[Secs. 15-1 and 15-11 of the Revised
General Ordinances]
This Part III contains the ordinances heretofore
adopted by the Board of Health of the Borough of Wharton. The ordinances
contained herein shall be enforceable by the Board of Health of the
Borough pursuant to the authority contained in N.J.S.A. 26:1-1 et
seq.
Except as otherwise noted, the following shall
apply to all sections of Part III of the Code.
A.
Notice to person responsible. Whenever the Health
Officer or his authorized agent determines that there is or has been
given a violation of any provisions of this Part III, he shall give
notice of such violation to the person, persons or entities responsible
therefor under this Part III of the Code. Such notice shall be in
writing and shall include a concise statement of the reasons for its
issuance. Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by registered or certified mail to
the last known address of the person or entity upon which the same
is served, as shown by the most recent tax sale lists of the municipality,
or a copy thereof is left at the usual place of abode or office of
said persons or entities. The notice shall also state that, unless
the violation is abated, removed, cured, prevented or desisted from
within 10 days of the date of service of such notice (exclusive of
the date of service) a summons shall be issued for said violation.
The Health Officer or his authorized agent, at the time he issues
the notice, may extend the period for compliance with the violation
stated in the notice for a period in excess of the aforesaid 10 days,
if, in his judgment, the abatement, removal, prevention, cessation
or cure of the condition violated cannot reasonably be effected within
the ten-day period. In the event that the violation is not abated,
removed, cured, prevented or desisted from or otherwise fully remedied
within said ten-day period or within such extended period as set forth
in the notice, pursuant to the foregoing, a summons shall then be
issued against the person or persons, entity or entities so notified.
B.
Emergency conditions. Whenever the Health Officer or his authorized agent finds that an emergency condition in violation of this Part III exists, which condition required immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in Subsection A above, reciting the existence of such emergency condition and requiring that such action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this Part III, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon objection in writing to the Health Officer, any such person shall be afforded a hearing before the Board of Health of the Borough as soon as reasonably possible. After such a hearing and decision by the Board of Health as to the existence or nonexistence of the emergency condition, the governing body may continue such order in effect or modify or withdraw it, subject to issuance of a summons for violations thereof if such order is continued.
C.
Responsibilities. If the owner or occupant of the
premises fails to correct any emergency condition, the Borough either
will hire a contractor or have the corrective work performed by municipal
employees. The owner will be charged for all associated costs. In
the event that the cost remains unpaid for a period of three months,
the Health Officer shall file with the Tax Collector a statement showing
the amount of the unpaid bill and said amount shall become a lien
on the premises and shall be collected and enforced in the same manner
that liens and taxes are enforced and collected.
