[HISTORY: Adopted by the Board of Health of the Borough of Chesilhurst 4-6-2023 by Ord. No. 2023-3 BOH[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as Ch. 321. The chapter was renumbered to organize all Board of Health legislation to Part III of the Code.
As used in this Code:
Means the Board of Health of Chesilhurst, County of Camden, New Jersey, established in the Municipality of Chesilhurst Borough as memorialized in 2023.
Means the Municipality of Chesilhurst, Camden County, New Jersey;
Means the Chesilhurst Health Department;
Means the Chesilhurst Health Officer;
Means any individual, corporation, association, partnership, other legal entity, government, or governmental subdivision or agency;
Means a New Jersey state licensed inspector who is an authorized agent for the Chesilhurst Board of Health; and
Shall mean the New Jersey State Sanitary Code as enacted by the New Jersey Department of Health, (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1 et seq.).
A.
The Health Officer shall be the Chief Executive Officer of this Board, whose duties shall be to enforce all rules, regulations and ordinances of the Board, as well as the applicable rules, regulations and ordinances of Chesilhurst, in addition to the other duties that may be prescribed by the Board; to enforce the laws of the state relating to public health; and to keep and tabulate all records pertaining to vital statistics. Other duties of this position are defined in the Public Health Practice Standards for Local Boards of Health in New Jersey, N.J.A.C. 8:52-1.1 et seq. The Health Officer provides leadership in the field of public health in Chesilhurst. In addition to being the chief executive officer of the health department, the Health Officer is responsible for evaluating any health problems in Chesilhurst, planning appropriate activities to meet those problems, developing necessary budget procedures to cover these activities, and directing the department's staff so as to carry out the activities efficiently, economically and in accordance with accepted policies and practices as defined by the New Jersey Department of Health and Public Health Council in the aforesaid N.J.A.C. 8:52-1.1 et seq.
B.
The Registered Environmental Health Specialist(s) is (are) responsible for making inspections, compiling proper records of such inspections, informing operators of establishments of violations, methods of abating such violations, and securing evidence that may be necessary for legal action. Such inspections shall be in accordance with N.J.A.C. 8:52-1.1 et seq.
A.
All places and premises in Chesilhurst shall be subject to inspection by the Health Officer or designee if there is reason to believe that any section of this Code is being violated. For the purpose of making such inspections, the Health Officer or designee is authorized to enter upon premises with the consent of the owner, or designated agent or occupant thereof, or failing that, pursuant to a properly issued search warrant, in such manner as to cause the least possible inconvenience to the persons in possession of the premises.
B.
No person shall hinder, obstruct, delay, resist or prevent the health officer or designee from having all access to the place or premises necessary to determine the full nature and effect of any violation of this Code believed to exist.
A.
All licenses, permits and notices of the Board shall be in writing on forms provided by the Board of Health for those purposes, and when signed by the Health Officer, said documents shall be considered official documents of the Board.
B.
Any person or persons upon whom a notice of violation has been served shall be deemed to have been officially notified by the Board when any such notice is served according to the applicable health laws and regulations of the State of New Jersey and ordinances of Chesilhurst. Based on the conditions observed by the Health Officer or designee and the severity of the impact on the public health, a notice of violation may require abatement within no more than 24 hours. Any such time limit will be noted on all notices of violation.
Permits issued or approved under the provisions of this Code shall expire annually on December 31 of each year. Application for renewal thereof shall be submitted, together with the required fee, prior to January 1 of each year.
All licenses and permits, and food establishment inspection rating certificates issued by the Board shall be displayed at all times in public view on the premises for which they were issued, subject to approval of the location by the Health Officer or designee. Every holder of a license, permit or certificate of compliance shall, upon demand, exhibit same to the Health Officer or designee.
Whenever the holder of any license or permit issued under the provisions of this Code shall be in violation of this Code, or of any rule or regulation promulgated by the Board pursuant to this Code, or of any directive issued by or on behalf of the Board or Health Officer the Board may, following a hearing pursuant to the procedures set forth in § 500-9 and for good cause shown, revoke such license or permit. No such revoked license or permit shall be renewed or restored until the Health Officer is satisfied that all of the provisions of this Code have been complied with and that the reason for the suspension or revocation has been abated.
Unless this Code provides for another procedure for a particular type of license or permit, the following procedures shall apply:
A.
A license or permit issued under the terms and provisions of this Code shall not be revoked or suspended until a hearing thereon shall have been had by the Board of Health. The Health Officer, and/or registered environmental health specialist will participate in the hearing. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for the hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing on the license or permit.
B.
If the Health Officer or designee determines that continued operation by the licensee or permittee endangers or is likely to endanger the public health or safety, the Health Officer or designee may suspend the license or permit pending the outcome of the hearing by the Board.
C.
At the hearing before the Board of Health, the holder of the license or permit shall have an opportunity to respond and may thereafter be heard. The Board designee who made the decision or determination that is being considered at the hearing shall also be heard, as well as any other persons whose opinion and advice the Board deems would be of assistance in rendering its decision. The hearing shall be chaired by the President, and the Rules of Evidence shall not apply. After consideration and deliberation by the Board of Health, the complaint may be dismissed, or if the Board of Health concludes that the charges have been substantiated, it may revoke or suspend the subject license or permit. The decision of the Board shall be rendered at or after the conclusion of the hearing or at the next regularly scheduled Board meeting. Any hearing decision shall be by majority vote of the Board members present and shall be final.
D.
If any such license or permit shall have been revoked, neither the holder thereof nor any person acting for that person, directly or indirectly, shall be entitled to another license to carry on the same business within Chesilhurst unless the application for such license or permit has been approved by the Board of Health.
E.
No provision of this chapter shall be applied so as to impose an unlawful burden on either interstate commerce or any activity of the state or federal government.
A.
Scope. When any provision of this Code permits an appeal to the Board from a decision of the Health Officer or designee, or from a license, permit or certificate denial or revocation, the appeal procedures set forth in this section shall apply. The Board will receive and consider only those appeals that are filed in accordance with the sections of this Code that specifically authorize the filing of appeals.
B.
Appeal procedures.
(1)
An appeal shall be commenced by the filing of a written notice of appeal filed with the Health Officer no more than 15 days after the date of the decision or determination being appealed. The appeal of the decision or determination shall be considered by the Board at its next regularly scheduled meeting, unless the appellant consents to a later date; provided, however, that if the regularly scheduled meeting occurs less than 15 days after the filing of the notice, the appeal shall be considered at the following regularly scheduled meeting.
(2)
If, after receipt of written consent from the appellant, the President, in consultation with the Health Officer, determines in the President's discretion that the matter may be heard by a subcommittee of the Board rather than the full Board, the President may appoint a subcommittee of three members of the Board to conduct the hearing in place of and on behalf of the full Board.
(3)
At the hearing of an appeal, the appellant and the Board designee who made the decision or determination being appealed shall present evidence in support of their positions and the Board or subcommittee shall have the right to ask questions of the appellant or any of the appellant's representatives, any Board or Health Department staff member, and any other such persons whose opinion or advice the Board or subcommittee deems would be of assistance in rendering a decision.
(4)
Hearings by the full Board shall be chaired by the President or designee, or if by a subcommittee by the member designated as chair by the President, and the Rules of Evidence shall not apply. At the hearing the Board shall affirm, alter or rescind the determination from which the appeal is taken. The Board or subcommittee shall state, on the record, the reasons for any action taken at such hearing. In the event that the Board or subcommittee determines to alter or rescind the previous determination, action pursuant to that determination shall be taken within 30 days after the date of the hearing. A decision of the Board shall be made no later than the next regularly scheduled Board meeting, shall be by majority vote of Board members present at the hearing, and shall be final. A decision by the subcommittee shall be by a majority vote of subcommittee members present at the hearing, and shall be final.
(5)
The times set forth in this section may be extended or modified by mutual agreement of the appellant and the Board or subcommittee.
C.
Emergency or hardship appeals. In the event an appellant seeks immediate resolution of an appeal due to a claim of hardship or other emergency, the appellant shall include with the notice of appeal a detailed explanation of the hardship or emergency, along with three requested hearing dates. In such cases, the Board President in consultation with the Health Officer, may in the President's discretion determine if there is a hardship or emergency that would require waiver of the time frames set forth in Subsection B. In such case, the Board President may appoint a subcommittee of three members of the Board to hear the appeal in an expedited manner. If the Board President appoints himself/herself to the subcommittee, the President shall chair the hearing; if the Board President does not serve on the subcommittee, the President shall appoint one of the three members as chair. The proceedings shall be conducted in the same manner as set forth in Subsection B; however, the subcommittee may, in its discretion, take any steps it deems necessary to expedite the consideration and decision of the matter appealed. Any decision shall be by majority vote of Board members present at the hearing, and shall be final.
The New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq. and the Regulations promulgated thereunder shall be fully enforced in Chesilhurst by the Chesilhurst Board of Health.
A.
Any person who shall violate any section of this Code or who shall fail to comply with any lawful order of the Board of Health or the Health Officer issued under this Code, or of any rule or regulation promulgated pursuant to this Code for which no specific penalty is provided, shall be subject to the following penalties:
(1)
Not less than $5 or more than $500 and/or appropriate injunctive relief. Complaint shall be made in the Chesilhurst municipal court or another court of competent jurisdiction. The court shall have the power to impose other and additional penalties as provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
B.
Each day any violation of the Board of Health Code or of any rule, regulation or order promulgated pursuant thereto shall continue, shall constitute a separate offense.
C.
Unless a provision of this Code provides otherwise, all provisions of this Code shall be enforced by the Health Officer or designee.
In the event that any section, sentence, or clause of the Board of Health Code shall be declared unconstitutional, unenforceable or otherwise invalid by a court of competent jurisdiction, such determination shall not prejudice the enforcement of the remaining provisions.
Any person who shall hinder, molest or interfere with the performance by any person of any duty that person is authorized or empowered to perform under this Code shall be subject to the following penalties: