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.
[New]
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.
[New]
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]
a.
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.
b.
The Board of Health may appoint a Health Officer, Sanitary Inspectors,
Clerks and other officers and assistants as the Board may deem necessary.
c.
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.
d.
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]
a.
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.
b.
Such notice shall:
1.
Be put in writing;
2.
Include a statement of the reasons why it is being issued;
3.
Allow a reasonable time for the performance of any act it requires;
and
4.
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.
c.
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]
a.
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.
b.
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.
[New]
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.
[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 Borough.
[1975 Code § 128-4]
a.
As used in the Revised General Ordinances of the Board of Health,
the following terms shall have the meanings indicated:
- BASEMENT
- 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.
- BOARDINGHOUSE
- 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.
- CELLAR
- 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.
- OWNER
- 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."
- PLUMBING
- 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.
- ROOMER
- 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.
- SUPPLIED
- Shall mean paid for, furnished or provided by or under the control of the owner or operator.
b.
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".
