[HISTORY: Adopted by the Township Council of the Township of West
Milford as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 19-1 of the 1976 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
Natural or prepared food, beverages and all other items intended
for human consumption.
Any person having any interest, legal or equitable, either alone
or in combination with others, in any premises.
Any person responsible for the maintenance and upkeep of any premises,
whether as tenant, lessee or occupant, or as agent of any of them or as agent
of an owner or otherwise.
Any building, structure, lot of land or part thereof.
A.
Whenever anything declared by this article to be a nuisance
or any unsanitary or unhealthy condition is found on any premises within the
Township, notice shall be given to the owner or person in control of the premises
to remove or abate it within the time specified but not less than five days
from the date of service.
B.
Whenever anything declared by this article to be a nuisance
or any unsanitary or unhealthy condition is found on any public property or
on any 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 the owner or person in control of the premises upon being notified
does not comply with the notice within the time specified and fails to remove
or abate the nuisance or condition, the Health Officer 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 shall be deemed proper.
A.
Whenever any cost or expense is incurred by the Township
as a result of the Health Officer, 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 permitted by law, such costs may be
certified to the Tax Collector and shall be a part of the taxes next assessed
upon the premises upon which the nuisance or unsanitary or unhealthy condition
was located.
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 article.
Notice required by the provisions of this article shall be in writing
and shall be given to all the persons affected by it. Notice shall be served
personally upon the person affected or by leaving a copy at his usual or last
known place of abode or by mailing it to him at his usual or last known place
of abode. Where the notice relates to any premises, a duplicate of it shall
be left with one or more of the tenants or occupants. If the owner of the
premises in question cannot be notified speedily, notice may be given by leaving
it with one of the tenants or occupants by posting it in a conspicuous place
on the premises.
Whenever the 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:
A.
Power to prevent the sale of food. The Health Officer
may prohibit the importation into the Township or 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.
Power to seize and destroy unwholesome food. The Health
Officer may order the seizure and destruction of any unstamped meat and of
any food, drink or other item intended for human consumption which is unwholesome
or dangerous or likely to cause sickness or injury to persons who consume
it.
C.
Suspension of licenses. The Health Officer may suspend
temporarily the license of any person required to be licensed by any of the
provisions of this article if he finds that the licensed activity is being
conducted in such manner as to endanger the health or safety of the public.
The Health Officer, his agents and employees shall have the right to
inspect any premises in the Township if they have reason to believe that any
provision of this article is being violated or as part of a regular program
of inspection.
If the owner or occupant of any premises refuses to permit entry for
the purpose of inspection, the Department of Health may apply to the Municipal
Judge 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.
The Health Officer shall have the power to make whatever written rules
and regulations he may decide are necessary for the proper administration
and enforcement of this article, but no rule or regulation shall conflict
with or in any way alter, amend or supersede any of the provisions of this
article.
The Health Officer shall enforce the provisions of this article.
There shall be, when appointed by the Council, special health reporting
officers who shall promptly report to the Department every violation of health
ordinances, rules and regulations which may come within their observation
or knowledge. The police and fire officers and members of the Department of
Health of the Township may be designated special health reporting officers.
[Adopted as Sec. 19-12 of the 1976 Revised General Ordinances]
A code defining and prohibiting certain matters, things, conditions
or acts and each of them as a nuisance, prohibiting certain noises or sounds,
requiring the proper heating of apartments, prohibiting lease or rental of
certain buildings, prohibiting spitting in or upon public buildings, conveyances
or sidewalks, authorizing the inspection of premises by an enforcement official,
providing for the removal or abatement of certain nuisances and recovery of
expenses incurred by the Health Department in removing or abating such nuisances
and prescribing penalties for violations is hereby established pursuant to
N.J.S.A. 26:3-69 to 26:3-69.6. A copy of the code is annexed hereto and made
a part hereof without the inclusion of the text herein.
The code established and adopted by this article is described and commonly
known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code (1953) have been placed
on file in the office of the Township Clerk for the use and examination of
the public.
