A.
The Health Officer of the Township of Washington shall,
in addition to his other duties, enforce and administer the provisions of
this code and, in exercising his powers and duties hereunder, shall be known
as the Director of Air Pollution Control. The Director may appoint or designate
other employees or officers of the Township of Washington to perform duties
necessary for the enforcement of this code.
A.
Emergency inspections authorized. Emergency inspections
may be authorized without warrant if the Director has reason to believe that
a condition exists which poses an immediate threat to life, health or safety.
Such procedure shall only take place where the time taken to apply for and
secure the issuance of a warrant would render ineffective the immediate action
necessary to abate the condition.
B.
Air pollution emergency inspections. Emergency inspections
may also be authorized by the Governor in times of air pollution emergencies
in accordance with N.J.S.A. 26:2C-32.
C.
Access refused. Where the Director or his agent is refused
entry or access or is otherwise impeded or prevented by the owner, occupant
or operator from conducting an inspection of the premises, such person shall
be in violation of this code and subject to the penalties hereunder.
D.
Search warrant or access warrant. The Director may, upon
affidavit, apply to the Judge of the Township of Washington Municipal Court
for a search warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a violation of the code
may exist on the premises, including one or more of the following:
(1)
That the premises require inspection according to the
cycle established by the town for periodic inspections of premises of the
type involved.
(2)
That observation of external conditions (smoke, ash,
soot, odors) of the premises and its public areas has resulted in the belief
that violations of this code exist.
(3)
Circumstances such as age and design of fuel-burning
equipment and/or system, type of incinerator, particular use of premises or
other factors which render systematic inspections of such buildings necessary
in the interest of public health and safety. If the Judge of the Township
of Washington Municipal Court is satisfied as to the matter set forth in the
said affidavit, he shall authorize the issuance of a search warrant permitting
access to and inspection of that part of the premises on which the nuisance
or violation may exist.
E.
Inspection procedure. All buildings and premises subject
to this code are subject to inspection from time to time by the Director of
Air Pollution Control or his duly authorized representatives. All rooms and
areas in the building shall be available and accessible for such inspection
which shall be made during usual business hours if the premises are used for
nonresidential purposes; provided, however, that inspections may be made at
other times if:
(1)
The premises are not available during the foregoing hours
for inspection;
(2)
There is reason to believe that violations are occurring
on the premises which can be determined and proved by inspection only during
other than the prescribed hours; or
(3)
There is reason to believe a violation exists of a character
which is an immediate threat to health or safety requiring inspection and
abatement without delay.
A.
Fine; jail term. Any person who shall violate any of
the provisions of this code or who shall fail to comply therewith or with
any of the requirements thereof, shall be punishable by a fine not to exceed
$500 or imprisonment for a term not to exceed 90 days, or both, for each violation.
Each day that such violation shall continue shall constitute a separate offense.
B.
Separate offenses. The violation of any section or subsection
of this code shall constitute a separate and distinct offense independent
of the violation of any other section or subsection or of any order issued
pursuant to this code.
This Code is to be liberally construed to effectuate the purpose herein
described. Nothing herein is to be construed as repealing or abridging the
emergency powers of any agency of government, except to the extent expressly
set forth herein.
This chapter is promulgated and adopted in accordance with Section 26:2C-8
of P.L. 1954, c. 212 (N.J.S.A. 26:2C-1 to 2C-23), amended by P.L. 1962, c.
215; P.L. 1967, c. 105, and P.L. 1967, c. 106; and nothing contained herein
or any action taken hereunder is to be interpreted as being in conflict with
the New Jersey Air Pollution Control Act and the New Jersey Administrative
Code.
