[Added 10-23-2017 by Ord.
No. BH 17-01]
This Code shall be known and designated as "Board of Health
Code of the Borough of Pompton Lakes, 2017" or the "Pompton Lakes
Health Code."
[Added 10-23-2017 by Ord.
No. BH 17-01]
For the purpose of this Code, the following words and terms
shall have the meanings herein given them:
AGENT
Shall mean the authorized agent or authorized agents of the
Board of Health of the Borough of Pompton Lakes.
BOARD or BOARD OF HEALTH
Shall mean the Board of Health of the Borough of Pompton
Lakes, or its official representative except where otherwise specified,
when the Board is not in session.
BOROUGH
Shall mean the Borough of Pompton Lakes, County of Passaic,
State of New Jersey.
LICENSE
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 Health Code and the Sanitary
Code and laws of the State of New Jersey.
NEW JERSEY STATUTES or N.J.S.A.
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.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter
adopted by the Board of Health and including this Code, 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.
OWNER
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.
PERMIT
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.
PERSON
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.
TENANT or OCCUPANT
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.
[Added 10-23-2017 by Ord.
No. BH 17-01]
The provisions of Chapter
1 of the Borough of Pompton Lakes Code, 2016, concerning construction shall apply to all chapters adopted by the Board of Health.
[Added 10-23-2017 by Ord.
No. BH 17-01]
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.
[1983 Code § 197-35; amended 10-23-2017 by Ord. No. BH 17-01]
A. Penalty for Violation.
1. 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)
2. For any and every violation of the provisions of this Board of 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)
3. 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)
B. Separate Violations. 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.
C. Refusal to Pay Fines or Judgment. 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. (N.J.S.A. 26:3-77, N.J.S.A. 26:3-78)
D. Disposition of Penalties. All penalties recovered in any prosecution
for a violation of a health ordinance or the Board of Health Code
shall be paid by the Board into the treasury of the Borough of Pompton
Lakes. (N.J.S.A. 26:3-82)
[1983 Code § 197-34; readopted 10-23-2017 by Ord. No. BH 17-01]
The 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 the Board of Health 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.
[1983 Code §§ 197-34, 197-36; amended 10-23-2017 by Ord. No. BH 17-01]
A. Enforcement.
1. The 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.
2. All licensed employees shall be vested with the power and authority
to make the inspections and examinations required to be enforced by
this Board, any provision of the Board of Health Code, or any ordinance,
regulation, resolution, or order of the Board, upon exhibiting a certificate
of authority under the seal of the 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. Any violation
shall be reported to the Health Officer or President of the Board
when such violation occurs in the interim between meetings.
3. Any person who shall prevent, obstruct, or resist any member of this Board, its officers, or agents acting under and by the authority of the Board in the performance of his duty shall be subject to a fine, upon conviction, as stated in §
BH:1-5.
4. Every notice or order required to be served by the 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.
B. Recovery of Costs. 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. (N.J.S.A.
26:3-49, N.J.S.A. 26:3-54)
[1983 Code § 197-37; readopted 10-23-2017 by Ord. No. BH 17-01]
Notwithstanding anything herein to the contrary in the Board
of Health Code, no use permitted or allowed herein shall be permitted
or allowed if the same be a nuisance at common law or prohibited by
any statute of the State of New Jersey or any rule or regulation of
the State Department of Health or any Code of the State Department
of Health or the Zoning and Land Use Ordinance or any other ordinance
of the Borough of Pompton Lakes.