A. 
Penalties for violating or refusing or neglecting to comply with any of the provisions of this chapter, unless otherwise specifically provided herein or specifically provided by state law or specifically provided under the State Sanitary Code, shall be, upon conviction, not more than $1,250 nor less than $200, in the discretion of the Municipal Judge before whom the complaint is made; and for the second and each subsequent offense within the space of six months, the penalty shall be imposed in accordance with N.J.S.A. 26:3-78.
[Amended 6-18-2002 by Ord. No. 11-02]
B. 
After notification has been given that a violation of this chapter has taken place or exists, each day that such violation shall continue or refusal or neglect to comply with the provisions of this chapter shall persist shall be considered a separate offense with a like penalty therefor.
All penalties may be sued for and be recovered by and in the name of the Board of Health in the manner prescribed and in accordance with the applicable procedure detailed in Chapter 17 of Title 24 of the Revised Statutes of New Jersey, as amended and supplemented, or Chapter 3 of Title 26 of the Revised Statutes of New Jersey, as amended and supplemented.
All penalties recovered in any prosecution for a violation of this chapter shall be collected by the Board and delivered to the Chief Financial Officer of the Borough or may be made payable to the Chief Financial Officer by order of any court imposing such penalty.
Whenever any person shall violate any provision of this chapter or of the State Sanitary Code of the state or any other state law or regulation which the Board is required to enforce, the Board, in its discretion and within its power, instead of immediately prosecuting such person for such violation, may direct an order to such person commanding him to discontinue or abate such violation within such reasonable time as may be fixed by the Board and stated in the order. Such order shall be in writing and served personally or by registered mail, and the person receiving such order shall have the right to be heard either in person or by attorney. The granting of a hearing is not intended to waive any right of the Board to demand penalties for infractions nor to delay the Health Officer in requiring immediate compliance with any provision of this chapter.
In instances where the Health Officer finds food of any kind on sale or display in a condition or of a quality which he deems unfit for human consumption, he may order the owner to cease immediately its continued sale or display and forthwith to dispose of such food or foodstuffs in a manner provided by law as he may specifically direct. Neither the Health Officer nor the Board shall be liable for the value of any food or foodstuffs that shall have been thus condemned and ordered destroyed; and the person responsible for having sold or offered for sale such unfit food or foodstuffs shall be held, at the discretion of the Board, for such legal action as is provided under this chapter.