[Ord. No. 1-2022, 3/28/2022]
The provisions of this chapter are in addition to and not in
lieu of the requirements of other Township codes, regulations and
rules. Compliance with the provisions of this chapter shall not supersede,
abrogate or waive any requirement of any other code, regulation or
rule of the Township, which otherwise requires compliance.
[Ord. No. 1-2022, 3/28/2022]
1. Whenever the Health Officer determines that there are reasonable grounds to revoke a license issued pursuant to this chapter, including but not limited to repeated violations under §
12-1004 of this article or failure to correct cited violations, the Health Officer shall give notice of such intended revocation to the licensee, as hereinafter provided.
A. Such notice shall:
(2)
Include a statement of the reasons why it is being issued with
citation to the applicable provisions of this chapter.
(3)
Allow a reasonable time for the performance of any act it requires
for compliance.
(4)
Be served upon the licensee and the occupant of the licensed
premises, provided that such notice shall be deemed to be properly
served upon such licensee or upon such occupant if a copy thereof
is served upon personally or if a copy thereof is sent by registered
mail to the last known address or if a copy thereof is posted in a
conspicuous place in or about the licensed premises by the notice
or if notice is served with such notice by any other method authorized
or required under the provisions of this chapter.
B. Such notice may contain any outline of remedial action which, if
taken, will affect compliance with the provisions of this Health Code
and with rules and regulations adopted pursuant thereto.
2. Any person affected by any notice which has been issued in connection
with this section, 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 that such person shall file in the office
of the Health Officer 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why such notice should be modified or withdrawn.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
Health Officer may postpone the date of the hearing for a reasonable
time beyond the ten-day period if in his judgment the petitioner has
submitted a good and sufficient reason for such postponement.
3. 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 of the rules and regulations adopted pursuant
thereto have been complied with. If the chapter sustains or modifies
such notice, it shall be deemed to be an order. Any notice served
pursuant to this section shall automatically become an order if a
written petition for a hearing is not filed in the office of the Health
Officer within 10 days after such notice is served.
4. 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 Health Officer.
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 appropriate relief therefrom in any
court of competent jurisdiction.
[Ord. No. 1-2022, 3/28/2022]
Notwithstanding anything in this section or chapter, whenever
the Health Officer finds that an emergency exists which requires immediate
action to protect the public health, he may, without notice or hearing,
issue a temporary order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary to meet
the emergency. The duration of such action shall be spelled out in
the temporary order.
[Ord. No. 1-2022, 3/28/2022]
For all other violations of this chapter, any person, firm,
or corporation who shall violate the provisions of this article shall,
upon being found liable therefor in a summary enforcement proceeding
commenced by the Township before the Magisterial District Justice,
pay a fine of up to $1,000 for each violation. A separate offense
shall arise for each day or portion thereof in which the violation
of this chapter is found to exist and for each section of the chapter
which is found to be violated. Violators shall also be found responsible
for court costs and reasonable attorney's fees of the Township,
as permitted by law.