[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979
by Ord. No. 79-111 as Ch. 13, Art. 10, of the 1979 Revised
General Ordinances of Paterson. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 105.
Animals — See Ch. 121.
Brush, grass and weeds — See Ch. 149.
Dangerous and unfit buildings — See Ch. 157.
Graffiti — See Ch. 255.
Housing-property maintenance — See Ch. 271.
Housing standards — See Ch. 275.
Littering — See Ch. 313.
Noise — See Ch. 337.
Rodent control — See Ch. 385.
Solid waste — See Ch. 427.
Spitting — See Ch. 431.
As used in this chapter, the following terms shall have the meanings
indicated:
The Health Officer or other official authorized by the Council to
enforce this chapter.
No person shall commit, maintain or allow any nuisance as declared and described in § 341-3 within the limits of the city.
The following matters, things, conditions or acts and each of them are
hereby declared to be a nuisance and injurious to the health of the inhabitants
of the city:
A.
Any matter, thing, condition or act which is or may become
detrimental or a menace to the health of the inhabitants of the city.
B.
Any matter, thing, condition or act which is or may become
an annoyance or interfere with the comfort or general well-being of the inhabitants
of the city.
C.
Pollution or existence of a condition or conditions which
cause or threaten pollution of any waters in the city in such manner as to
cause or threaten injury to any of the inhabitants of the city either in their
health, comfort or property.
D.
The escape into the open air from any stack, vent, chimney
or any entrance to the open air or from any fire into the open air of such
quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause
injury, detriment or annoyance to the inhabitants of the city or endanger
their comfort, repose, health or safety.
E.
The growth, existence or presence of ragweed on any plot
of land, lot, highway, right-of-way or any other public or private place.
F.
The growth, existence or presence of poison ivy within
twenty (20) feet of any property line.
G.
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
H.
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter which may attract flies and to
which flies may have access or in which fly larvae or pupae breed or exist.
I.
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.
No person shall rent, lease or otherwise permit the occupancy of any
building as a residence, nor shall any person reside in any building as its
owner, which building violates any building or fire codes or subcodes.[2]
A.
All places and premises in the city shall be subject
to inspection by the Health Division or the enforcing official if the Health
Division or the official has reason to believe that any section of this chapter
is being violated.
B.
No person shall hinder, obstruct, delay, resist or prevent
the Health Division or the enforcing official from having full access to any
place or premises upon which a violation of this chapter is believed to exist.
A.
Whenever a nuisance as declared by § 341-3 of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five (5) days from the date of service thereof. A duplicate of the notice shall be left with one (1) or more of the tenants or occupants of the premises or place.
B.
If the owner resides out of the state or cannot be so
notified speedily, such notice shall be left at that place or premises with
the tenant or occupant thereof or posted on the premises, and such action
shall be considered proper notification to the owner, tenant or occupant thereof.
If the owner, tenant or occupant, upon being notified as provided in § 341-6 of this chapter, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Health Division shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said Division shall deem proper.
Whenever a nuisance as declared by § 341-3 of this chapter is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Health Division may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
The Health Division may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 341-3 of this chapter from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced by the Health Division
or its enforcing official.
Any person who violates or neglects to comply with any provision of
this chapter or with notice issued pursuant thereto shall, upon conviction
thereof, be punished by a fine not exceeding one thousand dollars ($1,000.),
by imprisonment for a term not exceeding ninety (90) days or by a period of
community service for a period not exceeding ninety (90) days, or any combination
thereof.
