[HISTORY: Adopted by the Board of Health of the Borough of
Mount Arlington as Chapter BH-II of the 1982 Compilation. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Administrative
Code of the Board of Health of the Borough of Mount Arlington" and
is herein referred to as the "code."
There shall be a President of the Board of Health who shall
preside at all its meetings. The President shall be appointed by the
Board of Health from among its members for a term of one year.
There shall be an Administrator of the Board of Health who shall
be responsible to the Board and who shall issue all licenses authorized
by the Board. The Administrator 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. The Registrar of Vital Statistics
shall be appointed by the Board of Health for a term of three years.
There shall be a Health Officer of the Board of Health who shall
be responsible to the Board of Health. The Health Officer shall hold
the necessary license. He shall be appointed by the Board of Health
for a term of one year. The 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 health
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 police and
fire officers of the Borough of Mount Arlington may be designated
special health reporting officers of the Board of Health.[1]
[1]
Editor's Note: Former Section BH2-7, Plumbing Inspector,
which immediately followed this section, was deleted 5-9-1995 by BOH
Ord. No. 95-1
The Board may employ such other personnel as it deems necessary,
including technicians, inspectors and others, to carry out the powers
vested in the Board by law and by this Part III of the Code of the
Borough of Mount Arlington. All such personnel shall be appropriately
licensed where required.
Whenever the 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 the Code of the Borough of Mount Arlington:
A.Â
Power to prevent the sale of food. The Health Officer may prohibit
the importation into the borough 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.Â
Power to seize and destroy unwholesome food. The 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.Â
Inspection of premises. The Board of Health, its agents and employees
shall have the right to inspect any premises in the Borough of Mount
Arlington if they have reason to believe that any provision of this
Part III of the Code of the Borough of Mount Arlington is being violated
or as part of a regular program of inspection.
B.Â
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.Â
Notice to abate nuisance.
(1)Â
Whenever anything declared by this Part III of the Code of the
Borough of Mount Arlington to be a nuisance or any unsanitary or unhealthy
condition is found on any premises within the borough, 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)Â
Whenever anything declared by this Part III of the Code of the
Borough of Mount Arlington 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.Â
Abatement by Health Officer. 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.Â
Recovery of costs. Whenever any cost or expense is incurred by the
borough 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:
(1)Â
In all cases where practical and permitted by law, such costs
shall be certified to the tax assessment authority and shall be a
part of the taxes next assessed against the premises upon which the
nuisance or unsanitary or unhealthy condition was located.
(2)Â
Where it is impossible or impractical to proceed under Subsection
C(1), the cost or expense shall be recovered in an action at law in
any court of competent jurisdiction. The action shall be instituted
by the Board of Health in the name of the borough or ex rel the State
of New Jersey. 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 Part III of the Code of the Borough
of Mount Arlington.
The Board of Health may by resolution make rules and regulations
which interpret or amplify any provision of this Part III of the Code
of the Borough of Mount Arlington or for the purpose of making the
provisions of this Part III of the Code of the Borough of Mount Arlington
more effective. No regulation shall be inconsistent with, alter or
amend any provision of this Part III of the Code of the Borough of
Mount Arlington, 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 Part III of the
Code of the Borough of Mount Arlington.