[Ord. No. 861 § BH-11.1]
In addition to any other remedy available by law, whenever any
person shall violate any provision of this chapter, or the State Sanitary
Code, or any other state law or regulation which the Board may enforce,
the Board may direct an Order to the person to discontinue or abate
the violation within a reasonable time fixed by the Board as stated
in the Order. The Order shall be in writing and shall be served personally
or by certified mail, and the person receiving the Order shall have
the right to be heard in person or by Attorney. The hearing will not
waive the right of the Board to seek penalties for violations or delay
the Registered Environmental Health Specialist in requiring immediate
compliance.
[Ord. No. 861 § BH-11.2]
Unless another penalty is specifically provided by law:
a.
Any person violating any of the provisions of any chapter adopted
by the Board of Health, or who shall fail to comply therewith or with
any of the requirements thereof, shall upon conviction thereof pay
a penalty of not less than $5 and not 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.
b.
Except as otherwise provided, each and every day in which a violation
of any provision of any chapter adopted by the Board of Health exists
shall constitute a separate violation.
c.
All penalties imposed under this chapter may be recovered by the
Board in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1
et seq. as amended and supplemented and, upon collection, shall be
paid to the Chief Financial Officer and deposited into the general
treasury of the Borough.
