Editor's Note: The general power to adopt health
ordinances is contained in N.J.S.A. 26:3-31. The penalties that may
be provided for a violation of health provisions are contained in
N.J.S.A. 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.A. 26:1A-9 enforceable
in every municipality in this State. For salary grades and ranges,
wages, compensation and fees of all officers and employees of the
Borough of Bloomingdale Board of Health, see the salary ordinances
of the Borough. Such ordinances are not included in these ordinances,
but are saved from repeal in the Adopting Ordinance.
[New]
This Code shall be known and designated as "The Revised General
Ordinances of the Board of Health of the Borough of Bloomingdale,
2006," or the "Bloomingdale Health Code."
[New]
For the purpose of this Code, the following words and terms
shall have the meanings herein given them:
Shall mean the authorized agent or authorized agents of the
Board of Health of the Borough of Bloomingdale.
Shall mean the Board of Health of the Borough of Bloomingdale,
or its official representative except where otherwise specified, when
the Board is not in session.
Shall mean the Borough of Bloomingdale, County of Passaic,
State of New Jersey.
Shall mean a written authorization which may be granted by
the Board or its agent, upon payment of the required fee, permitting
the conduct of specified acts for the period stipulated and in strict
accordance with the provisions of this Code and the Sanitary Code
and laws of the State of New Jersey.
Shall mean the current body of statutory law of the State
of New Jersey which contains the general and permanent laws, as amended
and supplemented.
Shall be construed as if the words "of the Board of Health
of the Borough of Bloomingdale" followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted by the Board of Health and including this Revision, so long
as it is adopted by the procedure required for the adoption of an
ordinance and so long as it remains in force and effect pursuant to
law, and shall include amendments thereto.
Shall mean any sole owner, part owner, joint owner, tenant
in common, tenant in partnership, joint tenant, or tenant by the entirety
of the whole or of a part of a building or land.
Shall mean a temporary authorization to do a single act or
acts of short duration, but in all other respects shall be the same
as a license.
Shall mean any natural person, individual, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any section of this Code prescribing a penalty
or fine, as applied to partnerships or associations, corporations
or any other legal entity, the word includes officers, managers, agents
or employees thereof who are responsible for any violation of that
section and "he," "his," or "him," shall include persons of the female
gender.
Applied to a building or land, shall mean and include any
person who occupies the whole or part of such building or land, whether
alone or with others.
"Shall" is mandatory; "may" is permissive.
[New]
The provisions of Chapter 1 of the "Revised General Ordinances of the Borough of Bloomingdale, 2000, in the County of Passaic concerning construction shall apply to all chapters adopted by the Board of Health.
[New]
If any section, paragraph, subparagraph, clause or provision
of this Health Code shall be adjudged invalid, illegal or unconstitutional,
such adjudication shall apply only to the specific chapter, section,
paragraph, subparagraph, clause or provisions so adjudged and the
remainder of the Health Code shall be deemed valid and effective.
[New]
Any ordinance inconsistent with the provisions of this Code
is hereby expressly repealed.
[New]
a.
Violations of Board of Health Code. Any person violating any of the
provisions of any chapter of this Code or ordinance 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
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.
(N.J.S.A. 26:3-70)
b.
For any and every violation of the provisions of this Health Code,
the owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist and the lessee or
tenant of any part of a building or premises in which part such violation
has been committed or shall exist and every person who violates, commits,
takes part or assists in the violation of this Health Code shall,
upon conviction, be liable for the penalty stated above. (N.J.S.A.
26:3-70)
c.
Violations of the State Sanitary Code. 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. (N.J.S.A. 26:1A-10)
[New]
The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.
[New]
The Judge of the Municipal Court may cause a defendant who refuses
or neglects to pay the amount of a judgment rendered against him and
all costs and charges incident thereto to be committed in the County
jail for a period not exceeding 90 days. In case a defendant shall
have been twice convicted, within the space of six months, of the
violation of the same ordinance, or the same provisions of this Code,
and due proof of such fact is made, the Court may, in addition to
the imposition of the penalty prescribed by this section, cause the
defendant to be imprisoned in the County jail.
[New]
Pursuant to N.J.S.A. 2A:58-1 et seq., the Penalty Enforcement
Law, all fees and penalties collected under any provision of any chapter
adopted by the Board of Health shall be paid to the Board of Health
of the Borough of Bloomingdale.
[New]
This Board of Health shall have the right to enter in or upon
any building or premises at any hour of the day to determine whether
the provisions of this Code are being followed or obeyed. It shall
be unlawful for any person to interfere with any inspection being
made by the Board of Health or any inspector thereof.
[New]
a.
This Board of Health Code shall be enforced by the members of the
Board of Health and the Board of Health Officers or such other person
or officers as shall be designated by the Board of Health.
b.
Any member of this Board or any of its agents may make the inspections
and examinations required to be enforced by this Board, any provision
of the Code, or any ordinance, regulation, resolution, or order of
this Board, except specific inspections requiring a professional license
(i.e., Retail Food Inspections), upon exhibiting a certificate of
authority under the seal of this Board, and, in making the inspection
and examination, it shall be lawful for the person to enter in or
upon any premises for the purpose of health protection.
c.
Any person who shall prevent, obstruct, or resist any member of this Board, its officers, or agents acting under and by the authority of this Board in the performance of his/her duty shall be subject to a fine, upon conviction, as stated in Section BH1-3.
d.
Every notice or order required to be served by this Board may be
served personally by any member of this Board or any of its agents,
or by any member of the Borough Police Department. Notice may be served
by mail, addressed to the last known place of residence, or by posting
it in a conspicuous place on the premises.
[New]
The Board of Health may institute an action of law to recover
costs incurred by it in the removal or abatement of any nuisance from
any person who shall have caused or allowed such nuisance to exist
or from any owner, tenant, or occupant of premises who, after notice
in writing, fails to abate the nuisance within such time as shall
be specified therein, but not less than five days from the date of
service thereof. A duplicate of the notice shall be left with one
or more of the tenants or occupants of the premises. If the owner
resides out of State or cannot be so notified speedily, such notice
shall be left at that place or premises with a tenant or occupant
thereof, or posted on the premises, and such action shall be considered
proper notification to the owner, tenant, or occupant thereof.
