Penalties for violating or refusing or neglecting to comply with any
of the provisions of these sanitary standards, unless otherwise specifically
provided herein or specifically provided by state law or specifically provided
under the State Sanitary Code, shall be, upon conviction thereof, a penalty
of not less than $200 and not more than $500 for the first offense, and for
each conviction thereafter pay a penalty of not less than $500 and not more
than $1,000, and the penalty shall be imposed in accordance with N.J.S.A.
26:3-78, as amended. In default of the payment of the penalty imposed, the
person so convicted may be imprisoned in the county jail for a period not
exceeding 90 days.
After notification has been given that a violation of this chapter has
taken place or exists, each day that such violation shall continue or refusal
or neglect to comply with the provisions of this chapter shall persist shall
be considered a separate offense with a like penalty therefor.
All such penalties may be sued for and recovered by and in the name
of the Board of Health of the Borough in the manner prescribed and in accordance
with the procedure detailed in Chapter 17 of Title 24 of the New Jersey Statutes
Annotated, as amended and supplemented, or Chapter 3 of Title 26 of the New
Jersey Statutes Annotated, as amended and supplemented.
Any penalty recovered in an action in the name of this Board against
an offender of this chapter or a regulation or order of the Board of Health
of the Borough shall be collected by the Board and delivered to the Chief
Financial Officer of the Borough or may be made payable to such Chief Financial
Officer by order of any court imposing such penalty.
Whenever any person shall violate any provision of this chapter or of
the State Sanitary Code or any other state law or regulation which the Board
is required to enforce, the Board, in its discretion and within its power,
instead of immediately prosecuting such person for such violation, may direct
an order to such person commanding him to discontinue or abate such violation
within such reasonable time as may be fixed by the Board and stated in such
order. Such order shall be in writing and served personally or by certified
mail, and the person receiving such order shall have the right to be heard
either in person or by attorney. The granting of a hearing is not intended
to waive any right of the Board to demand penalties for infractions nor to
delay the Health Officer or inspector of the Board in requiring immediate
compliance with any provisions of this chapter.
In instances where the Health Officer or inspector finds food of any
kind on sale or display in a condition or of a quality which he deems unfit
for human consumption, such representative of the Health Board may order the
owner to cease immediately its continued sale or display and forthwith to
dispose of such food or foodstuffs in a manner provided by this chapter or
regulations or as such Health Officer may specifically direct. Neither the
Health Officer nor the Board shall be liable for the value of any food or
foodstuffs that shall have been thus condemned and ordered destroyed, and
the person or persons responsible for having sold or offered for sale such
unfit food or foodstuffs shall be held, at the discretion of the Board, for
such legal action as is provided under this chapter.