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.