Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Byram 8-17-1971 as Ch. BH-II of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health created — See Ch. 25.
General penalty — See Ch. 245, Art. II.
This chapter shall be known and may be cited as the "Administrative Code of the Board of Health of the Township of Byram" and is herein referred to as "the code."
[Amended 3-5-1990 by Ord. No. 6-1990]
There shall be a Chairman of the Board of Health who shall preside at all its meetings. The Chairman shall be appointed by the Board of Health from among its members for a term of one year.
[Amended 12-16-1985]
There shall be a Secretary of the Board of Health who shall be responsible to the Board and who shall record the minutes of all meetings of the Board. The Secretary shall be appointed by the Board for a term of one year.
[Amended 12-16-1985]
There shall be a Registrar of Vital Statistics who shall be appointed in accordance with the general Administrative Code of the Township of Byram.[1]
[1]
Editor's Note: See Ch. 3, Administration of Government.
[Amended 12-16-1985]
There shall be a Health Officer of the Board of Health who shall be responsible to the Board of Health and to the head of the Department of Planning and Development. The Health Officer shall hold the necessary license and shall be appointed by the head of the Department of Planning and Development for a term of one year. The Health Officer shall, subject to the supervision of the Board and the head of the Department of Planning and Development, be the general agent of the Board for the enforcement of its ordinances and the sanitary laws of the State of New Jersey.
There shall be, when appointed by the Board, special health officers of the Board of Health who shall promptly report to the Board every violation of health ordinances, rules and regulations which may come within their observation or knowledge. The police and fire officers of the Township of Byram may be designated special health officers of the Board of Health.
[Amended 12-16-1985]
There shall be a Plumbing Inspector of the Board of Health who shall be responsible to the Board and the head of the Department of Planning and Development. The Plumbing Inspector shall be appointed by the head of the Department of Planning and Development for a term of one year.
Subject to the concurrence and approval of the head of the Department of Planning and Development, the Board may employ such other personnel as it may deem necessary, including technicians, inspectors and others necessary to carry out the powers vested in the Board by law and by this chapter. All such personnel shall, when required, be appropriately licensed.
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 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 Health Officer may prohibit the importation into the Township 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. 
Power to seize and destroy unwholesome food. The 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.
A. 
Inspection of premises. The Board of Health, its agents and employees shall have the right to inspect any premises in the Township of Byram if it or they have reason to believe that any provision of this Part III is being violated or as part of a regular program of inspection.
B. 
Search warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Board 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.
A. 
Notice to abate nuisance.
(1) 
Whenever anything declared by this Part III 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, not fewer than five days from the date of service in the notice.
(2) 
Whenever anything declared by this Part III 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 Board of Health or its agents or employees 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 Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its 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.
C. 
Recovery of costs.
(1) 
Whenever any cost or expense is incurred by the Township as a result of the Board of Health, its agents or employees 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:
(a) 
In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located.
(b) 
Where it is impossible or impractical to proceed under Subsection C(1)(a), the cost or expense shall be recovered in an action at law in any court of competent jurisdiction; the action shall be instituted by the Board of Health in the name of the Township or ex rel the State of New Jersey.
(2) 
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 Part III.[1]
[1]
Editor's Note: Penalties for violating any provisions of this Part III may be found in Ch. 245, § 245-14.
The Board of Health may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation shall be inconsistent with, alter or amend any provision of this chapter 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 chapter.[1]
[1]
Editor's Note: Original Section BH:2-13, Advisory Powers of Board of Health, added 12-16-1985 to follow this section, was repealed 3-5-1990 by Ord. No. 6-1990.