[HISTORY: Adopted by the City Council of
the City of East Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-26-1981 as Ord. No. 1-1981[1]]
A.
The Tax Collector is hereby designated, whenever necessary
to protect the health and safety of residential tenants, to act as
an agent for any landlord of a residential rental property within
the City of East Orange where the landlord has failed to maintain
heat in accordance with N.J.S.A. 26:3-31.
B.
The designated agent may engage a fuel oil dealer
to deliver fuel oil at a reasonable price per gallon and to refire
the burner in order 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 33º
F. and 55º F., inclusive, or at least four hours have elapsed
if the outside air temperature is 32º F. or less since the affected
tenant has lodged a complaint with the Department of Property Maintenance,
prior to which 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.
The City of East Orange shall issue a voucher to any fuel oil dealer who delivers fuel oil or refires the burner as set forth in § 153-1 hereinabove for the money amount due on the fuel oil delivered and the service 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.
A.
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to § 153-1 of this article shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential rental property. Pursuant to P.L. 1980, c. 170,[1] such penalty shall be recoverable by the City in a civil
action by a summary proceeding under the Penalty Enforcement Law,
N.J.S.A. 2A:58-1 et seq. Any action to correct 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 City of East Orange
to be used for general municipal purposes.[2]
B.
In any penalty enforcement proceeding brought pursuant
to P.L. 1980, c. 170, the Court shall also order the landlord or his
agent to reimburse the City of East Orange 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 City of East Orange 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 City of East Orange 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 City.
Neither the City of East Orange nor any of its
employees shall be liable for any damages to any person or property
in enforcing this article, except for the gross negligence or malfeasance
of any official, officer or employee of the City of East Orange, and
under no circumstances shall the City of East Orange 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 fewer.
