Editor's Note: The general power to adopt health ordinances is contained in N.J.S. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in N.J.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.S. 26:1A-9 enforceable in every municipality in this State.
The provisions of Chapter 1 of the Revised General Ordinances of the Borough of Allentown in the County of Monmouth (1996) concerning short title, definitions, construction and severability shall apply to all chapters adopted by the Board of Health.
This codification of the Board of Health ordinances shall be entitled "Revised General Ordinances of the Board of Health, 1996" and may be referred to as the Code of the Board of Health.
[1975 Code § 128-2A-D]
The Board of Health shall elect annually at its January meeting a President and a Vice-President from among its members and shall also appoint a Secretary to the Board, and, at its January meeting held at the expiration of each successive period of three years, shall appoint a Registrar of Vital Statistics for a term of three years.
The Board of Health may appoint a Health Officer, Sanitary Inspectors, Clerks and other officers and assistants as the Board may deem necessary.
The employees of the Board of Health shall be governed by the rules of the Board and may be removed for cause by the Board.
The Secretary shall perform such duties as the Board of Health may direct and shall transmit an annual report, after approval by the Board, to the Borough Council.
[1975 Code § 128-3]
The Board of Health shall have the power to adopt such rules and regulations as it may deem necessary concerning any matter which involves the protection or promotion of health, and all persons concerned shall comply with the provisions thereof.
[1975 Code § 128-2E]
The Health Officer shall act as the executive officer for the Board, shall make investigations, enforce the Board of Health ordinances and regulations, and perform such other duties as may be directed by the Board of Health. The Health Officer shall have, possess and exercise all the power and authority conferred upon or vested in the Board by law when he is engaged in the performance of any duties authorized by the Board of Health or State Statutes.
[1975 Code § 128-33]
Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of the Code of the Board of Health, he shall give notice of such alleged violation to the person or persons responsible therefor, as herein-after provided.
Such notice shall:
Be put in writing;
Include a statement of the reasons why it is being issued;
Allow a reasonable time for the performance of any act it requires; and
Be served upon the owner or his agent or upon the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, or if a copy thereof is sent by registered mail or certified mail to his last known address, or if a copy is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this State.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
[1975 Code § 128-34]
Whenever the Health Officer finds that corrective measures effecting compliance with the Code of the Board of Health have not been taken by the owner or operator within a reasonable time, which in no case shall be more than 30 days, the Health Officer may then, without further notice, file a complaint with the Municipal Court of the Borough for any continuing violation of this Code. In the event that the Health Officer finds that an emergency exists requiring immediate action to protect the public health, he shall give written notice where possible, or may give verbal notice if in his judgment he deems it necessary, to the owner or operator to remedy the offending condition.
If compliance is not effected pursuant to such notice, the Health Officer may then make a complaint against the offending person for violation of this Code. In the event that the period stated in any notice proves insufficient for the offending person to remedy the health condition, the Health Officer may, as circumstances require, extend the period of time for compliance to afford the owner or operator of any premises opportunity to complete corrective measures.
Any person violating any of the provisions of any chapter 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 another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose the other and additional penalties provided by N.J.S. 26:3-77 and N.J.S. 26:3-78.
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.
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 Borough.
[1975 Code § 128-4]
As used in the Revised General Ordinances of the Board of Health, the following terms shall have the meanings indicated:
- Shall mean a portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
- BOARD OF HEALTH
- Shall mean the Board of Health of the Borough of Allentown.
- Shall mean any building in which three or more persons not related by blood or marriage to the owner or operator of such business are lodged and served meals for a consideration.
- Shall mean a portion of a building located partly or wholly underground and having half or more than half of its floor-to-ceiling height below the average grade of the adjoining ground.
- Shall mean any person who, alone or jointly or severally with others, shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling or dwelling unit as "owner" or agent of the "owner" or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the "owner." Any such person thus representing the actual "owner" shall be bound to comply with the provisions of this chapter to the same extent as if he were the "owner."
- Shall mean, cover and include the installation of and alterations, repairs or connections to any drain, sewer, soil, waste or vent pipe or any pipe or fixture connected therewith for sanitary purposes, and includes new installations or alterations of water supply pipes for sanitary purposes.
- Shall mean any person using a rooming unit for sleeping and living purposes but not for cooking or eating.
- ROOMING HOUSE
- Shall mean any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator for a consideration to three or more persons not related by blood or marriage to the owner or operator of such "rooming house."
- ROOMING UNIT
- Shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
- Shall mean paid for, furnished or provided by or under the control of the owner or operator.
Meaning of Certain Words. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit" and "premises" are used in the Revised General Ordinances of the Board of Health, they shall be construed as though they were followed by the words "or any part thereof".