[HISTORY: Adopted by the Board of Health of the Borough of Florham Park 10-1-2008 as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mechanical systems — See Ch. 152.
[Adopted 10-1-2008 by Ord. No. BH 03-08]
The Borough Health Officer, or other officer designated by the Health Officer, shall, whenever necessary to protect the health and safety of residential tenants, act as 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 any municipal officer or agency prior to which complaint a bona fide attempt has been made 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.
The Health Officer of Florham Park Borough, or other officer designated by the Health Officer, shall, whenever necessary to protect the health and safety of residential tenants, act as agent for the landlord in the engaging of a repairman 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 rented by said landlord; provided, however, that at least 24 hours have elapsed since the tenant has lodged a complaint with the local Board of Health, prior to which a bona fide attempt has been made by the tenant to notify the landlord of the failure of the heating equipment, the landlord has failed to take appropriate action, and the outside air temperature is less than 55° F.
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 258-1, or any repairman who restores the operating condition of a furnace or boiler, or who provides equipment and services essential to the proper heating of any residential unit in accordance with § 258-2 of this article may bill the landlord directly, or the Borough may issue to the fuel oil dealer or repairman who delivered the fuel oil or made the repairs a voucher for monies due.
Any landlord or his agent whose negligence or failure to act results in Borough action pursuant to § 258-1 or 258-2, or both, 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 recovered by the Borough in a civil action by summary proceedings under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]). Any action to collect or enforce such penalty may be brought in the Superior Court or Municipal Court. The amount of such penalty shall be paid to the municipality and shall be used for general municipal purposes.
[1]
Editor's Note: Repealed by L. 1999, c. 274. See N.J.S.A. 2A:58-10 et seq.
In any penalty proceeding brought pursuant to this article, the Court shall also order the landlord or his agent to reimburse the municipality for actual costs for any fuel oil delivered, the service charge for refiring the boiler, if any, and any charges for parts necessary to restore to operating condition the furnace, the boiler or any equipment essential to the proper heating of any residential unit, including any service charges. The Court shall further be empowered to issue any appropriate injunctive order and to authorize immediate collection of reimbursable costs due the municipality 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 action shall be entitled to reimbursement by the municipality for all reasonable costs and expenses. Such landlord, however, shall still remain responsible for the cost of any fuel oil delivered, any charge for refiring the burner, any parts ordered, and any charges for restoring the heating equipment, incurred by the Borough.
The Borough of Florham Park and its employees shall not be liable to any person or for damage to property in enforcing this article, except for gross negligence or malfeasance of any Borough official, and under no circumstances shall the Borough be held liable for damages from lack of heat in a residential unit.
The provisions of this article shall not apply to owner-occupied residential rental properties containing five units or less.