This chapter shall be known and may be cited as the "Health
Code of the Town of Newton."
The Town Manager shall be authorized to appoint special health
officers as he/she sees fit, who shall assist the Health Officer in
the enforcement of the provisions of this chapter.
Whenever the Health Officer finds that 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 Town or the 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 or 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 Health Officer shall have the right to
inspect any premises in the Town of Newton if he has 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 Health Officer
may apply to the municipal judge of the Town 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 municipal 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 in
the notice, but not less than five days from the date of service.
(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 Health Officer 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 notified as provided in Subsection A of this section, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer 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. Whenever any cost or expense is incurred by the
Town as a result of the Health Officer's abating or removing
or causing to be abated or removed any nuisance or unsanitary or unhealthy
condition, such cost or expense may be recovered in the following
manner:
(1)
In all cases where practical and permitted by law, such costs shall
be certified by the Division of Tax Assessments and shall be a part
of the taxes next assessed upon the premises on which the nuisance
or unsanitary or unhealthy condition was located.
(2)
Where the Town is not permitted by law or it is impractical to proceed
under the preceding subsection, the cost or expense shall be recovered
by an action at law in any court of competent jurisdiction, which
action shall be instituted by the Council in the name of the Town
of Newton.
(3)
Regardless of how costs are actually recovered, they shall be in
addition to and shall not affect the imposition of any penalties for
violation of this chapter.
Any person knowing of anything being offered for sale as food
for human consumption which he has reason to believe is spoiled, contaminated,
or otherwise unfit for human consumption, shall immediately report
such fact to the Health Officer.
The Health Officer may 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.
All fees, penalties and monies collected under any provision
of this chapter or the codes hereunder shall be paid to the Treasurer
of the Town of Newton.[1]
