[HISTORY: 1973 Code §§ 111-1—111-7 adopted
by the Board of Health as amended through October 13, 2016. Adopted
by the Board of Health. Amendments noted where applicable.]
[Ord. No. 10-11]
The Board of Health of the Borough of North Caldwell and its
members, agents and employees shall have the right of entry into and
upon any public or private building or premises, for the purpose of
enforcing or determining whether or not the provisions of any ordinance
adopted by the Board of Health, any rules and regulations of the Board
of Health or any state statute or rule or regulation relating to public
health are being complied with or obeyed. No person shall oppose such
entry or hinder or interfere with the Board of Health or any of its
members, agents or employees in the performance of their duties.
If the owner or occupant of any premises refuses to permit entry
for the purpose of inspection, the Board of Health or Health Officer
may apply to the Municipal Court 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 provided 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.
[Ord. No. 10-11]
A.
Any person violating any of the provisions of this chapter or local
health ordinance shall, upon conviction thereof, be liable to a penalty
of not less than $50 nor more than $500 for each offense, with each
day of violation constituting a separate offense.
B.
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. Each such penalty shall
be sued for and recovered in a civil action, in any court of competent
jurisdiction, by and in the name of the Board of Health of the Borough
of North Caldwell.
Any penalty recovered in any such action shall be paid to the
plaintiff therein. The penalty recovered shall be paid by the Board
of Health into the treasury of the borough. (N.J.S.A. 26:1A-10)
The Board of Health shall appoint a Health Officer, who shall
act as executive officer for the Board when it is not in session.
He shall make investigations for, enforce the ordinances of and perform
such other duties as may be directed by the Board of Health.
The Board of Health shall also appoint a Plumbing Inspector,
who shall be a licensed plumber.
The Board of Health may also appoint and employ such other persons
as are necessary to enforce its ordinances, rules and regulations.
[Ord. No. 10-11]
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 this Code:
A.
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.
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.
[Ord. No. 10-11]
A.
Notice to abate nuisance.
(1)
Whenever anything declared by the Health Officer 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)
Whenever anything declared by the Health Officer 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 Health Officer may remove or abate such nuisance or condition
in the manner provided for a like condition existing on a private
premises or place.
B.
Abatement by Health Officer.
If the owner or person in control of the premises, upon being notified as provided by subsection 111-7A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by which means as shall be deemed proper.
C.
Recovery of costs.
(1)
Whenever any cost or expense is incurred by the borough as a result
of the Health Officer 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:
(a)
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.
(b)
Where it is impossible or impractical to proceed under paragraph
C(1)(a) above, 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.
(2)
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 Code.
[Ord. No. 10-11; New]
The Board of Health may, by ordinance, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with, alter or amend any provisions of this chapter, 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 chapter. Any person who shall violate the rules and regulations adopted by the Board of Health shall, upon conviction, be liable to the penalties stated in Section 111-2A.
