[HISTORY: Adopted by the Board of Health of the Township
of Mendham as indicated in article histories. Amendments noted where
applicable.]
[An ordinance adopting Part IV of the Code of the Township of Mendham and making certain substantive changes to existing ordinances of the Township is presently proposed before the Board of Health. Upon final adoption, it will be included here as Article I of this chapter.]
[Adopted as Secs. BH:1-2, BH:1-4 through BH:1-6 of 1998 Revised
General Ordinances]
A.Â
Words and terms used in New Jersey Statutes, rules and regulations and terms used in Chapters 350 through 397 and any amendments and/or supplements thereto shall have the meaning set forth therein. Otherwise, words and terms shall have their ordinary meaning unless the context clearly indicates otherwise.
C.Â
The time within which an act is to be done shall be computed by excluding
the first and including the last day and if the last day is a Sunday,
a legal holiday, or a day on which the Township offices are closed,
that day shall be excluded.
In the event that a particular chapter of the Code of the Board
of Health of the Township of Mendham, as amended and/or supplemented,
does not contain a provision relating to appeals from actions by the
Board of Health taken pursuant to that chapter, then any person who
claims to be aggrieved by any action of the Board or by any action
of any representative of the Board shall have the right to appeal
to the Board by filing with the Secretary of the Board a written request
for hearing which specifies the action which is the subject of the
complaint. Such request shall be filed within 20 calendar days after
the appellant receives notice of the action which is the subject of
the complaint. The Board shall schedule a hearing on the matter to
be held no more than 30 calendar days after the filing of the request,
and notice of the hearing shall be mailed to the appellant by regular
and certified mail. Within 10 calendar days after the completion of
the hearing, the action complained of shall be affirmed, modified
or reversed by resolution of the Board, which shall set forth findings
and conclusions with respect to the disposition of the appeal. A certified
copy of the resolution shall be mailed to the appellant by regular
and certified mail, and certified copies shall also be furnished to
all Board of Health and Township personnel whose action may be affected
by the Board determination.
A.Â
In the event that a particular chapter of the Code of the Board of
Health of the Township of Mendham, as amended and/or supplemented,
does not contain a penalty provision or in the event that no penalty
is provided for the violation of a state statute, rule or regulation
which the Board has the power or responsibility to enforce, then there
is hereby established a minimum penalty of $5 and a maximum penalty
of $500 for any violation of any of the foregoing, and the amount
of the penalty to be imposed between the maximum and minimum in a
particular case shall be left to the discretion of the court.
B.Â
Each and every day that a violation continues shall be considered
as a separate offense.
C.Â
Proceedings for violation shall be made in the Township Municipal
Court, which shall have the power to impose additional penalties as
set forth in N.J.S.A. 26:3-77 and 26:3-78.
D.Â
If authorized by state law, rules or regulations, the Board of Health
may refer any violation to the New Jersey Department of Environmental
Protection for the assessment of penalties pursuant to applicable
law, rules or regulations.
All fees and penalties collected or received by the Board of
Health shall be paid to the Township Treasurer.
