Borough of Old Tappan, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Old Tappan 5-26-1975 as Ch. BH-II of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 9, Art. III.
Penalties — See Ch. 259, Art. III.
Licensing provisions — See Ch. 282.
A. 
Organization. The Board shall organize annually on January 1 in each year, or as soon thereafter as may be feasible, at which time it shall elect, by a majority vote of all of the members of the Board and from its members, a President and a Vice President.
B. 
Meetings; conduct of business; quorum.
(1) 
Regular meetings. Regular meetings shall be held each and every month on such dates as may be decided upon at the organization meeting.
(2) 
Special meetings. The President shall have the power to call special meetings of the Board when necessary, and, in case of his neglect or refusal to do so, it shall be lawful for any three members of the Board to call any special meeting by written or printed notice to each member, served personally or left at their places of residence at least 24 hours prior to the time appointed for such meeting.
(3) 
Conduct of business. The Board shall determine and establish the rules for its own proceedings.
(4) 
Quorum. A majority of the whole number of members of the Board shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time.
C. 
Board officers; powers and duties.
(1) 
President. The President shall be the chief executive officer of the Board. He shall preside at all meetings of the Board and shall appoint all committees and have all such other powers as may, by law or by the provisions of this Code, be vested in him. During the intervals between regular meetings, the President shall represent the Board in all executive and judicial matters. He shall have the power to appoint committees from among the members of the Board and, with the consent of the Board, such other officers as may from time to time be required to be appointed and provision for whose appointment is not otherwise made in this Code.
(2) 
Vice President. The Vice President shall assist the President in the performance of his duties. In the absence, disability or disqualification of the President, he shall serve in the place of the President, with all of his powers and duties.
D. 
Board appointments. The President shall appoint, subject to confirmation by a majority of the members of the Board, a Board Secretary, a Health Officer, a Sanitary Inspector, a Registrar of Vital Statistics, and such other officers and employees as he may from time to time deem necessary. All such Board appointees shall hold their respective offices until December 31 of the calendar year of their appointment and until their respective successors are appointed and shall qualify, except that the Registrar of Vital Statistics shall be appointed in accordance with the provisions of N.J.S.A. 26:8-13.
E. 
Board Secretary. The Board Secretary, who shall be responsible to the Board, shall keep the minutes of all the proceedings of the Board, conduct all the official correspondence of the Board, maintain proper copies of the same, tabulate and complete all reports required by any superior authority, local, state or national, and make such other reports as may be required or directed by the Board. He shall procure all books, stationery and other supplies as may be required by the Board and shall keep adequate records of all applications for permits and the action of the Board, if any, thereon and all such other pertinent information as may be necessary for a complete record of each such matter.
F. 
Board Attorney. The Board may appoint a Board Attorney to serve for a term of one year. If appointed, he shall be the legal adviser of the Board and shall, when required, attend its meetings. He shall, when ordered to do so by the Board, represent it in all litigation to which it may be a party and perform all such other legal services as may from time to time be required of him by the Board.
G. 
Compensation. The salaries or other forms of compensation of the above officers and employees shall be such as are fixed at the time of their appointment, by resolution passed by a majority of all the members of the Board.
A. 
Health Officer. The Health Officer, appointed as set forth in § 262-1D, shall hold the necessary license and shall be responsible to the Board. The Health Officer shall be the general agent of the Board for the enforcement of its ordinances and the sanitary laws of the state.
B. 
Registrar of Vital Statistics. The Registrar of Vital Statistics, appointed as set forth in § 262-1D, shall keep all the records of that office, as required by the Bureau of Vital Statistics of the State of New Jersey. He shall perform such other duties as may be required.
C. 
Sanitary Inspector. The Sanitary Inspector may be appointed in accordance with § 262-1D. If appointed, he shall assist the Health Officer and perform the duties of the Health Officer in his absence or at his direction. He shall perform such other duties as may from time to time be required.
D. 
Special health reporting officers. When appointed by the Board, there shall be special health reporting officers of the Board who shall promptly report to the Board every violation of health ordinances, rules and regulations which may come within their observation or knowledge. "Special health reporting officers" shall mean and include regular and special patrolmen and superior officers of the Police Department of the borough, the building subcode official, the plumbing subcode official, the Health Officer, the Secretary of the Board, or any other official authorized by the Board to enforce this Code.
Whenever the Health Officer finds that the public safety will not permit delay, he 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 revision.
A. 
Power to prevent the sale of food. The Health Officer may prohibit the importation into the borough or the 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 Health Officer 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.
The Health Officer and Registrar of Vital Statistics shall make a written report at each regular meeting of the Board. All of the above-named appointees shall perform such duties as may be directed by the statutes of the State of New Jersey, the provisions of this Code or as they may be directed, from time to time, by their superior or the Board.
A. 
Inspection of premises. The Board of Health, its agents and employees shall have the right to inspect any premises in the borough if they have reason to believe that any provision of this revision 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 or its agent may apply to the Municipal Judge for a search warrant. The application shall be based upon an 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 nuisance.
(1) 
Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the borough, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified, but not less than five days from the date of service in the notice.
(2) 
Whenever anything declared by this chapter 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 Health Officer may remove or abate such nuisance or condition in the manner provided for a like condition existing on private premises or places.
B. 
Abatement by Health Officer. 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 Health Officer 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.
(1) 
Whenever any cost or expense is incurred by the borough as a result of the Health Officer 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:
(a) 
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.
(b) 
Where it is impossible or impractical to proceed under Subsection C(1)(a), the cost or expense shall be recovered in an action at law in any court of competent jurisdiction. The action shall be instituted by the Board in the name of the borough, or ex rel the State of New Jersey.
(2) 
Regardless of how costs are actually recovered, they shall be in addition to, and shall not affect the imposition of, any penalties for the violation of this section.
The Board may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with, alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.