Township of Plainsboro, NJ Chapter 73 Nuisances

[HISTORY: Adopted by the Township Committee of the Township of Plainsboro 11-9-1987 by Ord. No. 0-87-26; amended in its entirety 8-12-2009 by Ord. No. 0-09-12. Subsequent amendments noted where applicable.]

§ 73-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ENFORCING OFFICIAL

Includes the Health Officer or other official authorized or designated by the Township Committee to enforce this chapter.

PERSON

Includes an individual, firm, corporation, association, society, partnership and their agents or employees.

§ 73-2 Nuisances enumerated and prohibited.

A. The following matters, things, conditions or acts are hereby declared to be a nuisance and injurious to health of the inhabitants of this municipality:

(1) Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality.

(2) Pollution or the 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 inhabitants of this municipality either in their health, comfort or property.

(3) 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 this municipality or endanger their comfort, repose, health or safety.

(4) The growth, existence or presence of ragweed on any plot of land, lot highway, right-of-way or any other public or private place.

(5) The growth, existence or presence of poison ivy within 20 feet of any property line.

(6) The existence or presence of any water or other liquid in which mosquito eggs, larvae, or pupae may breed or exist.

(7) 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 exist.

(8) 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.

(9) Unauthorized placement of notices, advertisements, messages, graphic information, including graffiti, on public or private property. No person shall paste, write, clip, paint, print, nail, clamp, inscribe, stake or otherwise affix any notice, placard, advertisement or other message against or upon any public or private property, building or structure, including, but not limited to, a bus shelter, utility pole, wall, fence, tree, or rock, without the written consent of the owner of same, except when done by a public officer in the performance of his or her duties.

B. It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this section.

§ 73-3 Inspection of premises.

All places and premises in this municipality shall be subject to inspection by the enforcing official if that official has reason to believe that any section of this chapter is being violated.

§ 73-4 Notice of violation; failure to comply.

A. Whenever a nuisance as declared by § 73-2 of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, a notice of violation 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 working days from the date of the notice. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place. If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that 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.

B. Whenever a nuisance as declared by § 73-2 of this chapter is found on any public property or on any other public premises or place, a notice of violation shall be given to the person known to be responsible for the violation to remove or abate the same within such time as shall be specified therein, but not less than five working days from the date of the notice.

C. If the person notified of the violation does not comply with such notice to remove or abate such nuisance within the time specified, then the Enforcing Official shall proceed by such means as he/she shall deem proper.

§ 73-5 Violations and penalties.

Any person who violates or neglects to comply with any provision of this chapter established herein or notice issued pursuant thereto shall, upon conviction thereof, be subject to penalty as outlined in Chapter 1, General Provisions, § 1-15, General Penalty, of the Code of the Township of Plainsboro.

§ 73-6 Recovery of costs by Board of Health or Township.

Whenever the person notified has not complied with the notice as specified and the nuisance has not been abated or removed under the direction of the Enforcing Official, any cost or expense incurred by the Township for abating or removing or causing to be abated or removed the nuisance or condition may be recovered in the following manner:

A. Such costs and expenses shall be certified to the Tax Assessor and shall become part of the taxes next assessed against the premises upon which the nuisance or condition was located;

B. Where it is not possible or practical to proceed under Subsection A, the cost or expense shall be recovered in an action at law in any court of competent jurisdiction;

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.

§ 73-7 Enforcement.

The provisions of this chapter shall be enforced by the Enforcing Official as defined in § 73-1. Enforcement shall be in the municipal court having jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this chapter. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]).

[1] Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 were repealed by L.1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.