[HISTORY: Adopted by the Board of Health
of the Township of Lumberton 12-17-1973 as Ch. BH-II of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General provisions, Board of Health — See Ch. 281.
This chapter shall be known and may be cited
as the "Administrative Code of the Board of Health of the Township
of Lumberton" and is herein referred to as the "code."
There shall be a President of the Board of Health
who shall preside at all its meetings. The President shall be appointed
by the Board of Health from among its members for a term of one year.
There shall be a Secretary of the Board of Health
who shall be responsible to the Board and who shall issue all licenses
authorized by the Board. The Secretary shall be appointed by the Board
for a term of one year.
There shall be, when appointed by the Board,
special health reporting officers of the Board of Health who shall
promptly report to the Board every violation of health ordinances,
rules and regulations which may come within their observation or knowledge.
The police and fire officers of the township may be designated special
health reporting officers of the Board of Health.[1]
The Board may employ such other personnel as
it may deem necessary, including technicians, inspectors and others
necessary to carry out the powers vested in the Board by law and by
this code. All such personnel shall, where required, be appropriately
licensed.
Whenever the Board of Health finds that the
public safety will not permit delay, it may exercise one or more of
the following powers without having to resort to legal proceedings
and without the necessity of giving notice or holding any hearing
which would otherwise be required under any provision of this code.
A.
Power to prevent sale of food. The Board of health
may prohibit the importation into the township 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 Board
of Health may order the seizure and destruction of any food, drink
or other item intended for human consumption which is unwholesome
or dangerous or likely to cause sickness or injury to the persons
who consume it.
A.
Inspection of premises. The Board of Health, its agents
and employees shall have the right to inspect any premises in the
township if they have reason to believe that any Board of Health provision
of this Code is being violated or as part of a regular program of
inspection.
B.
Search warrant. If the owner or occupant of any premises
refuses to permit entry for the purpose of inspection, the Board of
Health may apply to the Township Judge for a search warrant. The application
shall be based upon a affidavit setting forth that the inspection
is part of a regular program of inspection or that conditions and
circumstances 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, he
shall authorize the issuance of a search warrant permitting access
to and inspection of the premises.
A.
Notice to abate.
(1)
Whenever anything declared by these Board of Health
provisions of this Code to be a nuisance or any unsanitary or unhealthy
condition is found on any premises within the township, notice shall
be given to the owner or person in control of the premises to remove
or abate it within the time specified, not less than five days from
the date of service in the notice.
(2)
Whenever anything declared by the Board of Health
provisions of this Code to be a nuisance or any unsanitary or unhealthy
condition is found on any public property, 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 that person
fails to comply with the notice within the time specified, the Board
of Health or its agents or employees may remove or abate such nuisance
or condition in the manner provided for a like condition existing
on a private premises or place.
B.
Abatement by Board of Health. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its 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.
C.
Recovery of costs. Whenever any cost or expense is
incurred by the township as a result of the Board of Health, its agents
or employees abating or removing or causing to be abated or removed
any nuisance or unsanitary or unhealthy condition, such costs and
expense may be recovered in the following manner: In all cases where
practical and permitted by law, such costs shall be certified to the
tax assessment authority and shall be a part of the taxes next assessed
against the premises upon which the nuisance or unsanitary or unhealthy
condition was located.
A.
Maximum penalty. Any person violating any of the provisions
of this chapter shall, upon conviction thereof, pay a penalty of not
less than $5 nor more than $500 for each offense. Complaint shall
be made in the Municipal Court or before another judicial officer
having authority under the laws of the State of New Jersey. The Court
shall have the power to impose the other and additional penalties
provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78, or any amendments
or supplements thereto.
B.
Separate violation. Except as otherwise provided,
each and every day in which a violation exists shall constitute a
separate violation.
