[HISTORY: Adopted by the Board of Health of the Borough of Hillsdale:
Art. I, 10-7-1985 as Ord. No. 3-85; Art. II, 6-3-1997 by Ord. No. 97-2. Amendments
noted where applicable.]
[Adopted 10-7-1985 as Ord.
No. 3-85]
As used in this Article, the following terms shall have the meanings
indicated:
Any individual licensed by the State of New Jersey to perform the
duties of a Sanitary Inspector and in the employ of the local Board of Health.
Any individual licensed by the State of New Jersey to perform the
duties of a Health Officer and in the employ of the local Board of Health.
A.
Whenever the Health Officer or his or her duly licensed
authorized agent shall determine that there exists a violation of the New
Jersey State Sanitary Code, or New Jersey State health laws, or local health
ordinance, or State of New Jersey DEP, said officer or agent shall issue a
notice of violation and order to terminate directing the discontinuance of
the illegal action or condition and the correction of the violation.
B.
The notice and orders shall contain at least the following
information:
(1)
The name and address of the owner.
(2)
The address at which the violation occurred.
(3)
The name and address of the person to whom the order
is directed.
(4)
If it be other than the owner, a copy shall be delivered
to the owner or his or her agent stating that the owner bears joint responsibility
for bringing about compliance with the person named.
(5)
A citation to the sections of the law, ordinance or regulation
violated.
(6)
An order to terminate violations within a time specified
in the order.
(7)
The amount of penalty assessed if any, and if cumulative.
(8)
An explanation of the method of computation.
(9)
Shall be signed by the appropriate Health Official.
C.
The Health Officer or his or her duly licensed authorized
agent shall permit such time period for correction as is reasonable within
the context of the situation.
D.
Extensions. The Health Officer or his or her duly licensed
authorized agent may grant extensions of time whenever he or she shall determine
that despite diligent effort, compliance cannot be accomplished within the
time specified in the notice.
If the notice of violation and orders to terminate have not been complied
with, the Health Officer or his or her duly licensed authorized agent, in
addition to any other available remedies likely to bring about compliance,
may request the legal counsel of the municipality to institute the appropriate
processing at law or in equity to retain, correct or abate such violations.
A.
Any person, corporation or anyone shall be subject to
a penalty of not more than five hundred dollars ($500.) but not less than
five dollars ($5.), if that person violates any provision of this Article
or fails to comply with an order issued by the Health Official.
[Amended 6-3-1997 by Ord.
No. 97-2]
B.
Anyone who knowingly refuses entry or access to the Health
Officer or an inspector lawfully authorized to inspect any premises, building
or structure pursuant to the laws cited in this Article, or who unreasonably
interferes with such an inspection, shall be subject to a fine of two hundred
fifty dollars ($250.).
C.
A person shall be guilty of a separate offense for each
day that he or she fails to comply with a notice of violation order validly
issued by a duly authorized Health Official.
D.
A person shall be guilty of a separate offense for each
violation of any provision of the laws cited in this Article.
E.
No such penalty shall be assessed except upon notice
of violation and order to terminate and upon expiration of the time period
delineated in the notice.
F.
The Health Official may separately serve a notice of
penalty assessment and order to pay a penalty whenever he or she shall not
have done so in the original notice and orders.
G.
The Health Official shall assess a monetary penalty whenever
such shall be likely to assist in bringing about compliance. The penalty shall
be no less than five dollars ($5.) nor more than five hundred dollars ($500.)
for each violation. All penalty assessments shall be made payable to the Board
of Health and sent or delivered in person to the Clerk of the Department of
Health.
[Amended 6-3-1997 by Ord.
No. 97-2]
H.
Penalties pursuant to this Article may be collected in
a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.). Jurisdiction to enforce such penalties is conferred upon judges
of the Municipal Court in addition to the courts specified by N.J.S.A. 2A:58-2.
Suit may be brought by a municipality or the State of New Jersey. Payment
of a money judgment pursuant hereto shall be remitted, in the case of suit
brought by the municipality, to the Chief Financial Officer and, in the case
of a suit brought by the State of New Jersey, to the State Treasurer.
[Amended 5-13-1997 by Ord.
No. 97-8]
[Adopted 6-3-1997 by Ord.
No. 97-2]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Hillsdale of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 323 through 369, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Hillsdale," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent
ordinances of the Board of Health enacted prior to the enactment of this Code,
except such ordinances as are expressly saved from repeal or continued in
force and effect hereinafter.
All provisions of this ordinance and the Code shall take effect 30 days
after the date of the first publication.
A copy of the Code in loose-leaf form has been filed in the office of
the Secretary of the Board of Health and shall remain there for use and examination
by the public until final action is taken on this ordinance; and if this ordinance
shall be adopted, such copy shall be certified as provided by law, and such
certified copy shall remain on file in the office of the Secretary of the
Board of Health, to be made available to persons desiring to examine the same
during all times while the said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed
and adopted in such form as to indicate the intent of the Board of Health
to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the "Code of the Borough of Hillsdale" shall be
understood and intended to include such additions and amendments. Whenever
such additions, amendments or supplements to the Code shall be adopted, they
shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf
book containing the said Code, as amendments and supplements thereto.
The Secretary of the Board of Health, pursuant to law, shall cause to
be published, in the manner required, a copy of this adopting ordinance in
a newspaper of general circulation in the borough. Sufficient copies of the
Code shall be maintained in the office of the Secretary for inspection by
the public at all times during regular office hours. The enactment and publication
of this adopting ordinance, coupled with availability of copies of the Code
for inspection by the public, shall be deemed, held and considered to be due
and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Secretary, or someone authorized and directed
by the Secretary, to keep up-to-date the certified copy of the book containing
the Code required to be filed in the Secretary's office for the use of the
public. All changes in said Code and all ordinances adopted subsequent to
the effective date of this codification, which shall be adopted specifically
as part of the Code, shall, when finally adopted, be included therein by reference
until such changes or new ordinances are printed as supplements to said Code
book, at which time such supplements shall be inserted therein.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, any part or portion of the Code, or to alter or tamper with
such Code in any manner whatsoever which will cause the law of the Board of
Health to be misrepresented thereby. Anyone violating this section of this
ordinance shall be subject, upon conviction, to a fine of not less than $5
nor more than $500.
Each section of the Code and every part of each section is an independent
section or part of a section, and the holding of any section or a part thereof
to be unconstitutional, void or ineffective for any cause shall not be deemed
to affect the validity or constitutionality of any other section or parts
thereof.
Each section of this ordinance is an independent section, and the holding
of any section or part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
All ordinances of a general and permanent nature adopted by the Board
of Health and in force on the date of the adoption of this ordinance and not
contained in the Code are hereby repealed as of the effective date of this
adopting ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 323-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance of the Board of Health adopted subsequent
to November 9, 1993.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this ordinance,
or any action or proceeding brought for the enforcement of such right or liability.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision, or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding
pending, or any judgment rendered, prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
Ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract or obligation.
G.
Any provisions of an ordinance or resolution of the Board
of Health creating employments, positions or offices and fixing salaries and
duties therefor which are not provided in the Code hereby adopted and which
are not in conflict or inconsistent therewith, or any ordinance pertaining
to the salaries and compensation of Board of Health officers and employees.
A.
In compiling and preparing the ordinances of the Board
of Health for adoption and revision as part of the Code pursuant to N.J.S.A.
40:49-4, certain grammatical changes and other minor changes were made in
one or more of said ordinances. It is the intention of the Board of Health
that all such changes be adopted as part of the Code as if the ordinances
so changed had been previously formally amended to read as such.
B.
In addition, the following changes, amendments or revisions
are made herewith, to become effective upon the effective date of this ordinance
as set forth in Schedule A[1] attached hereto and made a part hereof (chapter and section number
references are to the ordinances as they have been renumbered and appear in
the Code).
[1]
Editor's Note: In accordance with § 323-17B, the chapters and sections which were added or amended by this ordinance are indicated throughout the Code by a footnote referring to Chapter 323, General Provisions, Board of Health, Article II. During routine supplementation, footnotes indicated amendments or additions will be replaced with the following history: "Amended (added) 6-3-1997 by Ord. No. 97-2." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
