[Amended 2-9-98 by Ord. No. 98-4]
[Amended 9-30-74 by Ord. No. 74-1-Z; 2-9-98 by Ord. No. 98-4]
Department generally. There shall be a Department of Health
and Welfare, the head of which shall be the Director, who shall also
be the Health Officer. The Department shall include the divisions
of Health and Welfare.
[Amended 12-28-92 by Ord. No. 92-54]
Within the Department there shall be a Division of Health, the
head of which shall be the Health Officer. The Division shall:
A.
Have all of the functions, powers and duties of a local board of
health, except that as required by the charter, the Council shall
have and exercise all local legislative powers of a local board of
health.
B.
Plan and administer a comprehensive public health program, including,
but without limitation thereto, environmental sanitation, communicable
disease control, child and adult health and health education, laboratory
services and any other services as may be authorized by the charter
or ordinance and prescribed in Recognized Public Health Activities
and Minimum Standards for Performance for Local Health Departments
in New Jersey, promulgated by the Public Health Council of the New
Jersey Department of Health.
C.
Supervise the collection and disposal of garbage and refuse in the
Township.
[Amended 2-25-80 by Ord. No. 80-218; 10-25-04 by Ord. No. 04-19]
There shall be an Advisory Health Council consisting of fourteen
(14) citizens, one of which shall preferably be a physician and one
shall be a Member Emeritus. The members of the Advisory Health Council
shall be appointed by the Mayor with the advice and consent of the
Township Council for staggered terms of three years. Vacancies shall
be filled for the remainder of the unexpired term. The Health Officer
shall be a voting member and shall serve as Secretary of the Advisory
Health Council and shall prepare and complete all files and minutes
of all meetings. For budget, personnel and purchasing purposes, the
Advisory Health Council is allocated and assigned to the Division
of Health. The Advisory Health Council shall have the following duties:
A.
To make recommendations to the Health Officer and Mayor concerning
or relating to the operation and administration of the Division of
Health.
B.
To make recommendations to the Council concerning or touching upon
matters of policy or ordinances affecting the Division of Health.
C.
Whenever an appeal is made to the Mayor from a ruling of the Health
Officer, the Mayor may convene the Advisory Health Council for the
purpose of soliciting its advice regarding a decision on the appeal.
In such cases, the opinion of the Advisory Health Council shall be
advisory in nature only, and the Mayor shall make his individual decision
on the matter after receiving the advice of the Advisory Health Council.
In cases where appeals are made to the Mayor, he shall set a date
for the hearing of the Advisory Health Council within fourteen (14)
days after receiving the written request and shall render his decision
within 10 days after completion of the hearing.
Within the Department there shall be a Division of Welfare,
the head of which shall be the Local Assistance Board appointed pursuant
to law (N.J.R.S. 44:8-1 et seq.). The Director of Welfare, under the
supervision of the Board, shall:
Editor's Note: N.J.R.S. 44:8-1 through 44:8-31 were repealed
by P.L. 1940, c. 183; however, Section 1 of P.L. 1940, c. 180, provided
for the continuance of Boards created pursuant to the repealed statutory
provisions.
A.
Administer laws and ordinances relating to relief of the needy, including
the furnishing of all forms of public assistance to needy persons
who are eligible for assistance provided by law through county and
state agencies.
B.
Provide or arrange for shelter and custodial care of dependent and
homeless men and women.
C.
Enter into and perform cooperative agreements with voluntary charitable
organizations and services to effectuate its other functions under
this section.
D.
Provide related social services, such as domestic relations counseling,
investigation of paternity cases, indigent burials and other public
welfare activities.
E.
Cooperate with other public agencies and institutions and with voluntary
institutions in the certifications of medically indigent patients
for care and treatment.
[Amended 8-14-78 by Ord. No. 78-49]
There shall be a Local Assistance Board consisting of five members,
one of whom shall be a woman. The members shall be appointed by the
Mayor with the advice and consent of the Council. They shall serve
without compensation but shall be allowed their actual expenses. One
(1) member shall serve for one year and he may also be a member of
the Council. The other members shall serve for four-year staggered
terms beginning the first day of January. Vacancies shall be filled
for the balance of the unexpired term.
[Added 5-29-73 by Ord. No. 73-1-V; amended 8-26-74 by Ord. No. 74-192; 1-28-91 by Ord. No. 91-6; 2-9-98 by Ord. No. 98-4]
This section was deleted on 2-9-98 in its entirety by Ord. No.
98-4. See new section, § 3-55(O.), Department of Planning
and Engineering.
[Added 12-27-67 by Ord. No. 67-99]
A.
Emergency powers of the Director of the Department of Health, Environment
and Welfare. Whenever the Director of the Department of Health, Environment
and Welfare 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 a hearing which would otherwise be required under any provision
of this chapter.
(1)
Power to prevent the sale of food. The Director of the Department
of Health, Environment and Welfare may prohibit the importation, storage
or sale of any food, drink or other items intended for human consumption
or use from a source suspected of being infected, contaminated, unsanitary,
unhealthy or dangerous.
(2)
Power to seize and destroy unwholesome food. The Director of the
Department of Health, Environment and Welfare may order the seizure
and destruction of any food, drink or other items intended for human
consumption or use which are unwholesome or dangerous or likely to
cause sickness or injury to the persons who consume or use it.
(3)
Suspension of licenses. The Director of the Department of Health,
Environment and Welfare may temporarily suspend the license of any
person required to be licensed by any of the provisions of this chapter
if he finds that the licensed activity is being conducted in such
a manner as to endanger the health or safety of the public. During
the period of suspension, the Director may take such action as he
deems necessary to prevent the operation of the licensed activity,
including but not limited to impounding items intended for human consumption,
merchandise, supplies and equipment necessary to carry on the licensed
activity and posting and padlocking the premises. Any suspension imposed
under the authority granted by this section shall only be effective
until a hearing can be held after proper notice.
B.
Right of entry.
(1)
Right of entry to inspect premises. The Director of the Department
of Health, Environment and Welfare, his agents and employees shall
have the right to inspect any premises in the Township of East Brunswick
if they have reason to believe that any of the provisions of any Township
ordinances are being violated or as part of any regular program of
inspection.
(2)
Search warrant. If the owner or occupant of any premises refuses
to permit entry for the purpose of inspection, the Director of the
Department of Health, Environment and Welfare may apply to the Magistrate
of the Township of East Brunswick or any other court of competent
jurisdiction for a search warrant. The application shall be based
upon an affidavit setting forth that the inspection is part of a regular
program of inspections or that conditions and circumstances, which
shall be specified in the affidavit, exist which provide a reasonable
basis for believing that a nuisance, unhealthy or unsanitary condition
or violation of any provisions of this chapter exists on the premises.
If the Magistrate 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.
C.
Abatement of nuisances.
(1)
Notice to abate nuisance. Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Township of East Brunswick, notice as provided for in Subsection C(4) shall be given to the owner or person in control of the premises to remove or abate it within the time specified.
(2)
Abatement by Director of the Department of Health, Environment and
Welfare. In the event of an emergency or in the event that the owner
or person in control of the premises fails to comply with the notice
within the time specified, or otherwise fails to remove or abate the
nuisance or condition, the Director of the Department of Health, Environment
and Welfare or his agents or employees shall proceed to abate the
nuisance or condition or may cause it to be removed or abated in a
summary manner by such means as he shall deem proper.
(3)
Recovery of costs.
(a)
Whenever any cost or expense is incurred by the Township of
East Brunswick as a result of the Director of the Department of Health,
Environment and Welfare, his agents or employees abating or removing
or causing to be abated or removed any nuisance or unsanitary or unhealthy
condition, such costs and expenses may be recovered in the following
manner:
[1]
In all cases where practical and permitted by law, such costs
shall be certified to the Division of Revenue and shall be a part
of the taxes next assessed upon the premises upon which the nuisance
or unsanitary or unhealthy condition was located.
[2]
Where the Township is not permitted by law or it is impractical to proceed under Subsection C(3)(a)[1], the cost or expense shall be recovered by an action at law in any court of competent jurisdiction, which action shall be instituted by the Director of the Department of Health, Environment and Welfare in the name of the Township.
(b)
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 chapter.
(4)
Manner of giving notice. Where the owner resides in the Township
or in the case of a tenant, written notice shall be served by delivering
a copy to him personally; or by leaving a copy thereof at his dwelling
house or usual place of abode with some competent member of his family
of the age of fourteen (14) years or over then residing therein; or
by delivering a copy thereof to a person authorized by appointment
or by law to receive service of process on his behalf. Where the owner
resides outside the Township or where the resident owner cannot be
served as set forth above, written notice shall be mailed to the owner
by certified mail at his last known address as shown on the tax records
of the Township, and a copy of the notice shall be posted in a conspicuous
place on the premises. Where the violation is against a tenant and
he cannot be served as set forth above, it shall be sufficient to
post a copy of the notice in a conspicuous place on the demised premises.
Notwithstanding the provisions for written notice set forth above,
in the event of an emergency, the Director of the Department of Health,
Environment and Welfare or his duly authorized agents or employees
may give such oral and/or limited notice as circumstances may permit.
"Emergency" shall mean any condition which, in the opinion of the
Director of the Department of Health, Environment and Welfare, constitutes
an immediate danger to the health, safety or welfare of the general
public or any inhabitant of the Township.
D.
Power to make rules and regulations. The Director of the Department
of Health, Environment and Welfare may make rules and regulations
which interpret or amplify any provision of this section or for the
purpose of making the provisions of this section more effective. No
regulation, however, shall be inconsistent with or alter or amend
any provision of this section, 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 this
section.
[Added 5-9-11 by Ord. No. 11-09]
(1)
Retail
food establishment re-inspections fee: $50.
(2)
Retail
food establishment initial plan review fee: $75.
(3)
Fees
are payable to the Middlesex County Public Health Department within
10 business days of the re-inspection or plan review.
(4)
Failure
to pay the fee within 10 working days will result in a court summons
with fines as follows:
First Penalty: $100.
Second Penalty: $200.
Third and Subsequent Penalties: $400.
The fees and any subsequent court costs will be in addition
to the fines set forth for violations of this ordinance.
