[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Pohatcong 2-6-1973 as Ch. 27 of the
1973 Code. Other amendments noted where applicable.]
The Health Officer of this municipality is hereby designated as the
officer to exercise the powers prescribed by this chapter, and he shall serve
in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946, as amended (N.J.S.A.
40:49-5.1), the Private Campgrounds Code, as approved by the Department of
Health and the Department of Conservation and Economic Development and filed
in the Secretary of State's office, is hereby accepted, adopted and established
as a standard to be used as a guide in determining whether campground dwellings,
as well as their facilities, located in this municipality, are safe, sanitary
and fit for human habitation and rental. A copy of the Private Campgrounds
Code is annexed to this chapter, and three copies of the same have been placed
on file in the office of the Health Officer and are available to all persons
desiring to use and examine the same.
The Health Officer is hereby authorized and directed to make inspections
to determine the condition of camp dwellings, as well as their facilities,
located within this municipality, in order that he may perform his duty of
safeguarding the health and safety of the occupants of camp dwellings, as
well as their facilities, and of the general public. For the purpose of making
such inspections, the Health Officer is hereby authorized to enter, examine
and survey at all reasonable times all camp dwellings, as well as their facilities.
The owner or occupant of every camp dwelling, as well as its facilities, or
the person in charge thereof, shall give the Health Officer free access to
such camp dwelling, as well as its facilities, at all reasonable times for
the purpose of such inspection, examination and survey. Every occupant of
a camp dwelling shall give the owner thereof, or his agent or employee, access
to any part of such camp dwelling, as well as its facilities, at all reasonable
times for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any lawful
rule or regulation adopted or any lawful order issued pursuant to the provisions
of this chapter.
Whenever the Health Officer determines that there are reasonable grounds
to believe that there has been a violation of any provision of this chapter
or of any rule or regulation adopted pursuant thereto, he shall give notice
of such alleged violations to the person or persons responsible therefor as
hereinafter provided. Such notice shall:
A.
Be put in writing.
B.
Include a statement of the reasons why it is being issued.
C.
Allow a reasonable time for the performance of any act
it requires.
D.
Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall be deemed to be properly
served upon such owner or agent or upon such occupant if a copy thereof is
served upon him personally, or if a copy thereof is sent by registered mail
to his last known address, or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice or if he is served with
such notice by any other method authorized or required under the laws of this
state.
E.
Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or of any rule or regulation
adopted pursuant thereto may request and shall be granted a hearing on the
matter before the Board of Health, provided that such person shall file in
the office of the Board of Health a written petition requesting such a hearing
and setting forth a brief statement of the grounds therefor within 10 days
after the day the notice was served. Upon receipt of such petition, the Board
of Health shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn. The
hearing shall be commenced not later than 10 days after the day on which the
petition was filed, provided that upon application of the petitioner the Board
of Health may postpone the date of the hearing for a reasonable time beyond
such ten-day period if in its judgment the petitioner has submitted a good
and sufficient reason for such postponement. After such hearing the Board
of Health shall sustain, modify or withdraw the notice, depending upon its
findings as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the Board of Health sustains
or modifies such notice, it shall be deemed to be an order. Any notice served
pursuant to this chapter shall automatically become an order if a written
petition for a hearing is not filed in the office of the Board of Health within
10 days after such notice is served. The proceedings at such hearing including
the findings and decision of the Board of Health, shall be summarized, reduced
to writing and entered as a matter of public record in the office of the Board
of Health or Health Officer. Such record shall also include a copy of every
notice or order issued in connection with the matter. Any person aggrieved
by the decision of the Board of Health may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of the state.
Whenever the Health Officer finds that an emergency exists which requires
immediate action to protect the public health or safety, he may, without notice
or hearing, issue an order reciting the existence of such an emergency and
requiring that such action be taken as he deems necessary to meet the emergency.
Notwithstanding the other provisions of this chapter, such order shall be
effective immediately. Any person to whom such order is directed shall comply
therewith immediately, but, upon petition to the Board of Health, shall be
afforded a hearing as soon as possible. After such hearing, depending upon
its findings as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with, the Board
of Health shall continue such order in effect, or modify it or revoke it.
The Health Officer is hereby authorized and empowered to make and adopt
such written rules and regulations as he may deem necessary for the proper
enforcement of the provisions of this chapter; provided, however, that such
rules and regulations shall not be in conflict with the provisions of this
chapter, nor in anywise alter, amend or supersede any of the provisions thereof.
The Health Officer shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Secretary of the
Board of Health.
No person shall occupy as owner-occupant or rent to another for occupancy
any camp dwelling, as well as its facilities, for the purpose of living therein,
which does not conform to the provisions of the Private Campgrounds Code established
hereby as the standard to be used in determining whether a camp dwelling is
safe, sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed
$500 or by imprisonment in the county jail for a period not to exceed 90 days,
or by both such fine and imprisonment; and each violation of any of the provisions
of this chapter, and each day the same is violated, shall be deemed and taken
to be a separate and distinct offense.
