Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-04-28
CHApTER CIIX.
Approved March %, 1881.

An act to authorize the abatement of nuisances
in cities, and to make the cost and expense OF
such abatement a lien upon lands wherein
such nuisances existed
]. Be it enacted by the Senate and General
Assembly of the State of New Jersey, That
whenever petition signed by at least five free
holders residents of any city in this state stat
ing that nuisance exists upon any lots or lands
within or adjacent to the boundaries of any
such city, by reason of stagiant water or be-
cause such lots or lands are not filled in sutfi-
clontly to make them dry and healthy, or be-
cause buildings are in danger of falling for
want of proper foundation, shall be presented
to the grand jury of the county in which such
city may be situate it shall be the duty OF
such grand jury to investigate the matters con-
tanned in such petition forthwith, and for that
purpose such grand jury shall have power to
call and examine witnesses and TO view tho
premises whereon such nuisance is alleged to
exist; and if such grand jury shall be of the
opinion that nuisance docs exist, they shall
forthwith make presentment to the court Of
oyer and termincr of such county that in their
judgment and opinion such nuisance does exist
and should be abated.
2 And be it enacted, That as soon as said
presciltment shall have been made it shall be
the duty of the prosecutor of the pleas of such
county to apply to said court of oyer and ter
miner to fix a time for the trial of the matters
contained in such prcsentment, and such time
having been appointed, the said prosecutor
shall serve notice uron the owner of the
premises whereon such nuisance is alleged to
exist informing such owner of the time and
place when and where the truth of the matters
contained in such presentment will be tried
and notifying such owners to appear and make
7efense; which notice shall be served person.
ally upon such owner if found in the state, and
if not so found then said notice shall be served
in slch manner as the coflrt shall order, either
bv publication Or personal service out of the
state.
B. And be it enacted, That sal / court shall
also award venire to summon a jury, as in
other trials of issues in said court; and on the
day fixed for trial the said matter shall be tried,
unless adjourned by order Of the court, wheth-
er the owner of such premises appear or not,
and such trial shall be conducted in all respects
as other trials by jury in said court; and the
count shall have full power and authority to
make all necessary orders or rules for the
speedy and expeditions determination of the
matters contained in such presentment
4. And be it enacted. That if such jury shall
determine thatno nuisance exists as set forth in
such prcsentment, judgment shall be entered
accordingly, and the costs be paid by the par
ties petitioning, and execution may be issued
therefor; but if such jury shall determine that
such nuisance does exist, then the court shall
give judgment against the owner of the prem
ises whercon such nuisance is found to exist,
and also that the nuisance be abated by such
carly day as the court shall appoint; and if it
shall appear to the court by affidavit that such
nuisance has not been abated by such day, then
it shall be the duty of the clerk of the court
to certify the Judgment of the court to the mu-
nicipal authorities of the city wherein such nui-
sance is found to be, and such authorities shall
thereupon proceed to abate such nuisance in the
most practical and economical manner.
5. And be it enacted, That as soon as such
nuisance shall have been abated complete
statement of the cost and expense Of such
abatement shall be presented to the corporate
authorities of such city, and if they approve
the same such cost and expense shall thereupon
become a first and paramount lien upon tho
lands and premises whereon such nuisance had
existed, in the same manner that taxes are
lien under the charter of such city; and they
shall transmit the same to the collector or re-
ceIver of the revenues of such city, who shall
proceed to collect the amount Of such cost and
expense as taxes and assessments for improve
ments are collected.
6. And be it enacted, That if such cost and
expense of abatement be not paid to such col
lector or receiver within ninety days from the
date of approval by the corporate authorities
of such city, such collector or receiver shall re-
turn the same in like manner as return is made
of unpaid taxes and assessments, and the cor
porate authorities shall thereupon direct thesale
Of the lands whereon sucs. nuisance had been
abated, and the clerk of such city shall there
upon proceed to advertise and sell the same In
the same manner as lands are sold under the
charter of such city for non-payment of taxes
and assessments; and declaration Of sale shall
be issued to the purchaser thereof, as under
sales for taxes; provided that the owner of such
premises or any person holding any incunl-
brance thereon shall have such right to redeem
such premises as is provided by the charter of
such city in cases of sale for non-payment of
taxes and assessments
Z. And be it enacted, That all acts and parts
of acts inconsistent with the provisions of this
act be and the same arc hereby repealed. and
that this act shall take effect Immediately.
Approved March "a, 1881.