This Code shall be referred to as the Matawan Health Code and
shall be enforced by the County Health Officer.
Whenever the County Health Officer 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 any hearing which would otherwise
be required under any provision of this Code.
a.
Power to Prevent the Sale of Food. The County Health Officer may
prohibit the importation into the Borough or the sale of any food,
drink or other item intended for human consumption or use from a source
suspected of being infected, contaminated, unsanitary, unhealthy or
dangerous.
b.
Powers to Seize and Destroy Unwholesome Food. The County Health Officer
may order the seizure and destruction of any food, drink or other
item intended for human consumption which is unwholesome or dangerous
or likely to cause sickness or injury to the persons who consume it.
The County Health Officer or his designee shall have the right
to inspect any premises in the Borough of Matawan if he has reason
to believe that any provision of this Health Code is being violated,
or as part of a regular program of inspection.
[1971 Code § BH2-10]
If the owner or occupant of any premises refuses to permit entry
for the purpose of inspection, the County Health Officer may apply
to the Judge of the Municipal Court for a search warrant. The application
shall be based upon an affidavit setting forth that the inspection
is part of a regular program of inspection or that conditions and
circumstances provide a reasonable basis for believing that a nuisance
or unsanitary or unhealthy condition exists on the premises. If the
Judge 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.
[1971 Code § BH2-11.3]
a.
Notice of Abate Nuisance.
1.
Whenever anything declared by this Code to be a nuisance or any unsanitary
or unhealthy condition is found on any premises within the Borough,
notice shall be given to the owner or person in control of the premises
to remove or abate it within the time specified in the notice.
2.
Whenever anything declared by this Code to be a nuisance or any unsanitary
or unhealthy condition is found on any public property, highway or
other public premises or place, notice shall be given to the person
in charge to remove or abate the same within the time specified. If
that person fails to comply with the notice within the time specified,
the County Health Officer or his designee may remove or abate such
nuisance or condition in the manner provided for a like condition
existing on a private premises or place.
b.
Abatement by County Health Officer.
If the owner or person in control of the premises, upon being
notified as provided by paragraph a above does not comply with the
notice within the time specified and fails to remove or abate the
nuisance or condition, the County Health Officer or his designee 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 shall be deemed proper.
c.
Recovery of Costs.
Whenever any cost or expense is incurred by the Borough as a
result of the County Health Officer abating or removing or causing
to be abated or removed any nuisance or unsanitary or unhealthy condition,
such costs and expense may be recovered in the following manner:
1.
In all cases where practical and permitted by law, such costs shall
be certified to the Borough Tax Assessor and shall be a part of the
taxes next assessed against the premises upon which the nuisance or
unsanitary or unhealthy condition was located.
2.
Where it is impossible or impractical to proceed under paragraph
(a), the cost or expense shall be recovered in an action at law in
any court of competent jurisdiction, the action shall be instituted
in the name of the Borough or ex rel the State of New Jersey.
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 section.
Any person violating any of the provisions of any chapter of
this Health Code shall, upon conviction thereof, pay a penalty of
not less than $5, nor more than $500 for each offense. Complaint shall
be made in the municipal court of the Borough or before another judicial
officer having authority under the laws of the State of New Jersey.
The court shall have the power to impose the other and additional
penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
Except as otherwise provided, each and every day in which a
violation of any of the provisions of any chapter of the Health Code
exists shall constitute a separate violation.
All fees and penalties collected under any provision of any
chapter of this Health Code shall be paid to the Borough Chief Financial
Officer.
