Whenever any dwelling or any building structure,
excavation, business pursuit, matter, condition or thing in or about
a dwelling or the lot on which it is situated or the plumbing, sewerage,
drainage, privy vault or septic tank, garbage disposal, polluted water
supply, light or ventilation thereof or the infestation condition
of a vacant lot is found by the Health Officer to be dangerous or
detrimental to life or health, the Health Officer may order that the
matter, condition or thing shall be removed, abated, suspended, altered
or otherwise improved, as his order shall specify. If any such order
of the Health Officer is not complied with within 10 days after the
service thereof or within such shorter time as he may designate as
being necessary under the circumstances, then he shall order the owner,
agent and/or tenant to appear before the Board of Health to show cause
why the owner, agent and/or tenant did not comply with the order of
the Health Officer. If the Board of Health shall find that any of
the above conditions does exist, the Board of Health shall order that
the matter, condition or thing shall be removed, abated, suspended,
altered or otherwise improved, as the Board of Health shall specify.
If any such order of the Board of Health is not complied with within
10 days after the service thereof or within such shorter time as the
Board of Health may designate as being necessary under the circumstances,
then such order may be executed by the Health Officer, his agents,
employees or contractors and the expense incurred incident to said
order shall be paid by the owner of said property and shall be a municipal
lien against the real property upon which the cost was incurred. When,
in the opinion of the Health Officer, such matter, condition or thing
is in such a state that it constitutes an actual menace to health,
he shall proceed forthwith to cause such condition to be abated.
Before proceeding to execute such order of the
Board of Health, the Health Officer shall post a notice on the front
of the building, stating that since such order was not complied with
within the time mentioned in said notice, the Health Officer will
proceed to execute the same at the expiration of an additional five
days and charge the cost thereof to the owner of the premises. A copy
of such notice shall be sent by registered mail or personally served
to the owner of the property or his agent if names and addresses on
diligent search can be ascertained.
The Health Officer is authorized and directed
to make inspections to determine compliance with this chapter. He
may enter and examine a dwelling, yard or part thereof at all reasonable
times. No owner, tenant, agent, person or persons shall obstruct or
interfere with the Health Officer or other employees of the Board
of Health in the performance of their duty in the enforcement of this
chapter. The Health Officer shall also have authority to administer
oaths, affirmations, examine witnesses and receive evidence; to appoint
and fix the duties of such officers, agents and employees as he deems
necessary to carry out the purpose of this chapter; and to delegate
any of his functions and powers under this chapter to such officers
and agents as he may designate.
[Amended 9-2-1987 by Ord. No. 9-87; 1-16-2008 by Ord. No. 01-2008
Any owner, lessee or other person or persons who permits, takes part or assists in any violation of or violates any provisions of this chapter shall, upon conviction thereof, for each and every violation thereof and for each and every day that such violation continues, be punishable as provided in §
1-15 of this Code.
Where a provision of this chapter is found to
be in conflict with a provision in any other ordinance of the Borough
of Branchville existing on the effective date of this chapter or in
any regulation issued under the authority of such chapter or ordinance,
the provision which establishes the higher standard for the protection
of health, safety and welfare shall prevail.