[HISTORY: Adopted by the City Council of
the City of Trenton 9-7-1967 as §§ 9-1 and 9-2 of the
Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Natural or prepared food, beverages and all other items intended
for human consumption.
Any person having any interest, legal or equitable, either
alone or in combination with others, in any premises.
Any person responsible for the maintenance and upkeep of
any premises or any person actually exercising control over any premises,
whether as tenant, lessee or occupant, or as agent of any of them
or as agent of an owner or otherwise.
Any building, structure, lot of land or part thereof.
A.
Whenever anything declared by this Code to be a nuisance
or any unsanitary or unhealthy condition is found on any premises
within the City of Trenton, 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 twenty-four hours from the date of
service.
[Amended 10-21-2010 by Ord. No. 10-46]
B.
Whenever anything declared by this chapter 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.
If the owner or person in control of the premises upon being notified as provided by § 171-2 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/her 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.
Whenever any cost or expense is incurred by
the City of Trenton as a result of the Health Officer, his/her 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:
A.
In all cases where permitted by law, such costs may
be certified to the Division of Taxation and shall be a part of the
taxes next assessed upon the premises upon which the nuisance or unsanitary
or unhealthy condition was located.
B.
Where the City is not permitted by law to proceed under Subsection A, 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 City.
C.
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 chapter.
Notice required by the provisions of this chapter
shall be in writing and shall be given to all of the persons affected
by it. Notice shall be served personally upon the person affected
or by leaving a copy at his/her usual or last known place of abode
or by mailing it to him/her at his/her 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.
Whenever the Health Officer finds that the public
safety will not permit delay, (s)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 City 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 chapter if (s)he finds that the licensed
activity is being conducted in such a manner as to endanger the health
or safety of the public.
The Health Officer, his/her agents and employees
shall have the right to inspect any premises in the City of Trenton
if they have reason to believe that any provision of this chapter
is being violated. Any person who hinders, obstructs, resists, delays
or prevents the Health Officer or any of his/her agents or employees
from having full access to any premises shall be guilty of a violation
of this chapter.
In addition to any penalties imposed for the violation of § 171-7, the Health Officer may apply to the Judge of the City of Trenton 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 Judge is satisfied as to the matters set forth in the affidavit, (s)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.
The Health Officer shall have the power to make
whatever written rules and regulations (s)he may decide are necessary
for the proper administration and enforcement of this chapter, but
no rule or regulation shall conflict with or in any way alter, amend
or supersede any of the provisions of this chapter.
The Health Officer shall enforce the provisions
of this chapter and of any other ordinance provision of the City of
Trenton concerning health and sanitation, including but not limited
to the Plumbing Code.[1]
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 this municipality:
A.
Any matter, thing, condition or act which is or may
become detrimental or a menace to the health of the inhabitants of
this municipality.
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 this municipality.
C.
Pollution, or existence of a condition or conditions
which cause or threaten pollution, of any waters in this municipality
in such manner as to cause or threaten injury to any of the inhabitants
of this municipality either in their health, comfort or property.
D.
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter which may cause flies
or other insects, vermin or rodents to have access or breed or exist.
E.
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
F.
Spitting upon any public sidewalk or the interior
or exterior of any public building or public conveyance.
G.
Deposits of accumulations of the bodily wastes of
humans or animals in any street, sidewalk, lot or other public place.
H.
Any person owning, leasing, occupying, or having possession of any
parcel within the City causing or allowing such parcel to be used
for the cultivation of medical marijuana, unless the person is authorized
by the state law to grow medical marijuana, and such authorized person
is complying with all state and local licensing, registration, and
inspection requirements.
[Added 10-18-2018 by Ord. No.
18-48]
I.
With respect to the legal operation of any state-licensed medical
marijuana facility, the following is hereby declared to be an unlawful
public nuisance:
[Added 10-18-2018 by Ord. No.
18-48]
(1)
Odors which are disturbing to people of reasonable sensitivity who
may be residing near or present on nearby property, including areas
open to the public.
(2)
Repeated dispatches to the property by law enforcement.
(3)
Disruption to and/or obstruction of the free passage of persons and/or
vehicles in the immediate vicinity of the property.
(4)
Any other condition or act which may be deemed a violation of this
chapter.
