[Derived from Ch. X, Sec. 10-5, of the 1978
Code]
The Borough Council has found that although
most tenants of multiple dwellings must post security funds with their
landlord in order to guarantee such tenants' performance pursuant
to the terms of their lease with their landlord, the landlords do
not post security funds to guarantee their performance of their respective
duties as landlords; and the Borough Council finds that there have
existed and do exist many instances where landlords of multiple dwellings
have failed to provide essential services, make necessary repairs
or provide needed maintenance of structures or equipment, many of
which failures create emergency situations which pose an immediate
threat to the health, safety and welfare of citizens of the Borough
who are tenants of such multiple dwellings, and the Borough Council
is authorized, pursuant to N.J.S.A. 40:48-2, to enact and enforce
such ordinances, regulations and rules, not contrary to the laws of
this State or of the United States, necessary and proper for the protection
of persons and for the preservation of the health, safety and welfare
of the inhabitants of this Borough.
As used in this article, the following terms
shall have the meanings indicated:
Any room or rooms, or suite or 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. Premises which are used primarily for purposes
other than sleeping, dwelling or residence purposes shall not be considered
a dwelling unit.
Any condition, dangerous or injurious to the health or safety
of the occupants of a dwelling unit or occupants of neighboring dwelling
units, 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.
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 68º F. whenever
the outside temperature falls below 55º F. during the daytime
hours of 6:00 a.m. to 11:00 p.m., or failure to maintain every unit
or dwelling space and every habitable room therein at a temperature
of at least 65º F. whenever the outside temperature falls below
40º 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, and any land appurtenant thereto,
containing four or more dwelling units rented, leased or offered for
rent or lease, including dwelling units converted to condominiums
or cooperatives, excepting motels and hotels.
A.
There is hereby established the Fort Lee Multiple
Dwelling Emergency Commission, hereinafter referred to as the "Commission."
The membership of the Commission shall consist of the Health Officer,
the Building Subcode Official, the Chief Combustible Inspector, the
Municipal Administrator, and one member of the Borough Council who
shall serve as Chairman. The Council member of the Commission shall
be appointed by the Borough Council for a term of one year. Any conduct
or action of the Commission authorized by this article shall be deemed
valid and effective when taken by any three members of the Commission.
At any meeting of the Commission, a quorum shall consist of a majority
of the membership of the Commission.
B.
The duties of the Commission shall consist of the
following:
(1)
To require, administer and expend security funds deposited
pursuant to the terms of this article.
(2)
To examine those circumstances and conditions alleged
to constitute emergency conditions and declare, where applicable,
an emergency condition to exist.
(3)
To arrange, in accordance with the terms of this article
for the prompt repair, maintenance, supply or replacement of those
items of structure, equipment or supplies which are necessary to correct,
eliminate or alleviate the emergency condition.
(4)
To record and maintain records of the actions taken
by the Commission.
A.
Every owner of a multiple dwelling shall deposit with
the Commission 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. 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 two and 25 dwelling units,
the owner shall deposit $50 for each dwelling unit.
(2)
Where the owner owns between 26 and 40 dwelling units,
the owner shall deposit $1,250 for the first 25 units and $25 for
each additional unit owned.
(3)
Where the owner owns more than 40 dwelling units,
the owner shall deposit $1,250 for the first 25 units, $25 per unit
for the next 15 units and $15 per unit for each additional dwelling
unit.
(4)
In no event shall an owner of one or more multiple
dwellings be required to deposit more than $12,500 in security funds
pursuant to this article.
B.
The Tax Collector shall effect the refunds resulting
from the foregoing amendment within 30 days after the effective date
hereof.
A.
In the event the Commission spends money from any account, as authorized by this article, thus reducing the amount in the account and leaving less than the sum required as computed in § 321-4, the Commission shall immediately notify the owner in the same manner as notification is given in § 321-4 of the amount necessary to bring that account up to the originally required amount. The owner shall thereafter deposit the required sum necessary to bring the 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 Mayor and Council of the
Borough for a hearing concerning solely the issues of: Did an emergency
condition exist, and was the amount expended to remedy the emergency
condition reasonable. If such appeal is desired, the owner shall,
within 10 days of receiving notice of the amount spent, file with
the Borough Clerk a letter requesting such appeal. The Mayor and Council
of the Borough shall hold a hearing regarding the aforementioned issues
not less than 10 nor more than 30 days after the Borough Clerk has
received the request from the owner, and they shall render their decision
within 14 days after the hearing has been concluded. By mutual consent
between the Mayor and Council and an aggrieved party, the time limitations
herein stated may be extended.
A.
The Commission is hereby empowered to withdraw and
expend security funds posted hereunder by the owner of a multiple
dwelling under the following conditions:
(1)
It has examined those circumstances and conditions
alleged to constitute an emergency condition and has declared an emergency
condition to exist;
(2)
The remedying of such emergency condition is the owner's
responsibility;
(3)
Reasonable and diligent efforts have been made by
the Commission or by an affected tenant to notify the owner or the
owner's agent, servant, employee or joint venturer; 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 conditions within 72 hours after the initiation of reasonable and diligent efforts to give notice as described in Subsection A(3) of this section; or where work was commenced within the seventy-two-hour period referred to in this subsection, 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 Commission, could have been completed within 72 hours.
B.
Any such withdrawal and expenditure of security funds
by the Commission shall require the signatures of the Tax Collector,
the Municipal Administrator and the Council member of the Commission.
In conjunction with any conduct or action of
the Commission authorized within this article, every owner of a multiple
dwelling shall furnish or cause to be furnished to the Commission,
within 12 hours after receipt of a written request, legible copies
of each and every report, statement or document prepared by a person
or entity which has examined the circumstances and conditions alleged
to constitute an emergency condition. Each owner of a multiple dwelling
shall confirm in advance that whoever is summoned by the owner, or
the owner's agent, servant, employee or joint venturer, shall immediately
furnish to the owner a written evaluation of such examination and/or
description of services rendered, which description shall include
parts replaced. This obligation to transmit written materials to the
Commission shall be a continuing one, the Commission not being required
to repeatedly send written requests to the owner.
In the performance of its duties and subsequent
to notice to the owner, the Commission is hereby empowered to retain
an independent consultant, to be compensated from the owner's account,
where the Commission has not been supplied adequate information to
evaluate alleged emergency conditions or to determine whether work
should have been reasonably completed within 72 hours after commencement
thereof.
