[HISTORY: Adopted by the Township Council of the Township of West Milford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 57.
Animals — See Ch. 71.
Unfit buildings — See Ch. 94.
Retail food establishments — See Ch. 163.
Littering — See Ch. 208.
Noise — See Ch. 226.
Property maintenance — See Ch. 285.
[Adopted as Sec. 19-1 of the 1976 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
FOOD
Natural or prepared food, beverages and all other items intended for human consumption.
OWNER
Any person having any interest, legal or equitable, either alone or in combination with others, in any premises.
PERSON IN CONTROL OF PREMISES
Any person responsible for the maintenance and upkeep of any premises, whether as tenant, lessee or occupant, or as agent of any of them or as agent of an owner or otherwise.
PREMISES
Any building, structure, lot of land or part thereof.
A. 
Whenever anything declared by this article to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Township, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified but not less than five days from the date of service.
B. 
Whenever anything declared by this article to be a nuisance or any unsanitary or unhealthy condition is found on any public property or on any highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified.
If the owner or person in control of the premises upon being notified does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer or his agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
A. 
Whenever any cost or expense is incurred by the Township as a result of the Health Officer, his agents or employees abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expenses may be recovered in the following manner:
(1) 
In all cases where permitted by law, such costs may be certified to the Tax Collector and shall be a part of the taxes next assessed upon the premises upon which the nuisance or unsanitary or unhealthy condition was located.
(2) 
Where the Township is not permitted by law to proceed under Subsection A(1) above, the cost or expense shall be recovered by an action at law in any court of competent jurisdiction, which action shall be instituted by the Health Officer in the name of the Township.
B. 
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 article.
Notice required by the provisions of this article shall be in writing and shall be given to all the persons affected by it. Notice shall be served personally upon the person affected or by leaving a copy at his usual or last known place of abode or by mailing it to him at his usual or last known place of abode. Where the notice relates to any premises, a duplicate of it shall be left with one or more of the tenants or occupants. If the owner of the premises in question cannot be notified speedily, notice may be given by leaving it with one of the tenants or occupants by posting it in a conspicuous place on the premises.
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort to legal proceedings:
A. 
Power to prevent the sale of food. The Health Officer may prohibit the importation into the Township 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.
B. 
Power to seize and destroy unwholesome food. The Health Officer may order the seizure and destruction of any unstamped meat and of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to persons who consume it.
C. 
Suspension of licenses. The Health Officer may suspend temporarily the license of any person required to be licensed by any of the provisions of this article if he finds that the licensed activity is being conducted in such manner as to endanger the health or safety of the public.
The Health Officer, his agents and employees shall have the right to inspect any premises in the Township if they have reason to believe that any provision of this article is being violated or as part of a regular program of inspection.
If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Department of Health may apply to the Municipal Judge 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 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.
The Health Officer shall have the power to make whatever written rules and regulations he may decide are necessary for the proper administration and enforcement of this article, but no rule or regulation shall conflict with or in any way alter, amend or supersede any of the provisions of this article.
There shall be, when appointed by the Council, special health reporting officers who shall promptly report to the Department every violation of health ordinances, rules and regulations which may come within their observation or knowledge. The police and fire officers and members of the Department of Health of the Township may be designated special health reporting officers.
[Adopted as Sec. 19-12 of the 1976 Revised General Ordinances]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcement official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Health Department in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69 to 26:3-69.6. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text herein.
The code established and adopted by this article is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code (1953) have been placed on file in the office of the Township Clerk for the use and examination of the public.