[HISTORY: Adopted by the Board of Health
of the Borough of Upper Saddle River as Ch. BH-II of the Revised General
Ordinances, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
There shall be a President of the Board of Health,
who shall preside at all its meetings. The President shall be appointed
by the Board from among its members for a term of one year.
There shall be a Secretary of the Board of Health,
who shall be responsible to the Board and who shall issue all licenses
authorized by the Board. The Secretary shall be appointed by the Board
for a term of one year.
There shall be a Registrar of Vital Statistics,
who shall be responsible to the Board of Health. The registrar of
Vital Statistics shall be appointed by the Board for a term of three
years.
There shall be a Health Officer of the Board
of Health, who shall be responsible to the Board of Health. The Health
Officer shall hold the necessary license. He shall be appointed by
the Board of Health for a term of one year. The Health Officer shall,
subject to the superior authority of the Board, be the general agent
of the Board for the enforcement of its ordinances and the sanitary
laws of the State of New Jersey.
When appointed by the Board, there shall be
Special Health Reporting 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 Borough of Upper Saddle River
may be designated Special Health Reporting Officers of the Board of
Health.[1]
[1]
Editor's Note: Original Section BH:2-7, Plumbing
Inspector, which immediately followed this section, was deleted 6-23-1986.
The Board may employ such other personnel as
it deems necessary, including technicians, inspectors and others necessary
to carry out the powers vested in the Board by law and by this Code.
All such personnel shall be appropriately licensed where required.
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 Borough 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 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.
(1)
At least once every three months the Health Officer
shall inspect all licensed establishments. If the Health Officer discovers
any violation, he shall make a second inspection after the lapse of
such time as he deems necessary for the defect to be remedied. The
second inspection shall be used in determining compliance with the
requirements of the Board of Health and any codes adopted. Any violation
on the second inspection shall cause immediate suspension of license.
(2)
A copy of the inspection report shall be filed and
kept by the establishment for a period of one year. The original shall
be filed in the records of the Board.
(3)
The persons operating the establishment shall permit
access to all parts of the establishment upon request of the Health
Officer.
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 chapter to be a
nuisance or any unsanitary or unhealthy condition is found on any
premises within the Borough, 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 of
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 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 Borough
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 any
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.
(2)
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 section.
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, however, 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.
A.
Application. All applications for licenses, permits
or certificates shall be made at the office of the Board of Health
during regular office hours. Fees for licenses or permits shall be
paid in advance at the time of making the application.
B.
Investigation. The granting of any license, permit
or certificate may be withheld, at the direction of the Board, pending
examination, investigation or inspection of the person who or the
premises which may be the subject matter of the license, permit or
certificate under consideration.
C.
Term of license. All licenses, permits or certificates
issued by the Board shall be valid only for the balance of the calendar
year in which they are issued unless otherwise provided. No license,
permit or certificate shall be transferable or assignable.
D.
Issuance. The Board shall evidence the granting of
any license, permit or certificate by furnishing to the licensee,
permittee or certificate holder a suitable card, sign, placard, disk,
plate or other writing which conveys information concerning the nature
of the license, permit or certificate, the serial number, name of
the person to whom the same has been issued, the year issued, the
premises or vehicle licensed, if that is material or required, and
such other information as the Board may deem pertinent.
E.
Display. Every license, permit or certificate issued
by the Board shall be displayed in a conspicuous place in the establishment,
premises or other place for which it is issued, and shall likewise
be displayed on every vehicle or conveyance so licensed, for the period
that the license, permit or certificate is in force unless the Board
otherwise prescribes.
A.
Notice of cause required.
(1)
Every license, permit or certificate issued by the
Board may at any time during the term for which the same is so issued
be suspended by the Board, or in an emergency by the Health Officer,
pending a hearing to be granted the holder pursuant to a notice by
the Board to show cause why the license, permit or certificate should
not be suspended further or revoked.
(2)
No license, permit or certificate shall be suspended
unless the Health Officer files with the Board a complaint or charges
evidencing one or more violations under which the license, permit
or certificate was originally issued.
B.
Period of suspension.
(1)
Every suspension shall automatically terminate two
weeks from the date thereof unless continuance of the suspension is
ordered by the Board. In such event, the suspension shall continue
only during the period of continuance ordered by the Board.
(2)
During the period of suspension or ordered continuance,
a license, permit or certificate so suspended shall be ineffective
and the holder shall, during the entire period of suspension, cease
the operation of any business or discontinue every activity or use
permitted under the license, permit or certificate suspended.
C.
Reasons for revocation. A license, permit or certificate
may be revoked at any time by the Board for just cause or if the licensee,
permittee or certificate holder, or any of the employees, agents or
servants of the licensee, permittee or certificate holder, violates:
D.
Hearing.
(1)
Before any license, permit or certificate may be revoked,
the holder shall be given a hearing and an opportunity to be heard
on the complaint made or violation charged against him.
(2)
The time and place for the hearing shall be fixed
at the discretion of the Board, provided that an unreasonable time
shall not be permitted to elapse between the date of suspension of
a license and the date fixed for the hearing.
(3)
Written notice of the time and place of a hearing
shall be given by the Board to the holder of the license, permit or
certificate so involved, served either personally or sent by registered
mail, addressed to him at the address stated in the license, permit
or certificate.
(4)
A licensee, permittee or certificate holder who fails
to appear at the time and place fixed for the hearing shall not be
entitled to a further hearing, and in that event his license, permit
or certificate may, as a matter of course, be forthwith revoked.
A.
Annual fees. All the fees required to be paid for
any license, permit or certificate shall be annual fees, but when
paid shall cover only the balance of the calendar year during which
the fees are so paid or payable, unless otherwise provided.
B.
Schedule. The annual fees for the several licenses,
permits or certificates referred to in this Code are as follows:
C.
General fee for licenses not specified. Whenever a
license or permit is required and no specific fee is established for
the license or permit, the fee shall be $2, payable on issuance of
the license or permit, which shall be for the balance of the calendar
year.
D.
Exemptions. No fee for any permit, license or certificate
issued hereunder shall be required of any person declared by state
law to be exempt from the payment of any fee.
