[HISTORY: Adopted by the Board of Health of the Town of Clinton as
Ch. BH-II of the Revised General Ordinances, 1971. Revised and readopted at
time of adoption of Code 4-15-1985 by Ord. No. BH-85-1 (see Ch. 148, General
Provisions, Board of Health, Art. I). Subsequent amendments noted where applicable.]
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 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.
When appointed by the Board, there shall be 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 Town of Clinton may be designated
special health officers of the Board of Health.
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 chapter. All such personnel shall be appropriately
licensed, where required.
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 chapter:
A.
Power to prevent the sale of food. The Health Officer
may prohibit the importation into the town 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 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 town 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 chapter to be a nuisance
or any unsanitary or unhealthy condition is found on any premises within the
town, 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 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 private premises.
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 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 costs are incurred by the town 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 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 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.