[HISTORY: Adopted by the Board of Health
of the Township of Byram 8-17-1971 as Ch. BH-II of the Revised General
Ordinances. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Administrative Code of the Board of Health of the Township
of Byram" and is herein referred to as "the code."
[Amended 3-5-1990 by Ord. No. 6-1990]
There shall be a Chairman of the Board of Health
who shall preside at all its meetings. The Chairman shall be appointed
by the Board of Health from among its members for a term of one year.
[Amended 12-16-1985]
There shall be a Secretary of the Board of Health
who shall be responsible to the Board and who shall record the minutes
of all meetings of the Board. The Secretary shall be appointed by
the Board for a term of one year.
[Amended 12-16-1985]
There shall be a Registrar of Vital Statistics
who shall be appointed in accordance with the general Administrative
Code of the Township of Byram.[1]
[Amended 12-16-1985]
There shall be a Health Officer of the Board
of Health who shall be responsible to the Board of Health and to the
head of the Department of Planning and Development. The Health Officer
shall hold the necessary license and shall be appointed by the head
of the Department of Planning and Development for a term of one year.
The Health Officer shall, subject to the supervision of the Board
and the head of the Department of Planning and Development, be the
general agent of the Board for the enforcement of its ordinances and
the sanitary laws of the State of New Jersey.
There shall be, when appointed by the Board,
special health officers of the Board of Health who shall promptly
report to the Board every violation of health ordinances, rules and
regulations which may come within their observation or knowledge.
The police and fire officers of the Township of Byram may be designated
special health officers of the Board of Health.
[Amended 12-16-1985]
There shall be a Plumbing Inspector of the Board
of Health who shall be responsible to the Board and the head of the
Department of Planning and Development. The Plumbing Inspector shall
be appointed by the head of the Department of Planning and Development
for a term of one year.
Subject to the concurrence and approval of the
head of the Department of Planning and Development, the Board may
employ such other personnel as it may deem necessary, including technicians,
inspectors and others necessary to carry out the powers vested in
the Board by law and by this chapter. All such personnel shall, when
required, be appropriately licensed.
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 and without the
necessity of giving notice or holding any hearing which would otherwise
be required under any provision of this Code:
A.
Power to prevent the sale of food. The Health Officer
may prohibit the importation into the Township or the 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 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, its agents
and employees shall have the right to inspect any premises in the
Township of Byram if it or they have reason to believe that any provision
of this Part III is being violated or as part of a regular program
of inspection.
B.
Search warrant. If the owner or occupant of any premises
refuses to permit entry for the purpose of inspection, the Board 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.
A.
Notice to abate nuisance.
(1)
Whenever anything declared by this Part III 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, not fewer than five days from the date of service
in the notice.
(2)
Whenever anything declared by this Part III to be
a nuisance or any unsanitary or unhealthy condition is found on any
public property, 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 that person fails to comply with the
notice within the time specified, the Board of Health or its agents
or employees may remove or abate such nuisance or condition in the
manner provided for a like condition existing on a private premises
or place.
B.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its 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.
C.
Recovery of costs.
(1)
Whenever any cost or expense is incurred by the Township
as a result of the Board of Health, its agents or employees abating
or removing or causing to be abated or removed any nuisance or unsanitary
or unhealthy condition, such costs and expense may be recovered in
the following manner:
(a)
In all cases where practical and permitted by
law, such costs shall be certified to the tax assessment authority
and shall be a part of the taxes next assessed against the premises
upon which the nuisance or unsanitary or unhealthy condition was located.
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.[1]
[1]
Editor's Note: Original Section BH:2-13, Advisory
Powers of Board of Health, added 12-16-1985 to follow this section,
was repealed 3-5-1990 by Ord. No. 6-1990.