The term "nuisance" as used herein shall be
defined to mean the use of property or rights by one in a manner which
causes another or others to be materially annoyed, inconvenienced
or to sustain injury or damage, or which similarly impairs or effects
the health, safety, comfort, sense of decency, morals or exercise
of rights by the person or persons so impaired or affected. There
are two types of nuisances: nuisances per se (absolute nuisances)
and nuisances in fact. A "nuisance per se" is an act, omission to
act, occupation or structure or the like which is a nuisance at all
times and under all circumstances. Nuisances per se shall include
the following:
A.
Placing or depositing in or upon any street or alley
or in or upon any public or private property any dead animal or any
part of same, any filth from cesspools, septic tanks or catch basins,
any garbage, any trash or debris or any other foul or offensive or
obnoxious matter or substance.
B.
Allowing or permitting any liquid or solid waste from
any septic tank, seepage pit or cesspool to be deposited and left
exposed in or upon any lawn or lot, public or private, within the
Borough of Glassboro.
C.
Allowing or permitting to exist any offensive or decomposing
solid or fluid matter or substance or any hazardous material to be
placed or leak onto or into any ground surface, roadway, stream, lake
or other body of water or any other lot or land, public or private,
within the Borough of Glassboro.
D.
Causing or allowing any litter, trash or debris or
the like to be generated, owned or located on a property in the actual
or constructive possession of a property owner, landlord, tenant or
other occupant which thereafter is caused, allowed or permitted to
remain on said property or adjacent property, by any act or omission
to act whatsoever, whether willfully, by an act of nature or through
neglect.
A.
No person or persons shall implicitly or knowingly
allow or cause any of the nuisances as defined or referenced herein
in this article or in any of the adopted state codes to occur within
the Borough of Glassboro.
B.
Any person, persons or business entity found or believed
to have caused or allowed a nuisance of any kind to exist within the
borough limits shall receive notice to abate same, and same shall
be abated within the time prescribed within such notice. If same is
not abated within the appropriate time, then the following will occur
at the Board's discretion:
(1)
Summons shall be issued and said person or corporation
shall be subject to the penalties as set forth herein.
(2)
An authorized representative of the borough shall
cause the condition to be corrected, and a reasonable cost of the
abatement shall be charged against the property on which the condition
occurred. The amount so charged shall become a lien upon the land
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
A.
No person or persons shall keep or allow to be kept
in any building or premises or on any ground of which he may be the
owner, lessee, tenant or occupant, within the limits of the Borough
of Glassboro, any horses, mules or other draft animals or cows or
cattle, excepting operating farms, without a written permit from the
Board of Health.
B.
No person or persons shall allow any ducks, geese,
fowl, cattle, swine or goats to run at large within this Borough,
and no person or persons shall keep or permit to be kept any fowl,
geese, swine, cattle or goats, except the keeping of fowl as hereinafter
provided. Homing pigeons shall not be considered fowl for the purposes
of this article.
C.
No person or persons shall keep or allow to be kept
in any dwelling house or building inhabited by human beings or any
part thereof any horses, cattle, swine, goats or fowl. For the purpose
of this article, any animals that have been professionally bred as
pets or exclusively for the use in a hobby shall be excluded from
these regulations.
All owners of real estate in the Borough of
Glassboro shall keep the same free and clear of all noxious weeds
and vegetation, and it shall be the duty of the Sanitary Inspector
to give written notice to any such person owning real estate in the
Borough of Glassboro wherein such noxious or unhealthy vegetation
exists, notifying such person that, if the same is not cut down or
otherwise removed within five days from the date of said notice, then
and in such case the Board of Health will cause the same to be cut
down or removed at the expense of the owner or owners of any such
real estate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each violation of the provisions of this article
shall constitute a separate offense, and each violation shall be punishable
by a penalty of not less than $50 nor more than $1,000. Each day of
violation shall constitute a separate offense or violation.
