[HISTORY: Adopted by the Board of Health of the Township
of Jackson 10-18-1966 by Ord. No. 4-66H (Ch. 117 of the 1972
Code). Amendments noted where applicable.]
The Sanitarian and/or Health Officer of the Board of Health
is hereby designated as the officer to exercise the powers prescribed
by the within chapter, and he shall serve in such capacity without
any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946, as amended
(N.J.S.A. 40:49-5.1), the "Private Campgrounds Code," as approved
by the Department of Health and the Department of Conservation and
Economic Development and filed in the Secretary of State's office,
is hereby accepted, adopted and established as a standard to be used
as a guide in determining whether campground dwellings, as well as
their facilities, located in this municipality, are safe, sanitary
and fit for human habitation and rental. A copy of the Private Campgrounds
Code is annexed to this chapter, and three copies of the same have
been placed on file in the office of the Board of Health and are available
to all persons desiring to use and examine the same.
The Sanitarian and/or Health Officer is hereby authorized and
directed to make inspections to determine the condition of camp dwellings
as well as their facilities located within the Township of Jackson,
in order that he may perform his duty of safeguarding the health and
safety of the occupants of camp dwellings as well as their facilities
and of the general public. For the purpose of making such inspections,
the Sanitarian and/or Health Inspector is hereby authorized to enter,
examine and survey at all reasonable times all camp dwellings as well
as their facilities. The owner or occupant of every camp dwelling
as well as its facilities, or the person in charge thereof, shall
give the Sanitarian and/or Health Officer free access to such camp
dwelling as well as its facilities at all reasonable times for the
purpose of such inspection, examination and survey. Every occupant
of a camp dwelling shall give the owner thereof or his agent or employee
access to any part of such camp dwelling as well as its facilities
at all reasonable times for the purpose of making such repairs or
alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
A.
Whenever the Sanitarian and/or Health Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he shall give notice of such alleged violation to
the person or persons responsible therefor as hereinafter provided.
(1)
Such
notice shall:
(a)
Be put in writing;
(b)
Include a statement of the reasons why it is being issued;
(c)
Allow a reasonable time for the performance of any act it requires;
and
(d)
Be served upon the owner or his agent, or the occupant, as the case
may require, provided that such notice shall be deemed to be properly
served upon such owner or agent or upon such occupant if a copy thereof
is served upon him personally, of if a copy thereof is sent by registered
mail to his last known address, or if a copy thereof is posted in
a conspicuous place in or about the dwelling affected by the notice,
or if he is served with such notice by any other method authorized
or required under the laws of this state.
(2)
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Board of Health, provided such
person shall file in the office of the Board of Health a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition the Board of Health shall set a time
and place for such hearing and shall give the petitioner written notice
thereof. At such hearing the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Board of Health may postpone the date of the hearing
for a reasonable time beyond such ten-day period if in its judgment
the petitioner has submitted a good and sufficient reason for such
postponement. After such hearing, the Board of Health shall sustain,
modify or withdraw the notice, depending upon its findings as to whether
the provisions of this chapter and the rules and regulations adopted
pursuant thereto have been complied with. If the Board of Health sustains
or modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this chapter shall automatically become an order
if a written petition for a hearing is not filed in the office of
the Board of Health within 10 days after such notice is served. The
proceedings at such hearing, including the findings and decision of
the Board of Health, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Board of Health.
Such record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Board of Health may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
C.
Whenever the Sanitarian and/or Health Officer finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Board of Health, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon its findings as to whether the provisions of this chapter and
of the rules and regulation adopted pursuant thereto have been complied
with, the Board of Health shall continue such order in effect, modify
it or revoke it.
The Sanitarian and/or Health Officer is hereby authorized and
empowered to make and adopt such written rules and regulations as
he may deem necessary for the proper enforcement of the provisions
of this chapter; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter nor in
anywise alter, amend or supersede any of the provisions thereof. The
Sanitarian and/or Health Officer shall file a certified copy of all
rules and regulations which he may adopt in his office and in the
office of the Board of Health.
No person shall occupy as owner-occupant or rent to another
for occupancy any camp dwelling, as well as its facilities, for the
purpose of living therein, which does not conform to the provisions
of the Private Campgrounds Code established hereby as the standard
to be used in determining whether a camp dwelling is safe, sanitary
and fit for human habitation.
[Amended 12-21-1972 by Ord. No. H3-72]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not less than two $2 nor more than $500; and each violation
of any of the provisions of this chapter, and each day the same is
violated, shall be deemed and taken to be a separate and distinct
offense.
