of code.

The code established and adopted by this section is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."

§ 305-13 Public record. [1]

Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the offices of the Director of the Department of Health and Welfare and the Township Clerk for the use and examination of the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).