[HISTORY: Adopted by the Council of the Township
of Montclair as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-23-2000 by Ord. No. 00-19]
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 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 Council in removing or abating such nuisances
and prescribing penalties for violations is hereby established pursuant
to N.J.S.A. 26:3-69.2. A copy of said code is annexed hereto and made
a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this article
is described and commonly known as the "Public Health Nuisance Code
of New Jersey (1953)."
Three copies of said Public Health Nuisance
Code of New Jersey have been placed on file in the office of the Municipal
Clerk upon the introduction of this article and will remain on file
there for use and examination of the public.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
[Adopted 7-16-2013 by Ord. No. O-13-33]
For the purpose of this article, the following words or phrases
shall have the meaning prescribed below:
To repair, replace, remove, destroy or otherwise remedy a
condition which constitutes a violation of this ordinance to the extent
necessary in the interest of general health, safety and welfare of
the community.
A plan, developed by the property owner in cooperation with
the Police Department, outlining the steps the property owner will
take to abate the nuisance violations.
Property on which any combination of three or more nuisance
activities has occurred in a calendar year.
A violation of Title 2C, the New Jersey Criminal Code of
Justice, and/or municipal ordinances.
A.
Whenever the Chief of Police determines that three or more nuisance
activities have occurred at the premises during a twelve-month period,
the Chief may notify the premises' owner in writing. In determining
the requisite number of nuisance activities, the Chief may count separate
qualifying activities occurring on the same day (as long as they are
distinct in time). Nuisance activities reported by the owner shall
not be counted toward the requisite number of nuisance activities.
The notice shall be deemed to be properly delivered if sent
either by certified mail to the property owner listed in the Township's
tax records or delivered in person to the property owner.
Any owner receiving notice pursuant to this article shall meet
with the Chief of Police, or his/her designee, within five business
days of receipt of such notice. The parties shall review the problems
occurring at the property and develop an abatement plan to end the
nuisance activity on the property. The plan shall also specify a name
and contact information for a responsible person who can be contacted
in the event of further police, fire, or inspection contact.
Failure by the owner to adhere to the abatement plan shall make
the owner subject to fines in the amount as follows: not less than
$500 for each offense. Every day that the violation continues shall
constitute a separate and distinct offense.
