This chapter shall be known and may be cited as the "Administrative Code of the Board of Health of the Borough of Hightstown." The Board was established pursuant to Article 2-28 of the Code of the Borough of Hightstown.
A. 
President, Vice President. There shall be a President of the Board of Health who shall preside at all its meetings and a Vice President who shall have such duties as the President and the Board may assign. The President and Vice President shall be appointed by the Board of Health from among its members at its annual meeting in January for terms of one year.
B. 
Secretary. There shall be a Secretary of the Board of Health, who shall be responsible to the Board and who shall attend all meetings and keep minutes of all such meetings. The Secretary shall be employed by the Board of Health, which shall set the Secretary's compensation, all in accordance with § 2-28-2 of the Revised General Ordinances of the Borough of Hightstown.
C. 
Registrar of Vital Statistics. There shall be a Registrar of Vital Statistics who shall be responsible to the Board of Health. The Registrar of Vital Statistics shall be appointed by the Board of Health to serve for a term of three years.
D. 
Health Officer. There shall be a Health Officer of the Board of Health who shall be a person qualified by training and experience for the position and duly licensed. Subject to the superior authority of the Board of Health, the Health Officer shall be the general agent of the Board for the enforcement of this code and the sanitary laws of the state. All licenses required by Board of Health ordinances shall be issued by the Health Officer.
E. 
Emergency powers of Health Officer. Whenever the Health Officer finds that 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:
(1) 
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.
(2) 
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.
A. 
Inspection of premises. The Board of Health and its agents and employees shall have the right to inspect any premises in the Borough if they have reason to believe that any provision of this Code is being violated, or as part of a regular program of inspection.
B. 
Search warrant. If the owner or operator of any premises refuses to permit entry for the purpose of inspection, the Board may apply to the Judge of the Municipal Court 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 provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge of the Municipal Court 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.
A. 
Notice to abate violation. Whenever anything declared by this Code to be a nuisance (including nuisances as defined and prohibited in Chapter BH7), or any unsanitary or unhealthy condition is found on any private 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 in the notice.
B. 
Abatement by Health Officer. If the owner or person in control of the premises does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer, with the approval of the Board of Health, shall proceed to abate the nuisance or condition or cause it to be removed or abated in a summary manner, in accordance with N.J.S.A. 26:3-46 et seq.
C. 
Recovery of costs.
(1) 
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any violation or any unsanitary or unhealthy condition, from any person who shall have caused or allowed such violation, nuisance or any unsanitary or unhealthy condition to exist, or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
(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.
The Board of Health may, by resolution, 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 shall be inconsistent with, alter or amend any provision 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.
The provisions of this Code shall be enforced by the Board of Health, its enforcing official, or his or her designee.