Editor's Note: Pursuant to Section 2:13-1.3 of these Revised General Ordinances, the Department of Health and Community Wellness, headed by the Director, is charged, among other things, with administering statutes conferring functions, powers and duties upon a local Board of Health and upon a local Health Officer. Such Statutes, for the most part, are found in N.J.S. 26:1-1 et seq. (Health and Vital Statistics).
[R.O. 1966 § 14:1-1; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014]
As used in this Title, unless otherwise provided for or unless otherwise shown by the context:
CELLAR
Shall mean every basement or lower story of any building or house of which 1/2 or more of the height from the floor to the ceiling is below the level of the street adjoining.
DIRECTOR
Shall mean the Director of the Department of Health and Community Wellness of the City.
DIVISION OR DIVISION OF HEALTH
Shall mean the Division of Community Health in the Department of Health and Community Wellness of the City.
FOOD
Shall have the meaning ascribed to it by N.J.S.24:1.
HEALTH OFFICER
Shall mean the Health Officer of the City.
MULTIPLE DWELLING
Shall mean and include any building or structure and land appurtenant thereto containing three or more apartments or rented or offered for rent to three or more tenants or family units.
PERMIT OR LICENSE
Shall mean the permission in writing of the Health Officer, with the approval of the Director, issued according to the rules and regulations of the Division of Community Health and the provisions of this Title.
PRIVATE MARKET
Shall mean every store, cellar, stand and place, not being a part of a public market, at which the business of buying, selling or keeping for sale of meat, milk, fish or vegetables for human food is conducted.
[R.O. 1966 § 14:1-2]
a. 
Any officer or agent of the Division of Community Health may make the inspections and examinations required by any law of the State or by any code, ordinance, regulation or order of the Division, upon exhibiting his badge, accompanied by a certificate of authority under the seal of the Division.
b. 
All persons are hereby forbidden to interfere with or obstruct such inspection or examination.
[R.O. 1966 § 14:1-3]
a. 
Except as otherwise applicably provided, whenever on any premises within the City anything in violation of any of the provisions of this Title exists or is maintained, or whenever the condition of any premises is such as to call for the interference of the Division of Community Health, notice shall be served on the owner, agent, lessees, tenant or occupant or other proper person, by order of the Health Officer. Such notice shall enable the person served therewith to know wherein any provision of this Title is violated or what is to be remedied. The notice shall give not less than one day or more than 10 days for compliance with such provisions or with the requirements of the Division of Community Health. Such notice may be served on the owner, agent, lessee, tenant or occupant or other proper person, personally or, when there is an occupied dwelling on the premises, by leaving the notice with an adult occupant of such dwelling.
b. 
Except as otherwise applicably provided, no suit shall be brought for a penalty fixed by any provision of this Title until such notice shall have been disregarded by noncompliance therewith.
[R.O. 1966 § 14:1-4]
In any case where a provision of this Title is in conflict with a provision of the New Jersey State Sanitary Code, the provision of the State Sanitary Code shall prevail and govern; except, however, that if any provision of this Title is more restrictive than a provision of the New Jersey State Sanitary Code, then the more restrictive provision, being the higher standard for the promotion and protection of the health and safety of the inhabitants of the City shall prevail, govern and be enforced.
[1]
Editor's Note: For Statutory provisions setting forth the force and effect of the New Jersey State Sanitary Code, see N.J.S. 26:1A-9.
[R.O. 1966 C.S. § 14:1-5]
Except as otherwise provided in this Title or required by State law, any person convicted of violating any provision of this Title shall be fined in a sum of not more than $500, nor less than $5 with the exception that the minimum fine shall be $2 for violations of any provision of this Title, which was enacted prior to January 7, 1970.