[HISTORY: Adopted by the Township Council of the Township of Old
Bridge by Ord. No. D-70 (Sec. 11-4 of the 1973 Revised General
Ordinances). Amendments noted where applicable.]
In applying and interpreting this chapter, the following definitions
shall be used:
Any room or rooms, or suite of apartment thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designed to be
occupied for sleeping, dwelling or residence purposes by one or more persons.
Any condition dangerous or injurious to the health or safety of the
occupants of a building or occupants of neighboring buildings which arises
out of any of the following circumstances or conditions:
Lack of adequate ventilation or light.
Lack of adequate and properly functioning sanitary facilities.
Lack of adequate and healthful water supply.
Structural, mechanical or electrical defects which increase the hazards
of fire, accident or other calamity.
From October 1 of each year until the next succeeding May 1, failure
to maintain every unit of dwelling space and every habitable room therein
at a temperature of at least 68° F. whenever the outside temperature falls
below 55° F. during the daytime hours of 6:00 a.m. to 11:00 p.m., or failure
to maintain every unit of dwelling space and every habitable room therein
at a temperature of at least 55° F. whenever the outside temperature falls
below 40° F. during the nighttime hours of 11:00 p.m. to 6:00 a.m. In
meeting the aforesaid standards, the owner shall not be responsible for heat
loss and the consequent drop in the interior temperature arising out of action
by the occupants in leaving windows or doors open to the exterior of the building.
Any building or structure of one or more stories and any land appurtenant
thereto and any portion thereof in which four or more dwelling units are occupied
or are intended to be occupied by four or more persons who live independently
of each other. Premises which are used primarily for purposes other than sleeping,
dwelling or residence purposes shall not be considered a "multiple dwelling."
A plot or plots of land upon which two or more trailers are leased
upon which trailer owners lease space is herewith included under the terms
and conditions of a dwelling unit above except that the security deposit shall
be 50% of the amount required for apartment multiple dwellings as set forth
herein.
[Added 10-20-1980 by Ord. No. D-325]
The owner of a multiple dwelling shall deposit with the Multiple-Dwelling
Emergency Commission of Old Bridge security funds to be used for the repair,
maintenance, supply or replacement of those items of structure, equipment
or supplies which are necessary to correct, eliminate or alleviate an emergency
condition.
A.
The amount of the security funds to be deposited with
the Commission shall be computed in the following manner:
(1)
Where the owner owns between four and 25 dwelling units, the
owner shall deposit $100 for each dwelling unit.
(2)
Where the owner owns between 26 and 40 dwelling units,
the owner shall deposit $2,500 for the first 25 units and $50 for each additional
dwelling unit owned.
(3)
Where the owner owns more than 40 dwelling units, the
owner shall deposit $2,500 for the first 25 units, $50 per unit for the next
15 units and $30 per unit for each additional dwelling unit.
B.
In no event shall an owner be required to deposit more
than $5,000 in security funds pursuant to this chapter. All funds required
to be deposited under the terms of this chapter shall be deposited with the
Commission by delivering such funds to the office of the Township Treasurer
within 10 days after receipt of notice from the Commission of the amount due.
Notice of the amount due may be given by the Commission or its agent by personally
delivering same to the owner or the owner's agent, servant, employee or joint
venturer on the owner's premises or by certified mail sent to the owner's
last registered address. Upon receipt of such security funds, the Treasurer
shall deposit same in a demand account in the name of the Commission in trust
for the owners. The Finance Director shall invest such moneys in the same
manner as municipal funds. Interest received on such accounts shall accrue
to the particular owners on whose behalf the account is maintained by the
Commission.
A.
In the event that the Commission spends money from any account, as authorized by this chapter, thus reducing the amount in the account and leaving less than the sum required as computed in § 290-2, the Commission shall immediately notify the owner, in the same manner as in § 290-2, of the amount necessary to bring that account up to the originally required amount with the Commission and within the following time schedule:
(1)
Where the balance remaining in the owner's account is
more than $1,500, the deposit shall be made within 30 days from the date the
owner received notice.
(2)
Where the balance remaining in the account is $1,500
or less, the deposit shall be made within five days from the date the owner
received notice.
B.
Where the Commission has spent money from an account,
the owner of the premises may appeal to the Township Council for a hearing
concerning solely the issues of whether an emergency condition existed and
whether the amount expended to remedy the emergency condition was reasonable.
If such an appeal is desired, the owner shall, within 10 days of receiving
notice of the amount spent, file with the Township Clerk a letter requesting
such appeal. The Council shall hold a hearing regarding the aforementioned
issues not less than 10 nor more than 30 days after the Township Clerk has
received the request from the owner, and the Council shall render its decision
within 14 days after the hearing has been concluded. By mutual consent between
the Council and the aggrieved party, the time limitations herein stated may
be extended.
A.
The Multiple-Dwelling Emergency Commission shall be authorized
to expend the moneys from the account it maintains for an owner to correct,
eliminate or alleviate an emergency condition only when:
(1)
It has examined those circumstances and conditions alleged
to constitute an emergency condition and has declared the condition to exist;
and
(2)
The remedying of such emergency condition is the owner's
responsibility; and
(3)
The owner or the owner's agent, servant, employees or
joint venturer has received notice of the circumstances or conditions constituting
the emergency condition from either the Commission or an affected tenant in
person or by regular mail, telegram or telephone conversation; and
(4)
No work has been commenced by the owner or the owner's agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within 24 hours after he has received notice as described in Subsection A(3) above of the circumstances and conditions constituting the emergency condition; or where work was commenced within the twenty-four-hour period referred to in Subsection A(4) above but such work has not been reasonably completed within 72 hours after the work was commenced and such work, under the applicable circumstances and in the opinion of the Health Officer or the Construction Official, could have been completed within 72 hours.
B.
Any such expenditure of security funds by the Commission
shall require the signatures of any two members of the Commission, and any
withdrawal shall require the written authorization of the Director of Finance
and one other member of the Commission.
Any person found guilty of violating any of the provisions 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.
