[HISTORY: Adopted by the City Council of the City of Cape May as Secs. 9-1 and 9-2 of the 1997 Revised General Ordinances. Amendments noted where applicable.]
The City Clerk shall serve as local Registrar of Vital Statistics, and his or her term of office shall be concurrent with his or her term of office as Clerk. The Registrar shall forward original birth, marriage and death certificates to the State Department of Health and Senior Services and perform other duties as required by law and as assigned by City Council.
All policemen, special policemen, fire fighters and subcode officials are designated as special health reporting officers to aid in enforcement of the health provisions of this Code by reporting observed violations to the Code Enforcement Officer.
Whenever the Code Enforcement Officer finds that public safety will not permit delay, he or she 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 provisions of this Code:
A. 
Power to prevent the sale of food. The Code Enforcement Officer may prohibit the importation into the City 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 Code Enforcement 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 Code Enforcement Officer shall have the right to inspect any premises in the City if he or she has reason to believe that any provision of this chapter 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 Code Enforcement Officer 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 or she 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 chapter to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the City, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified not less than five days from the date of service in the notice.
(2) 
Whenever anything declared by this chapter 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 Health Officer may remove or abate such nuisance or condition in the manner provided for a like condition existing on a private premises or place.
B. 
Failure to comply. If the owner or person in control of the premises, upon being notified as provided by this section, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Code Enforcement Officer 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 by City. Whenever any cost or expense is incurred by the City as a result of 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 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.
(2) 
Where it is impossible or impractical to proceed under Subsection C(l) above, the cost or expense shall be recovered in an action at law in any court of competent jurisdiction, which action shall be instituted by the City or ex rel the State of New Jersey.
D. 
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 chapter.