The general power to adopt health ordinances is contained
in N.J.R.S. 26:3-31. The penalties that may be provided for a violation
of health provisions are contained in N.J.R.S. 26:3-69.1, et seq.
In addition to the health regulations contained in this chapter, the
State Sanitary Code promulgated by the State Public Health Council
is by reason of N.J.R.S. 26:1A-9 enforceable in every municipality
in this State.
[New]
The provisions of Chapter 1 of the Revised General Ordinances of the Township of Montgomery in the County of Somerset (1984) concerning short title, definitions, construction and severability shall apply to all chapters adopted by the Board of Health.
[New]
Any person violating any of the provisions of any chapter adopted
by the Board of Health of the Township shall, upon conviction thereof,
pay a penalty of not less than $5, nor more than $500 for each offense.
Complaint shall be made in the municipal court of the Township or
before another judicial officer having authority under the laws of
the State of New Jersey. The court shall have the power to impose
other and additional penalties provided by N.J.R.S. 26:3-77 and N.J.R.S.
26:3-78.
[New]
Except as otherwise provided, each and every day in which a
violation of any of the provisions of any chapter adopted by the Board
of Health exists shall constitute a separate violation.
[New]
All fees and penalties collected under any provision of any
chapter adopted by the Board of Health shall be paid to the Treasurer
of the Township of Montgomery.
[Ord. #99-01, S 1]
When any provision of this Code permits an appeal to the Board
of Health from a decision of the Health Officer or designee, or of
a license or permit denial by the Board, the procedures set forth
in this section shall apply. The Board will receive and consider only
those appeals which are filed in accordance with the provisions of
this Code which specifically authorize the filing of appeals.
[Ord. #99-01, S 1]
An appeal shall be commenced by the filing of a written notice
of appeal filed with the Health Officer no more than 14 days after
the date of the decision or determination being appealed. The appeal
of the decision or determination shall be considered by the Board
at its next regularly scheduled meeting, unless the appellant consents
to a later date; provided, however, that if the regularly scheduled
meeting occurs less than 14 days after the filing of the notice, the
appeal shall be considered at the following regularly scheduled meeting.
At the hearing of an appeal, the appellant and the Board of Health
designee who made the decision or determination being appealed (or
the Board itself, if applicable) shall present evidence in support
of their positions and the Board shall have the right to ask questions
of the appellant or any of the appellant's representatives, any of
the Board's designees, and any other such persons whose opinion or
advice the Board deems would be of assistance in rendering a decision.
The hearing shall be chaired by the President, and the Rules of Evidence
shall not apply. The decision of the Board shall be made no later
than the next regularly scheduled meeting, and shall be final.
[Ord. #99-01, S 1]
In the event an appellant seeks immediate resolution of an appeal due to a claim of hardship or other emergency, the appellant shall include with the notice of appeal a detailed explanation of the hardship or emergency, along with three requested hearing dates. In such cases, the Board President, in consultation with the Health Officer, may, in the President's discretion determine that there is a hardship or emergency which would require waiver of the time frames set forth in subsection BH1-3.2. In such case, the Board President may appoint a subcommittee of three members of the Board to hear the appeal in an expedited manner. If the President of the Board appoints himself/herself to the subcommittee, the President shall chair the hearing; if the Board President does not serve on the subcommittee, the President shall appoint one of the three members as chair. The proceedings shall be conducted in the same manner as set forth in subsection BH1-3.2; however, the subcommittee may, in its discretion, take any steps it deems necessary to expedite the consideration and decision of the matter appealed. The decision of the subcommittee shall be by majority vote and shall be final.
