Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[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.]

§ 364-1 Title.

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."

§ 364-2 President of Board of Health.

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]
[1]
Editor's Note: Original Sec. BH:2-3, Secretary of the Board of Health, and Sec. BH:2-4, Registrar of Vital Statistics, which previously followed this section, were repealed at time of adoption of Code (see Ch. 361, General Provisions, Board of Health, Art. II).

§ 364-3 Executive Officer.

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]
[1]
Editor's Note: Original Sec. BH:2-6, Plumbing Inspector, which previously followed this section, was repealed at time of adoption of Code (see Ch. 361, General Provisions, Board of Health, Art. II).

§ 364-4 Employment of additional personnel.

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.

§ 364-5 Emergency powers of Executive Officer.

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.

§ 364-6 Right of entry.

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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 361, General Provisions, Board of Health, Art. II).
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.

§ 364-7 Abatement of nuisances.

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 361, General Provisions, Board of Health, Art. II).
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.
(b) 
Where it is impossible or impractical to proceed under Subsection C(1)(a), the cost or expense shall be recovered in an action at law in any court of competent jurisdiction, the action shall be instituted by the Board of Health in the name of the Township or ex rel the State of New Jersey.
(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.

§ 364-8 Power to make rules and regulations. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 361, General Provisions, Board of Health, Art. II).