[Ord. No. HO2014-02]
Pursuant to N.J.S.A. 40:49-4, the "Health Code of the Borough of North Plainfield (the "Health Code"), consisting of the ordinances of the Board of Health of a general and permanent nature, as revised, codified and consolidated into this Chapter 26-1 et seq., are hereby approved, adopted, ordained and enacted as Chapter 26 of the "Code of the Borough of North Plainfield" ("the Code").
[Ord. No. HO2014-02]
All provisions of Health Code shall take effect 30 calendar
days after the date of publication according to law.
[Ord. No. HO2014-02]
It shall be the duty of the Secretary to the Board of Health,
or someone authorized and directed by the Board, to keep an up-to-date
certified copy of this Health Code available for the use of the public.
All changes in the Health Code and all ordinances adopted subsequent
to the effective date of this codification, which shall be adopted
specifically as part of the Health Code, shall, when finally adopted,
be included therein by reference until such changes or new ordinances
are printed as supplements to the Borough Code Book, at which time
such supplements shall be inserted therein.
[Ord. No. HO2014-02]
Each section of the Health Code and every part of each section
is an independent section or part of a section and the holding of
any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
[Ord. No. HO2014-02]
Each section of this Ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or parts thereof.
[Ord. No. HO2014-02]
This Ordinance and the Health Code shall supersede and repeal
all other general and permanent ordinances of the Board of Health
enacted prior to the enactment of this Code, except such ordinances
as are expressly saved from repeal.
[Ord. No. HO2014-02]
The adoption of this Health Code and the repeal of ordinances
provided for in the above section of this Ordinance shall not affect
the following ordinances, rights and obligations, which are hereby
expressly saved from repeal:
a.
Any ordinance of the Board of Health adopted subsequent to the adoption
of this Ordinance;
b.
Any rights or liabilities established, accrued and/or incurred under
any legislative provision prior to the effective date of this ordinance,
or any action or proceeding brought for the enforcement of such right
or liability;
c.
Any prosecution, indictment, action, suit or other proceeding pending,
or any judgment rendered, prior to the effective date of this Ordinance,
brought pursuant to any legislative provision;
d.
Any provisions of an ordinance or resolution of the Board of Health
creating employments, positions or offices and fixing salaries and
duties therefor which are not provided in the Health Code hereby adopted
and which are not in conflict or inconsistent therewith, or any ordinance
pertaining to the salaries and compensation of Board of Health officers
and employees.
[Ord. No. HO2014-02]
a.
The provisions of this Chapter shall be deemed to be supplemental
to the provisions of the New Jersey State statutes with respect to
Health and Vital Statistics (N.J.S.A. 26:3-31 et seq.) and the New
Jersey State Sanitary Code, N.J.A.C. 8:1-1 et seq., and any other
applicable State law which addresses the topics herein. Such laws
and rules and regulations are incorporated herein as if set forth
in their entirety.
b.
Whenever, in this Chapter, any provisions or whenever any subsequently
issued regulation of the Board of Health shall be found to be contrary
to or inconsistent with New Jersey State Statutes (including but not
limited to N.J.S.A. 26:1A-15 et seq. and N.J.S.A. 26:3-1 et seq.),
the New Jersey State Sanitary Code, N.J.A.C. 8:1-1 et seq., or regulations
or rules of the New Jersey State Department of Health in effect now
or as may hereafter be adopted, then the provisions of the New Jersey
State laws and regulations shall govern. This supercession shall not
be applicable when this Chapter and the State law or rule can be read
in conjunction with each other or in a case where this Chapter establishes
a higher standard of care than that of the State law or rule.
[Ord. No. HO 2016-02 § 1]
a.
Penalty for Violation.
1.
Violations of Board of Health Code. Unless otherwise specified, any
person violating any of the provisions of any chapter of this Health
Code or ordinance adopted by the Board of Health of the Borough 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 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.
2.
For any and every violation of the provisions of this 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 this Health Code shall,
upon conviction, be liable for the penalty stated above.
3.
Violations of the State Sanitary Code. Unless otherwise specified,
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.
b.
Separate Violations. The continuation of such violation for each
successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
c.
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 to the County Jail for a period not exceeding
90 days. In case a defendant shall have been twice convicted within
the space of six months of the violation of the same ordinance, or
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 this Section, cause the defendant to be imprisoned in
the County Jail for any number of days not exceeding one for each
dollar of the penalty.
d.
Disposition of Penalties. All penalties recovered in any prosecution
for a violation of a health ordinance or the Borough Health Code shall
be paid by the Board into the treasury of the Borough of North Plainfield.
[Ord. No. HO 2016-02 § 2]
The Board of Health and any inspector, officer or official so
designated to act on behalf of the Board of Health shall have the
right to enter in or upon any building or premises 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.
[Ord. No. HO 2016-02 § 3; Ord. No. HO 2016-03]
a.
Enforcement.
1.
The Health Code shall be enforced by the members of the Board of
Health and the Board of Health officers, employees or such other persons
or officers as shall be designated by the Board of Health.
2.
All licensed employees, officers and agents of the Board of Health
shall be vested with the power and authority to 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. 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.
3.
Any person who shall prevent, obstruct, or resist any member of the Board, its officers, or agents acting under and by the authority of the Board in the performance of his duty shall, upon conviction, be liable to the penalties stated in subsection 26-2.9 of the Borough Code.
4.
Every notice or order required to be served by the Board may be served
personally by any member of the Board or any of its employees, agents,
or by any member of the Borough Police Department or other authorized
employee, inspector, officer or official. 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.
b.
Nuisances; Recovery of Costs. The Board of Health may institute a civil action to recover costs incurred by it in the removal or abatement of any nuisance from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant, or occupant of premises who, after notice in writing, fails to abate the nuisance within such time as shall be specified therein, but not less than five calendar days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises. If the owner resides out of State, out of the County of Somerset or cannot be so notified speedily, such notice shall be left at that place or premises with a tenant or occupant thereof or posted on the premises, and mailed via Certified Mail to the in-County registered agent, to the extent that one exists under Chapter 11, Section 13 of the Code of the Borough of North Plainfield, and such action shall be considered proper notification to the owner, tenant, occupant, or agent thereof.
[Ord. No. HO-2018-01]
a.
A fee of $25 is hereby established for each certified copy of a birth,
marriage, civil union, domestic partnership or death certificate.
The fee for subsequent copies shall be $2 each. Said fee shall be
payable upon request for a copy of a certificate.
b.
There shall be a fee of $25 for any corrections that need to be made
to birth, marriage, civil union, domestic partnership or death certificates
that are not caused by the office of the Registrar.
[Ord. No. HO-2018-02]
b.
In the event a retail food establishment receives an "Unsatisfactory"
rating, a fee for reinspection will be charged as follows: $500.00
c.
Reinspection must be completed within a specified time set by the
Registered Environmental Health Specialist at the time of the initial
inspection.
d.
In the event a licensee shall have received two consecutive "C" Conditionally
Satisfactory ratings in the preceding year, the license fee shall
be doubled.
