[Amended 4-10-1996 by Ord. No. 96-5]
A local Board of Health is hereby established in and for the
Borough of Kenilworth pursuant to the provisions of N.J.S.A. 26:3-1
et seq.
[Added 4-10-1996 by Ord.
No. 96-5]
A.
Members; terms.
(1)
The local Board of Health shall consist of seven members who shall
be appointed by the governing body. The terms of Board members shall
be for three-year, staggered terms.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Upon the adoption of this section, the governing body shall appoint
two members in addition to those already sitting. One member shall
be appointed for a term to expire on December 31, 1997, and one member
for a term to expire on December 31, 1998. Thereafter, all members'
terms shall be for three years, as hereinbefore provided.
B.
The governing body may appoint, in addition to the seven-member regular
Board, two alternate members. Alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2." The terms of alternate
members shall be for two years, except that the terms of the alternates
first appointed shall be two years for Alternate No. 1 and one year
for Alternate No. 2, so that the term of not more than one alternate
member shall expire in any one year.
C.
If any vacancy shall occur in the Board, the appointment to fill
such vacancy shall be made in the manner in which the original appointment
was made but for the unexpired term only.
D.
Any member of the Board, including an alternate member, may, after
public hearing if requested by the member, be removed by the governing
body for cause.
[Added 4-10-1996 by Ord.
No. 96-5]
Except as otherwise provided for herein, with regard to the
physician/dentist/chiropractor member, each member and alternate member
of the Board must be a resident of the Borough of Kenilworth and,
whenever feasible, shall be selected based on his or her education,
training and/or occupation, which shall fall within one or more of
the following categories:
[Added 4-10-1996 by Ord.
No. 96-5]
The Board of Health shall adopt rules and regulations for its
government and that of its officers and employees. The Board may also
adopt ordinances consistent with law and the State Sanitary Code.
[Added 4-10-1996 by Ord.
No. 96-5]
A.
The Board shall provide in its bylaws for the appointment/employment
of such personnel as it may deem necessary and as may otherwise be
required by law or administrative regulation. Any such duly appointed
officer or employee shall hold office during the term for which he
or she is appointed and shall not be removed except for cause and
after an opportunity has been given to him or her for a hearing.
B.
The Board shall not appoint any person as health officer, sanitary
inspector or any other officer permitted by law unless such person
holds the requisite state license and is otherwise qualified to hold
such office pursuant to N.J.S.A. 26:3-21.
[Added 4-10-1996 by Ord.
No. 96-5]
No health officer, inspector or employee holding a license issued
in the name of the State Department of Health, after five years' consecutive
service in such position, shall be removed from office or reduced
in pay or position, except for just cause and only after public hearing
as provided for by law.
[Added 4-10-1996 by Ord.
No. 96-5]
The Board shall have power to pass, alter or amend ordinances
and make rules and regulations in regard to the public health within
its jurisdiction pursuant to N.J.S.A. 26:3-31 et seq.
[Added 4-10-1996 by Ord.
No. 96-5]
The Board may delegate, by resolution, any of its powers to
any member of the Board, or to any officer thereof, which power shall
only be exercised when the Board is not in session. Notice by any
member or officer of the Board shall be notice by the Board, and the
person served therewith shall be bound thereby.
[Added 4-10-1996 by Ord.
No. 96-5]
The Board shall, each year before the budget of municipal taxes
to be levied for the year shall be determined, present to the governing
body an estimate of the appropriation the Board believes is necessary
for health purposes. The governing body shall appropriate the amount
of such estimate or such other amount as it may determine.
[Added 4-10-1996 by Ord.
No. 96-5]
A.
The Board may pass, alter or amend ordinances and make rules and
regulations to declare and define what shall constitute a nuisance
in all public and private places within its jurisdiction.
B.
The Board shall, within its jurisdiction, investigate and prohibit
any nuisance which may be known to the Board or brought to its attention
and shall cause the same to be removed and abated at the owner's expense.
C.
The power given to the Board pursuant to this section shall not depend
upon whether the Board has exercised its power to pass, alter or amend
ordinances in relation to the public health.
[Added 4-10-1996 by Ord.
No. 96-5]
A.
Where the Board determines a nuisance to exist on private property,
the Board shall notify the owner, in writing, by certified mail, to
remove and abate the same, within such time as the Board may specify.
A duplicate of the notice shall be left with one or more of the tenants
or occupants.
B.
In the case of a nuisance on public property, the Board shall give notice to the person officially in charge thereof. Such notice shall be made in the same manner as provided for in Subsection A of this section.
C.
If an owner resides out of state or cannot be readily notified, a
notice left at the house or premises with the tenant or occupant,
or posted on the premises, shall suffice.
[Added 4-10-1996 by Ord.
No. 96-5]
A.
If the owner or person notified, after proper notice, fails to abate
a nuisance, the Board may proceed to abate or cause to be abated such
nuisance, in a summary manner.
B.
The Board may recover, by a civil action, from any such person who
shall have caused or allowed such nuisance, the expenses incurred
in the removal and/or abatement of such nuisance. In the event that
the Board fails to recover an amount sufficient to defray such expenses
or shall deem it inexpedient to bring such an action, it may present
a bill, certified by the Board, or a majority thereof, for such part
thereof as may not have been recovered, to the governing body, and
it shall be audited and paid by the municipality in the same manner
as the bills for the ordinary current expenses of the municipality
are paid.
C.
Any expense to remove or abate a nuisance paid for directly by the
municipality shall, in the case of a private property owner, become
a lien against the property of the owner and shall be entered as such
on the tax records.
[Added 4-10-1996 by Ord.
No. 96-5]
The Board may, in lieu of proceeding in a summary manner to
remove or abate a nuisance, institute an action in the Superior Court,
in the name of the state, on relation of the Board, for injunctive
relief to prohibit the continuance of such nuisance and may recover
the costs of such action through the sale of the property upon which
the nuisance was located or from the person who caused the nuisance
or allowed it to continue.
[Added 4-10-1996 by Ord.
No. 96-5; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Unless otherwise provided for in this chapter, state law or regulation, the provisions of §§ 5-46 through 5-46.13 shall be enforced by summary proceedings in the Municipal Court. Unless otherwise provided by law, any person found to have violated the provisions of this §§ 5-46 through 5-46.13 may be subject to a fine not to exceed $500, imprisonment for a period up to 90 days, or both.
A.
Organization of Board; appointment and terms of members.
(1)
A Local Assistance Board is hereby established. Said Board may consist
of three or five members, as fixed by the Borough Council, and at
least one of them shall be a woman. One member of the Board shall
be a member of the Borough Council, and the term of such member shall
be for one year. The terms of the other members shall be as follows:
(2)
The term of each member of the Local Assistance Board shall begin
on the first day of January, and each member shall continue in office
until his successor shall be appointed and shall qualify. Vacancies
shall be filled for the unexpired term only.
(3)
The Local Assistance Board shall select a Chairperson and a Secretary
and shall appoint a Director of Welfare, who shall be the executive
and administrative officer of the Board and perform the duties specified
in the Laws of 1947, Chapter 156, Section 12 (N.J.S.A. 44:8-118),
and other provisions of general law and Borough ordinances.
(4)
The Director of Welfare shall hold office for a term of five years
from the date of appointment and shall be paid such salary as may
be fixed by such Board, subject to the approval of the Council. The
Director of Welfare shall make monthly reports to the Mayor and Council
and members of the Local Assistance Board.
B.
Powers and duties. The Local Assistance Board shall have the following
powers and duties:
(1)
To administer programs of assistance to needy persons in cooperation
with federal, state, county and municipal agencies.
(2)
To grant public assistance on a budget deficit basis for living expenses,
medical services and supplies, hospitalization, convalescent and dental
care and boarding care for children.
(3)
To provide social services for family adjustment and rehabilitation.
(4)
To participate in general community welfare interests, such as local
unemployment, child care and prevention of delinquency.
(5)
To maintain complete social case records, comply with state regulations
and make such reports and analyses of welfare problems and grants
as are necessary or desirable.
