[HISTORY: Adopted by the Board of Health of the Township of Stillwater
as 11-19-1971 as Ch. BH-II of the 1971 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 Stillwater" and is referred
to herein as the "code."
There shall be a President of the Board of Health who shall preside
at all its meetings. He 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. He
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. He shall be appointed by the Board of Health for a
term of three years.
There shall be a Sanitary Inspector or Health Officer of the Board of
Health who shall be responsible to the Board of Health. He shall hold the
necessary license and shall be appointed by the Board of Health for a term
of one year. The Sanitary Inspector or 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 reporting 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 Township police, Building Inspector, Engineer, and the officers
of the voluntary fire companies in the Township may be designated special
reporting officers of the Board of Health.
There shall be a Plumbing Inspector of the Board of Health who shall
be responsible to the Board. He shall be appointed by the Board of Health
for a term of one year.
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 Code. All such personnel shall, where
required, be appropriately licensed.
Whenever the Sanitary Inspector or 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 Sanitary Inspector or
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 Sanitary Inspector
or 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 Township 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
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 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 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 part
of the taxes next assessed against the premises upon which the nuisance or
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, 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.