[HISTORY: Adopted by the Board of Health of the Township of Freehold
as Ch. BH-II of the Revised General Ordinances. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Administrative
Code of the Board of Health of the Township of Freehold" and is herein referred
to as the "code."
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 of Health
from among its members for a term of one year. [1]
There shall be an Executive Officer of the Board of Health who shall
be responsible to the Board of Health. The Executive Officer shall hold the
necessary license. He shall be appointed by the Board of Health for a term
of one year. The Executive 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.[1]
The Board may employ such other personnel as it may deem 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, where
required, be appropriately licensed.
Whenever the Executive 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
provisions of this Code:
A.
Power to prevent the sale of food. The Executive Officer
may prohibit the importation into the Township 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 Executive
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 Board of Health, its agents
and employees shall have the right to inspect any premises in the Township
if they have reason to believe that any provision of Part III, Board of Health
Legislation, of the Code of the Township of Freehold is being violated, or
as part of a regular program of inspection.[1]
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]
(1)
Whenever anything is declared by Part III, Board of Health
Legislation, of the Code of the Township of Freehold to be a nuisance or any
unsanitary or unhealthy condition is found on any premises within the Township,
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 is declared by Part III, Board of Health
Legislation, of the Code of the Township of Freehold 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 Executive 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 may 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 Township
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 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 Part III, Board of Health Legislation,
of the Code of the Township of Freehold or for the purpose of making the provisions
of Part III, Board of Health Legislation, of the Code of the Township of Freehold
more effective. No regulation, however, shall be inconsistent with, alter
or amend any provision of said Part III, 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 said Part III.
