[HISTORY: Adopted by the Township Committee of the Township of Washington
3-15-1972 as Ch. BH-II of the Revised General Ordinances. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the Administrative Code
of the Board of Health of the Township of Washington 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 a Registrar of Vital Statistics who shall be responsible
to the Board of Health. The Registrar of vital statistics shall be appointed
by the Board of Health for a term of three years.
There shall be a Health Officer of the Board of Health who shall be
responsible to the Board of Health. The Health Officer shall hold the necessary
license. He shall be appointed by the Board of Health for a term of one year.
The Health Officer shall, subject to the superior authority of the Board,
be the general agent of the Board for the enforcement of its ordinances and
the sanitary laws of the State of New Jersey.
There shall be, when appointed by the Board, Special Health 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 of Washington may
be designated Special Health Officers of the Board of Health.
There shall be a Plumbing Inspector of the Board of Health who shall
be responsible to the Board. The Plumbing Inspector shall be appointed by
the Board of Health for a term of one year.
The Board may employ such other personnel as it deems 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 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 Code:
A.
Power to prevent the sale of food. The Health Officer
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 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 to 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 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 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 or revision
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 this chapter or 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 by Health Officer. If the owner or person in control of the premises, upon being noticed 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 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:
(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) above, 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 of Health in the name of the township 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 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 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.