Borough of Harrington Park, NJ Enforcement and Penalties

§ 352-16 Violations and penalties.

Violations of Board of Health Code. Any person violating any of the provisions of any chapter of the Health Code or ordinance adopted by the Board of Health of the Borough shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Borough or before such other judicial officer having authority under the laws of the State of New Jersey. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78. (N.J.S.A. 26:3-70)

For any and every violation of the provisions of the Health Code, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and every person who violates, commits, takes part or assists in the violation of the Health Code shall, upon conviction, be liable for the penalty stated above. (N.J.S.A. 26:3-70)

Violations of the State Sanitary Code. Each violation of any provision of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of not less than $50 nor more than $1,000. (N.J.S.A. 26:1A-10)

§ 352-17 Additional penalty for second violation of same ordinance.

In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same ordinance or of the same provisions of the Health Code, and due proof of such fact is made, the Court may, in addition to the imposition of the penalty prescribed by § 352-16, cause the defendant to be imprisoned in the county jail. (N.J.S.A. 26:3-78)

§ 352-18 Collection of fees and penalties.

Pursuant to N.J.S.A. 2A:58-10 et seq., the Penalty Enforcement Law of 1999, all fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Board of Health of the Borough of Harrington Park.

§ 352-19 Refusal to pay fines or judgment.

The Judge of the Municipal Court may cause a defendant who refuses or neglects to pay the amount of a judgment rendered against him and all costs and charges incident thereto to be committed in the county jail for a period not exceeding 90 days.

§ 352-20 Right of entry.

The Board of Health shall have the right to enter in or upon any building or premises at any hour of the day to determine whether the provisions of the Health Code are being followed or obeyed. It shall be unlawful for any person to interfere with any inspection being made by the Board of Health or any inspector thereof.

§ 352-21 Enforcement officials; inspections.

The Health Code shall be enforced by the members of the Board of Health and the Health Officer or such other person or officers as shall be designated by the Board of Health.

Any member of the Board of Health or any of its agents may make the inspections and examinations required to be enforced by the Board, any provision of the Health Code, or any ordinance, regulation, resolution, or order of the Board, except specific inspections requiring a professional license (i.e., retail food inspections), upon exhibiting a certificate of authority under the seal of the Board. In making the inspection and examination, it shall be lawful for the person to enter in or upon any premises for the purpose of health protection.

Any person who shall prevent, obstruct, or resist any member of the Board of Health, its officers, or agents acting under and by the authority of the Board in the performance of his/her duty shall be subject to a fine, upon conviction, as stated in § 352-16.

Every notice or order required to be served by the Board of Health may be served personally by any member of the Board or any of its agents, or by any member of the Police Department. Notice may be served by mail, addressed to the last known place of residence, or by posting it in a conspicuous place on the premises.

§ 352-22 Posting of premises.

Whenever the Health Officer or a registered environmental health specialist (REHS) determines that a retail food service establishment or other public or private premises contains a health hazard or is in violation of the Health Code or of applicable state or federal statutes, codes or rules so that a public health hazard is present or a public health emergency may result, in addition to actual notice of the hazard or violation to the owner or operator, the REHS may post the premises with a notice to the public indicating the health hazard or violation and the date. The posted notice shall not be removed except by the Health Officer after an inspection has shown that the hazard has been eliminated or the violation removed.