[HISTORY: Adopted by the Board of Health of the Borough of Palisades
Park 11-13-2001 by Ord. No. 2001-2. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any individual licensed by the State of New Jersey to perform the
duties of a Registered Environmental Health Specialist and in the employ of
the local Board of Health.
Any individual licensed by the State of New Jersey to perform the
duties of a Health Officer and in the employ of the local Board of Health.
A.
Whenever the Health Officer or his duly licensed authorized
agent shall determine that there exists a violation of the New Jersey State
Sanitary Code or New Jersey State Health Laws or local health ordinance or
State of New Jersey DEP, said officer or agent shall issue a notice of violation
and order to terminate directing the discontinuance of the illegal action
or condition and the correction of the violation.
B.
The notice and orders shall contain at least the following
information:
(1)
The name and address of owner.
(2)
The address at which the violation occurred.
(3)
The name and address of the person to whom the order
is directed.
(4)
If it be other than the owner, a copy shall be delivered
to the owner or his agent stating that the owner bears joint responsibility
for bringing about compliance with the person named.
(5)
A citation to the sections of the law, ordinance or regulations
violated.
(6)
An order to terminate violations within a time specified
in the order.
(7)
The amount of penalty assessed if any, and cumulative.
(8)
An explanation of the method of computation.
(9)
Shall be signed by the appropriate Health Official.
C.
The Health Officer shall permit such time period for
correction as is reasonable within the context of the situation.
D.
Extensions. The Health Officer may grant extensions of
time whenever he shall determine that, despite diligent effort, compliance
cannot be accomplished within the time specified in the notice.
A.
If the notice of violation and orders to terminate have
not been complied with, the Health Officer, in addition to any other available
remedies likely to bring about compliance, may request the legal counsel of
the municipality to institute the appropriate processing at law or in equity
to retain, correct, or abate such violations.
B.
Penalties.
(1)
Any person or corporation, or anyone, shall be subject
to a penalty of not more than $1,000 but not less than $100, if that person
violates any provision of this chapter or fails to comply with an order issued
by the Health Official.
(2)
Anyone who knowingly refuses entry or access to the Health
Officer or an inspector lawfully authorized to inspect a premises, building
or structure pursuant to the laws cued in this chapter, or who unreasonably
interferes with such an inspection shall be subject to a fine of $1,000.
(3)
A person shall be guilty of a separate offense for each
day that he or she fails to comply with a notice of violation order validly
issued by a duly authorized Health Official.
(4)
A person shall be guilty of a separate offense for each
violation of any provision of the laws cited in this chapter.
(5)
No such penalty shall be assessed except upon notice
of violation and orders to terminate and upon expiration of the time period
delineated in the notice.
(6)
The Health Official may separately serve a notice of
penalty assessment and order to pay a penalty whenever he or she shall not
have done so in the original notice and orders.
(7)
The Health Official shall assess a monetary penalty whenever
such shall be likely to assist in bringing about compliance. The penalty shall
be no less than $100 nor more than $1,000 for each violation. All penalty
assessments shall be made payable to the Board of Health and sent or delivered
in person to the clerk of the Department of Health.
(8)
Penalties pursuant to this chapter may be collected in
a summary proceeding pursuant to the "Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.) Jurisdiction to enforce such penalties is conferred upon judges of
the Municipal Court in addition to the courts specified by N.J.S.A. 2A:58-2.
Suit may be brought by a municipality or the State of New Jersey. Payment
of a money judgement pursuant hereto shall be remitted in the case of suit.
(9)
All previous penalties in all ordinances heretofore passed
by the Board of Health are hereby superceded and repealed.
The Health Officer shall be the enforcement officer of this chapter.
The Health Officer may delegate enforcement authority to a duly authorized
representative.
