[HISTORY: Adopted by the Board of Health of the Township
of Mount Olive 12-3-1981 by Ord. No. B-3-81 (Ch. 287 of the 1990
Code). Amendments noted where applicable.]
A.
In any building designed to be occupied, or occupied, as residences
by more than two families and in which the owners have agreed to supply
heat, the heat supply shall be as follows:
(1)
From October 1 of each year to the following May 1, every unit of
dwelling space and every habitable room therein shall be maintained
at least at 68° F. when the outside temperature falls below 55°
F. during daytime hours from 6:00 a.m. to 11:00 p.m.
[Amended 10-4-1990 by Ord. No. B-8-90]
(2)
At times other than those above specified, the dwelling space shall
be maintained at least at 55° F. whenever the outside temperature
falls below 40° F.
B.
The owner shall not be responsible for heat loss and the subsequent
drop in the interior temperature arising out of action by the occupant
in leaving windows and doors open to the exterior of the building.
C.
For the purposes of this section, wherever a building is heated by
means of a furnace, boiler or other apparatus under the control of
the owner, agent or lessee, the owner, agent or lessee shall be deemed
to have undertaken to furnish heat in accordance with the provisions
of this chapter.
D.
The owner shall not be required to supply fuel or energy for heating
purposes to any unit where the occupant agrees, in writing, to supply
heat to his own unit of dwelling space and his unit is served by its
own heating equipment for which the source of heat can be separately
computed and billed.
A.
Violations of § 419-1 shall be reported to the Health Officer by means of a complaint made in writing. Such complaint shall include an affidavit by the tenant that a bona fide attempt has been made by him to notify the landlord of the failure of the heating equipment, that the landlord has failed to take appropriate action and that the outside air temperature is less than 55° F.
B.
If 24 hours have elapsed since the lodging of a complaint pursuant to Subsection A and the heating equipment has not been restored to the standards required in this chapter, then the Health Officer shall be empowered to act as agent for the owner in the engaging of repairmen and the ordering of any parts necessary to restore to operating condition the furnace, boiler or other equipment essential to the proper heating of any residential unit covered by this chapter.
C.
In addition to the remedy set forth in Subsection B, the Health Officer shall be empowered to make immediate provision of temporary heat to any residential unit covered by this chapter, as a health protection measure, including but not limited to the rental of space heaters on a temporary basis. The cost of such temporary heat supply shall be reimbursed to the Township by the owner.
A.
Any person who supplies material or services in accordance with this
chapter shall bill the landlord directly and, by filing a notice approved
by the Board of Health with the County Clerk of Morris County, shall
have a lien on the premises where the materials were used or supplies
supplied, pursuant to N.J.S.A. 26:3-31.
B.
In the event that any municipal funds are expended or municipal services
performed directly by municipal employees to correct any emergency
condition contemplated by this chapter, the amount of said costs or
funds shall constitute a lien upon the property, which shall be projected
and enforceable in the same manner as charges and liens on delinquent
taxes.
Any person, firm, association or corporation found guilty of
violating any provision of this chapter shall, upon conviction thereof,
pay a fine not exceeding $500. Each day that a violation occurs shall
be considered a separate offense.
