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 revision. All such personnel shall,
where required, be appropriately licensed.
A.
Inspection of premises. The Board of Health, its agents
and employees shall have the right to inspect any premises in the Borough
of River Edge if they have reason to believe that any provision of this chapter
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 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 revision to be a nuisance
or any unsanitary or unhealthy condition is found on any premises within the
borough, notice shall be given, in writing, to the owner or person in control
of the premises to remove or abate it within the time specified.
[Amended 6-1-1998 by Ord.
No. 98-1]
(2)
Whenever anything declared by this revision 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. 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.
(1)
Whenever any cost or expense is incurred by the borough
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:
(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.
(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 chapter.
The Board of Health 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.
The Borough Attorney shall be the legal advisor to the Board and shall
represent the Board in all litigation to which the Board may be a party.
A.
Maximum penalty. Any person violating any of the provisions
of any chapter adopted by the Board of Health of the borough shall, upon conviction
thereof, pay a penalty of not less than $5, nor more than $1,000, for each
offense. Complaint shall be made in the Municipal Court of the borough or
before another judicial officer having authority under the laws of the State
of New Jersey. The Court shall have the power to impose other and additional
penalties provided by N.J.S.A. 26:3-77 and 26:3-78.
B.
Separate violation. Except as otherwise provided, each
and every day in which a violation of any of the provisions of any chapter
adopted by the Board of health exists shall constitute a separate violation.
C.
Collection of fees and penalties. All fees and penalties
collected under any provision of any chapter adopted by the Board of Health
shall be paid to the Treasurer of the borough.
