[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 1-7-1959.[1]. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A store, office (business or professional), factory and manufacturing
plant, including locker rooms, washrooms and lavatories, wherein one
or more persons are employed.
A house, home, place of abode, domicile, dwelling and apartment,
and shall include a hotel, rooming, boarding- and guest house, including
community bathrooms and lavatories, in use by one or more occupants,
occupied by two or more families or tenants.
[Amended 9-16-1964 by Ord. No. 222]
It shall be the duty of any owner, lessee, manager, operator
or agent of any building occupied as a residence by two or more families
or individual tenants or one or more occupants, who has contracted
or undertaken to furnish heat for every occupied room in such buildings
or portions thereof, to heat or furnish heat for every occupied room
in such buildings or portions thereof so that a minimum temperature
of 68° F., without regard to outside temperature, shall be maintained
therein at all times daily, between the hours of 6:00 a.m. and 11:00
p.m., from the 10th day of September in each year to the 10th day
of June of the next succeeding year, both dates being inclusive; and
from the 10th day of June to the 10th day of September in each year,
both dates being inclusive, when the outside temperature falls below
55° F.
Whenever a building, within the purview of this chapter, is
heated by a furnace, boiler or other centralized heating system or
systems under the control of the owner, lessee, manager, operator
or agent, such owner, lessee, manager, operator or agent, in the absence
of a contract or agreement to the contrary, shall be deemed to have
contracted, undertaken or bound himself to furnish heat in accordance
with the provisions of this chapter.
The presence of heat outlets, radiators, risers or returns in
any hall or apartment or subdivision of a building shall be prima
facie evidence of an implied agreement or contract to furnish heat
as provided for in this chapter.
[Amended 9-16-1964 by Ord. No. 222]
Any owner, lessee, operator, manager or agent of any mercantile,
commercial or industrial building wherein one or more persons are
employed shall heat or provide for the heating of every room occupied
by said employee or employees so as to maintain a minimum temperature
of 68° F. during all working hours, without regard to outside
temperature, from the 10th day of September in each year to the 10th
day of June of the next succeeding year, both dates being inclusive;
and between the 10th day of June and the 10th day of September in
any year, both dates being inclusive, when the outside temperature
falls below 55° F. In such mercantile, commercial or industrial
building or any portion thereof where trade methods or practices or
the nature of the business may require low temperature and low temperature
is unavoidable, this requirement shall not apply.
Where a corporation is bound to supply heat under the terms
of this chapter, the president, vice president, secretary, treasurer,
managing agent, manager or building superintendent of said corporation
shall comply with the provisions hereof.
[Added 3-3-1982 by Ord. No. C-206]
It is hereby provided that the Health Officer of the City of
Hoboken shall, whenever necessary to protect the health and safety
of residential tenants, act as an 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 as provided by the Emergency Fuel
Oil Delivery Act, Chapter 170 of the Laws of 1980,[1] provided, however, that at least six hours have elapsed,
if the outside air temperature is between 33° and 55° 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
by the tenant or his representative 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.
[1]
Editor's Note: See N.J.S.A. 26:3-31.4 et seq.
[Added 3-3-1982 by Ord. No. C-206]
Any fuel-oil dealer who delivers fuel oil or refires the burner in accordance with § 116-7 of this chapter may bill the landlord directly, or the City of Hoboken in which the rental property is located, may issue a voucher to the fuel-oil dealer who delivered the fuel oil 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 manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
[Added 3-3-1982 by Ord. No. C-206]
Conversion from existing fuel-generating devices or furnaces
to another method of generating or providing fuel to a residential
dwelling of any type may not take place from October 1 to May 1.
[Added 3-3-1982 by Ord. No. C-206]
In the event that an emergency arises where a heating device
breaks down necessitating repairs or conversion, arrangements must
be made by the landlord or his agent, at the landlord or agent's
expense, to provide space heaters or other approved alternate heating
devices for all occupants or tenants of the dwelling who will not
have heat, when the repairs or conversion takes longer than six hours.
[Added 3-3-1982 by Ord. No. C-206]
Landlords or agents of residential dwellings who persistently
allow their oil tanks to run dry or who do not keep their heating
units in good working repair, resulting in persistent cessation of
heat, will be monitored, and action will be taken for each offense.
[Added 3-3-1982 by Ord. No. C-206]
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to §§ 116-7 through 116-14, inclusive, of this chapter 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 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 collect or enforce any such penalty shall be brought in the Superior Court, County District Court or Municipal Court. The amount of such penalty shall be paid to the City of Hoboken to be used for general municipal purposes.
[Added 3-3-1982 by Ord. No. C-206]
In any penalty enforcement proceeding brought pursuant to this
chapter, the court shall also order the landlord or his agent to reimburse
the City 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 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 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.
[Added 3-3-1982 by Ord. No. C-206]
The City or its employees shall not be liable for any damages
to any person or property in enforcing this chapter, except for the
gross negligence or malfeasance of any municipal official, officer
or employee, and under no circumstances shall the City be held liable
for damages from the lack of heat in the residential property.
