Atlantic City, NJ Chapter 147 Heat and Heating Equipment

[HISTORY: Adopted by the City Council of the City of Atlantic City 1-4-1995 by Ord. No. 109-1994. This ordinance also repealed former Ch. 147, Heat and Heating Equipment, adopted 10-25-1979 by Ord. No. 67-1979, as amended. Amendments noted where applicable.]

GENERAL REFERENCES

Unfit buildings — See Ch. 108.

Occupancy permits — See Ch. 194.

Property maintenance — See Ch. 207.

§ 147-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGENT

The owner or the person in control of a property or person who is listed as the property manager on the property registration under § 194-1C but not the following:

[Added 6-5-1996 by Ord. No. 29-1996]

A. A real estate agent, including a realtor, a New Jersey licensed broker or a New Jersey licensed salesperson, who procures purchasers or tenants for a property on behalf of an owner; or

B. A person who acts as a repository for rents on behalf of the owner.

OWNER, LANDLORD, LESSOR or MANAGER (or words of similar import)

The person who owns, purports to own, or exercises control of any residential rental property.

[Added 6-5-1996 by Ord. No. 29-1996]

PUBLIC OFFICER

The Coordinator of Licensing and Inspections or the Chief of Code Enforcement the City of Atlantic City.

[Amended 1-27-2010 by Ord. No. 03-2010]

§ 147-2 Provisions in addition to other ordinances regulating similar subject matter.

The provisions of this chapter shall be in addition to the provisions of other ordinances regulating the maintenance of buildings and structures, health and safety.

§ 147-3 Adoption of statutory provisions.

The City of Atlantic City hereby adopts and enacts the provisions of N.J.S.A. 26:3-31, Subdivisions m and p, as amended; 40:48-2.12a and h et seq.; and 2A:42-85 et seq.

§ 147-4 Failure of owner or rental agent to maintain certain services considered nuisance.

It shall be a nuisance for the owners, lessors or rental agents of residential buildings designed to be occupied as residences by more than two families to fail to maintain the temperature requirements of N.J.S.A. 26:3-31, Subdivision m, as amended, or to fail to maintain essential services or to fail to correct any hazardous structural defects.

§ 147-5 Authority of public officer to supply heating fuel; restrictions.

Should the public officer find any residential unit to be in violation of § 147-4 of this chapter because of the lack of heating fuel and determine that the absence of heat is or may be detrimental to the health and safety of the tenants, the public officer may abate the nuisance by supplying heating fuel; provided, however, that a bona fide attempt has been made by the public officer to notify the owner, lessor or agent of the lack of heating fuel and the owner, lessor or agent has failed to supply heating fuel.

§ 147-6 (Reserved) [1]

[1] Editor's Note: Former § 147-6, Registration of owner, lesser or management required, was repealed 6-5-1996 by Ord. No. 29-1996.

§ 147-7 Notice.

[Amended 6-5-1996 by Ord. No. 29-1996]

The public officer shall notify the owner or agent of any building to which fuel, service, repairs or parts are supplied pursuant to this chapter of such action, and service of notice upon the owner or agent shall be sufficient notice. Where the owner or agent has failed to register the premises as required by § 194-1C of the City Code or to designate an agent living in Atlantic County or where such agent has been designated but cannot be found at the address given in the registration, notice shall be sufficient when posted upon the premises in a conspicuous place.

§ 147-8 Institution and operation of furnace, boiler and other equipment program.

The City of Atlantic City shall institute and operate a program of furnace, boiler or other equipment essential to the proper heating of any residential unit rented within the City of Atlantic City in accordance with the provisions of N.J.S.A. 26:3-31, Subdivision p, as amended, heretofore adopted, and the public officer is hereby designated to direct the program.

§ 147-9 Receivership action.

The public officer shall have the additional power to take steps necessary to start receivership action pursuant to N.J.S.A. 40:48-2.12h et seq. and 2A:42-85 et seq., which are made a part hereof, to further the provisions of this chapter.

§ 147-10 Oil-fired heating equipment service contract.

[Added 2-28-2001 by Ord. No. 4-2001]

A. All owners of residential rental property which contains oil-fired heating equipment (for example, boiler, furnace or hot-water heater) shall have contracted with an Atlantic City licensed mechanical contractor for a service contract providing for maintenance and repair of their equipment for the period of October 1 through May 1 of the following year. The owner or agent shall provide a copy of said contract to the Office of Code Enforcement no later than October 1 of each year.

B. Any such service contract shall be made part of the property filed in the event of equipment failure and the owner or agent cannot be contacted.

§ 147-11 Unlawful actions.

It shall be unlawful for the owner of any building or structure to fail to maintain heating temperatures or to fail to maintain essential services or to fail to correct hazardous structural defects in accordance with § 147-4 of this chapter, and it shall be unlawful for the owner of any building or structure to fail to make furnace, heater or essential heating equipment repairs when the outside temperature is less than 55° F. and the provisions of § 147-8 of this chapter have been complied with.

§ 147-12 Violations and penalties.

[Amended 6-5-1996 by Ord. No. 29-1996 11-25-2008 by Ord. No. 104]

A. Any person violating any of the provisions of this chapter declared to be unlawful shall, upon conviction in the Municipal Court of the City of Atlantic City, be punished for each offense by a fine of not less than $100 and not more than $2,000 and a period of community service for a term not to exceed 90 days.

B. Notwithstanding Subsection A of this section, an agent shall not be liable for a violation of this chapter if:

(1) Within seven business days of receiving notice of such violation, the agent sends written notice, together with a copy of the notice of violation, by regular and certified mail or personal delivery to the owner with a copy to the issuing agent, stating that such agent terminates the management function; or

(2) If such agent lacks written delegated authority and is without the funds generated from the property to remedy the violation; however, if the agent has the written delegated authority to remedy the violation and the funds generated from the property necessary to remedy the violation and fails to remedy the violation, then the agent shall be liable for such violation notwithstanding resignation by such agent pursuant to § 147-12B(1).

§ 147-13 Abatement of nuisance or correction of defects with municipal funds.

The Council of the City of Atlantic City, by resolution, may abate a nuisance, correct a defect or put any premises in violation of this chapter in condition as to comply with the requirements of this chapter at the cost of the owner or lessor and expend municipal funds for such purpose and charge the same against the premises, and the amount thereof along with administrative costs equal to 10% of the amount expended, as determined by the Council, shall be a lien against the premises. Such liens shall accrue interest at the annual rate of 18%. In the event that suit or litigation is undertaken, the full amount of the lien plus interest shall be recoverable along with all court costs and reasonable counsel fees.