[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon
Heights as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-1982 by Ord. No. 651
(Ch. 60, Art. I of the 1975 Code)]
The Emergency Fuel Oil Delivery Act, Chapter 170 of the Laws of 1980,
N.J.S.A. 26:3-31.4 et seq., and any supplements thereto, is hereby adopted.
The Health Officer is empowered, whenever necessary to protect the health
and safety of residential tenants, to act as an agent for a landlord in engaging
a fuel oil dealer to deliver fuel oil at a reasonable price per gallon and
to refire the burner to restore the proper heating of any residential property
rented by said landlord; provided, however, that at least 12 hours have elapsed
if the outside air temperature is between 33° F. and 55° F., inclusive,
or at least four hours have elapsed if the outside air temperature is 32°
F. or less since the tenant has lodged a complaint with the Health Officer
or the office of the Borough Clerk, and provided further that, prior to the
filing of the complaint, a bona fide attempt has been made by the tenant or
his representative to notify the landlord of the lack of heat and the landlord
has failed to take appropriate action. "Lack of heat" means maintaining less
heat than required by N.J.S.A. 26:3-31.
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 242-2 of this article may bill the landlord directly, or the Borough may issue a voucher to the fuel oil dealer who delivered the fuel oil for the money amount due on the fuel oil delivered and the service charge for refiring the burner, if any. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
Any landlord, or his agent, whose negligence or failure to act results in municipal action pursuant to § 242-2 of this article shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Such penalty shall be recoverable by the Borough in a civil action by a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.). Any action to collect or enforce any such penalty shall be brought in the Superior Court or Municipal Court. The amount of such penalty shall be paid to the Borough, to be used for general municipal purposes.
In any penalty enforcement proceeding brought pursuant to this article,
the court shall also order the landlord, or his agent, to reimburse the Borough
for the actual costs incurred for any fuel oil delivered and the service charge
for refiring the burner, if any, and for reasonable attorney's fees and costs.
The court shall further be empowered to issue any appropriate injunctive orders
and to authorize immediate collection of reimbursable costs due the Borough
out of the goods and chattels of the landlord, including all sums due or which
may come due as present or future rents. Any landlord who prevails in such
an action shall be entitled to reimbursement by the Borough for all reasonable
costs and expenses. Such landlord, however, shall still remain responsible
for the cost of any fuel oil delivered and any charge for refiring the burner
incurred by the Borough.
The Borough and its employees shall not be liable for any damages to
any person or property in enforcing this article, except for the gross negligence
or malfeasance of any municipal official, officer or employee, and under no
circumstances shall the Borough be held liable for damages from the lack of
heat in the residential property.
The provisions of this article shall not apply to owner-occupied residential
rental properties containing five units or less.
