Except as otherwise provided in this chapter,
persons shall be in violation of this code if they:
A.
Do or commit any act prohibited by the terms of this
code.
B.
Do or commit any act for which a license is required
without having secured and being in possession of a valid license,
permit or certificate at the time of the doing or commission thereof.
C.
Omit to do or perform any act required by them to
be so done or performed by this code.
D.
Maintain any place, establishment, vehicle, conveyance,
equipment or article in violation of any of the provisions thereof.
E.
Violate any of the provisions of any of the several
articles or sections thereof.
F.
Fail to maintain any condition, equipment or facility
required therein to be maintained.
G.
Fail to install any article of a particular type,
kind, quality or specification where such installation is required.
The provisions of this chapter are adopted pursuant
to the Board of Health recommendations. The members of the Board of
Health or such other person or officer designated by the Board of
Health shall be responsible for the enforcement of this chapter.
Emergency inspections may be authorized without
warrant if the Health Officer has reason to believe that a condition
exists which poses an immediate threat to life, health and safety.
Such procedure shall only take place where the time taken to apply
for and secure the issuance of a warrant would render ineffective
the immediate action necessary to abate the condition.
Emergency inspections may also be authorized
by the Governor in times of air pollution emergencies in accordance
with N.J.S.A. 26:2C-26 et seq.
Where the Health Officer or his agent is refused
entry or access or is otherwise impeded or prevented by the owner,
occupant or operator from conducting an inspection of the premises,
such persons shall be in violation of this code and subject to penalties
hereunder.
The Health Officer may, upon affidavit, apply
to the Judge of the Palisades Park Municipal Court for a search warrant,
setting forth factually the actual conditions and circumstances that
indicate that violations of the code may exist on the premises. If
the Judge of the Palisades Park Municipal Court is satisfied as to
the matter set forth in said affidavit, the Judge shall authorize
the issuance of a search warrant permitting access for an inspection
of that part of the premises on which the nuisance or violation may
exist.
In the event that any violation of this code
shall also be a violation of the New Jersey State law for which a
greater penalty or judgment is provided than that contained in this
code, the Municipal Magistrate or Trial Judge before whom any complaint
is brought based upon such violation shall, in his discretion, have
the right to impose, in the place and in lieu of any penalty provided
for herein, that penalty so provided for in the New Jersey State law
which has been so violated.
Every act herein designated as being unlawful
is hereby prohibited, and every act herein expressly prohibited is
hereby designated as being unlawful.
