[Adopted 3-3-1981 by Ord. No. 81-05]
The Chief Building Inspector, or in his absence his designated
representative, shall, with the approval of the City Manager, whenever
necessary to protect the health and safety of residential tenants,
act as an agent for a landlord in engaging a fuel oil deliverer to
deliver fuel oil at a reasonable price per gallon and to refire the
burner to restore the proper heating of any residential property located
within the City of Englewood rented by said landlord, other than owner-occupied
residential rental properties containing five units or less; provided,
however, that at least 12 hours have elapsed, if the outside air temperature
is between 33° and 55° F., inclusive, or at least four hours
have elapsed, if the outside temperature is 32° F. or less, since
the tenant has lodged a complaint with either the Health Department
or the Building Department of the City of Englewood; and provided
further that prior to said complaint the tenant or his representative
has made a bona fide attempt to notify the landlord of the lack of
heat and the landlord has failed to take appropriate action.
Lack of heat and/or failure to provide proper heating shall
mean maintaining less heat than required by the provisions of N.J.S.A.
26:3-31.
In carrying out the foregoing duties, the City of Englewood
may have any fuel oil deliverer who delivers fuel oil or refires the
burner bill the landlord directly or may issue a voucher to the fuel
oil deliverer 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 same manner provided for the approval and payment of
claims as set forth in City ordinance.[1] The City of Englewood may institute any proceedings against
a landlord whose negligence or failure to act results in the necessity
for the City of Englewood to arrange for the providing of fuel oil
or refiring the burner as provided herein under the Penalty Enforcement
Law of 1999 (N.J.S.A. 2A:58-10 et seq.) as provided pursuant to the
provisions of the Emergency Fuel Oil Delivery Act, P.L. 1980, c. 170;
N.J.S.A. 26:3-31.4 et seq. In addition to any penalty collected hereunder,
the City of Englewood may institute any proceedings authorized to
reimburse the City of Englewood for actual costs incurred for any
fuel oil delivered and the service charge for refiring the burner,
if any, and for reasonable attorneys fees and costs.[2]
Neither the City of Englewood 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 City
official, officer or employee, and under no circumstances shall the
City of Englewood be held liable for damages from the lack of heat
in any residential property.
Any person violating any provision of this article shall be
subject to a fine of not less than $100 nor more than $1,000 or imprisonment
for a term not exceeding 90 days, or both, for each separate violation
thereof.
