[HISTORY: Adopted by the City Council of the City of Hackensack 10-5-1959 (Ord. No. 717) as Ch. 5, Article 1, Sections
3 and 4, of the 1959 Revised Ordinances. Sections 23-1, 23-4B and 23-5 added
and § 23-2B amended at time of adoption of Code; see Ch. 1, General
Provisions, Article 1. Other amendments noted where applicable.]
GENERAL REFERENCES
Community Affairs Department — See Ch. 6.
Fire Department — See Ch. 19.
Police Department — See Ch. 32.
The following chapters are administered and/or enforced, in whole or
in part, by the Health Department:
Ch. 60, Barbershops and Beauty Parlors.
Ch. 66, Boarding and Rooming Houses; Nursing Homes.
Ch. 74, Child Care Facilities.
Ch. 78, Dry-Cleaning Establishments and Laundries.
Ch. 84, Exterminators; Fumigation; Vermin Control.
Ch. 90, Food and Drink.
Ch. 93, Garbage, Rubbish and Refuse.
Ch. 97, Health and Sanitation.
Ch. 98, Heating and Hot Water.
Ch. 114, Nuisances.
Ch. 140, Sewage Disposal Systems, Individual.
Ch. 145, Smoke Emission.
Ch. 152, Swimming Pools.
Ch. 158, Tourist Lodges and Camps.
Ch. 160, Trailers and Trailer Camps.
[Amended 4-15-1974 by Ord. No. 1-74]
A.
There shall be in and for the City of Hackensack a Health
Department, under the supervision and direction of the Health Officer, sanitarians
and such deputies as may be provided for from time to time by the City Council.
B.
The Health Department shall be charged with the enforcement
and administration of the health and sanitation ordinances of the City Council,
as designated by the City Council, and shall have such additional duties and
powers as may be provided by the City Council.
A.
Appointment and qualifications. The Health Officer and
sanitarians shall be appointed by the City Manager after certification by
the Civil Service Commission in accordance with New Jersey Revised Statutes
and amendments thereto.
B.
Powers and duties.
(1)
The Health Officer shall have the power and duty to issue
licenses and permits, notices, certificates and orders under such ordinances
as may be designated by the City Council; to make rules and specifications
to assist in the proper application of such ordinances and to provide the
necessary additional regulations covering details when necessary to the proper
enforcement of such ordinances; to authorize the City Attorney to institute
any and all actions that may seem proper and necessary for the enforcement
of their provisions; to administer oaths and affirmations, examine witnesses
and receive evidence.
(2)
The Health Officer may require any member of the Police,
Fire and Community Affairs Departments, or other department, to investigate
the possibility of, and to report to him in writing, any violation of the
provisions of ordinances designated by the City Council; to send a copy of
such report to the City Manager; and to otherwise assist the Health Officer
in the strict enforcement of any provisions of such ordinances.
(3)
The Health Officer shall prescribe uniform badges to
be worn by him, his sanitarians, his inspectors or other employees of the
Health Department. All officials, employees and members of the Health Department
or any other city department required hereunder to aid in the enforcement
of health and sanitation ordinances, so far as it may be necessary for the
performance of their respective duties, shall have the right to enter any
structure or premises in the City of Hackensack upon exhibiting their badges
and to inspect said structure or premises or to inspect or sample any article
therein.
(4)
The Health Officer may, within the limits of available
appropriations therefor, purchase and distribute free, in accordance with
the rules of the Health Department, biologicals and antibiotics for use in
prevention or treatment of communicable diseases.
(5)
The Health Officer, if he has reason to believe that
a person is ill or infected with a communicable disease, may order such person
to submit to medical examination and, if necessary, to furnish specimens for
examination in a laboratory approved by the New Jersey State Department of
Health.
[Added 9-19-1977 by Ord. No. 48-77]
A.
Appointment and qualifications. The Registrar of Vital
Statistics shall be appointed by the City Manager after certification by the
Civil Service Commission in accordance with the New Jersey Revised Statutes
and amendments thereto.
B.
Powers and duties.
(1)
The Registrar of Vital Statistics shall have the powers
and duties as set forth in N.J.R.S. 26:8-25, except that Items g and i are
omitted.
(2)
The Registrar of Vital Statistics shall be responsible
for the collection of fees for the issuance of all Health Department licenses,
including dog licenses, and shall file the necessary reports reflecting the
issuance of such licenses.
A.
Liability. Neither the Health Officer nor any person
appointed, hired or employed by him or appointed by any other authority to
the Health Department, when acting in good faith and without malice, shall
be liable for damages by reason of anything done under the provisions of this
chapter or the ordinances administered and enforced by the Health Department.
B.
Oversight or dereliction of duty. No oversight or dereliction
of duty on the part of the Health Officer or any member of the Health Department
shall legalize the existence or maintenance of any condition not in conformity
with this chapter or the ordinances which the Health Department administers
and enforces.
A.
Detailed permit, license and certificate applications
shall be kept on file in the office of the Health Department until such time
as the structure, premises or condition to which said applications appertain
is demolished, destroyed or ceases to exist.
B.
Record management practices shall be maintained in conformity
with the records retention schedule for local health records as prepared by
the Archives and History Bureau, New Jersey State Library, Department of Education.
The provisions of the New Jersey State Sanitary Code are hereby recognized
as being of full effect in the City of Hackensack and the Health Department
is hereby designated as having such power and authority as may be necessary
for the proper administration and enforcement of said Sanitary Code.
Notices of violation of any provision of this chapter or of any ordinance
administered or enforced by the Health Department shall be issued by the Health
Officer and shall have his name affixed thereto. Such notice shall contain
a brief statement of the violation charged and, where a structure or premises
or a condition therein is involved, a brief description of the said structure
or premises to which the said notice refers, sufficiently definite in terms
to identify it and its location. Such notice shall direct the person charged
with the violation or his agent to remove the violation forthwith.
A.
The notice of violation may be served upon the person
charged with the violation and who resides in the City of Hackensack, in person
or by leaving it at his usual place of residence with a member of his family
above the age of 14 years. If the person charged with the violation shall
not reside in the city, then the notice may be served upon him personally
or mailed to his last known residence or business post office address, or
it may be served upon the occupant of the property or upon the agent of the
owner in charge thereof. If the owner of the property is unknown or service
cannot for any reason be made as above directed, notice may be served by affixing
the same in a conspicuous place on the property where the violation exists
and by mailing a copy of the notice to the person charged with the violation,
to his last known residence or business address.
B.
In any case where mailing is required, if no residence
or business address can be ascertained by the Health Officer after reasonable
diligence, such mailing may be dispensed with, and upon an affidavit of inquiry,
the notice of violation shall be deemed served. Notice to infant owners or
owners of unsound mind shall be served upon their guardians. Where lands are
held in trust, service shall be made upon the trustee. Where lands are held
by joint tenants, tenants in common or tenants by the entirety, service upon
one of the owners shall be sufficient and deemed and taken as notice to all.
C.
Any orders authorized by this chapter or by any ordinance
administered or enforced by the Health Department to be made or issued by
the Health Officer shall be served in like manner as notices of violations
are required to be served hereunder.
