Borough of Red Bank, NJ Article V Penalties; Enforcement

[Added by Ord. No. 192-68; amended 2-27-2008 by Ord. No. 2008-4; 8-10-2009 by Ord. No. 2009-43; 12-8-2010 by Ord. No. 2010-38]

§ 695-43 Violations and penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine, term of imprisonment, community service, or any combination of the foregoing, not to exceed the fines or sentences authorized by the general penalties set forth in Chapter 1, Article II, General Penalty, of the Code of the Borough of Red Bank. Each day that a violation continues to exist shall be deemed to be a separate violation.

§ 695-44 Violation discovered; notification.

A. If, during an inspection, the Borough discovers a violation of this chapter, the Borough shall notify the owner and/or operator of the nature of said violation as soon as reasonably possible and, in its discretion, issue:

(1) A summons in accordance with the penalty provision set forth herein; or

(2) A notice to the owner and/or operator for the correction of said violation within seven days thereof.

B. If said violation is not corrected within such time, the Borough shall issue a summons in accordance with this chapter.

§ 695-45 Cost of repair or loss.

Any commercial food establishment that violates any of the provisions of this chapter shall become liable to the Borough for any expense, loss or damage occasioned by the Borough by reason of such violation, including the cost of inspecting, repairing or restoring any sanitary sewer damaged by such violation, including reasonable attorney fees charged to the Borough in seeking to enforce this chapter.

§ 695-46 Enforcement.

Except as where otherwise provided, the Health Officer of the Borough, or his or her designated representative(s), and/or any persons so designated by the Board of Health or the Department of Public Works, shall have the authority to enforce the provisions of this chapter.