[HISTORY: Adopted by the City Council of the City of Long Branch
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-22-1983 by Ord. No. 1120
(Sec. 14-6 of the 1971 Code)]
A.
N.J.S.A. 26:3-1 prescribes the establishment of a local Board of Health and authorizes the exercise of certain powers by the same and further provides that those respected functions may be exercised by other municipal officers according to law as established under a specific form of government; and the City of Long Branch, pursuant to Chapter 5, Administration of Government, § 5-14 of this Code, has a Department of Health, the head of which is the Director of Health, also known as the "City Health Officer," and from time to time emergency situations arise regarding the lack of heat or proper equipment to furnish appropriate heat to tenants of premises in the City of Long Branch.
B.
The City is desirous of providing the Health Department
with the powers authorized under enabling legislation in N.J.S.A. 26:3-31(p)
and N.J.S.A. 26:3-31.5 et seq. and its general authority under N.J.S.A. 40:48-2
to act as agent for various landlords in the providing of fuel oil and engaging
repairmen and ordering parts necessary to restore proper heating facilities.
[Amended 10-27-1983 by Ord. No. 1134]
The City Health Officer is hereby authorized to act as the agent for
any landlord of any premises located within the City of Long Branch consisting
of five or more dwelling units in the engaging of repairmen 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 such residential
unit rented by said landlord; provided, however, that at least 24 hours have
elapsed since the tenant has lodged a complaint with any municipal officer
or agency, prior to which a bona fide attempt has been made by the tenant
to notify the landlord of the failure of the heating equipment, and the landlord
has failed to take appropriate action, and the outside air temperature is
less than 55° F. Any person who supplies material or services in accordance
with this article shall bill the landlord directly and, by filing a notice
approved by the local Board of Health with the County Clerk, shall have a
lien on the premises where the materials were used as services supplied. In
the alternative, the City of Long Branch, pursuant to its authority under
N.J.S.A. 40:48-2.12f, may expend municipal funds for such purposes as noted
herein and charge the same against the premises, and the amount thereof as
determined by resolution of the City Council shall be a lien against the premises
and collectible as provided by law.
A.
The City Health Officer is hereby authorized whenever
necessary to protect the health and safety of residential tenants to act as
agent for any landlord owning property within the City consisting of five
or more dwelling units in engaging a fuel oil dealer to deliver fuel oil at
a reasonable price per gallon and to re-fire the burner to restore the proper
heating of any aforesaid 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 office 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" shall mean maintaining less heat than
required by N.J.S.A. 26:3-31(m).
B.
Any fuel oil dealer who delivers fuel oil or re-fires
the burner in accordance with this article may bill the landlord directly,
or the City of Long Branch 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 re-firing the burner, if any. All such vouchers
shall be paid in the manner provided for the approval and payment of claims
pursuant to N.J.S.A. 40A:5-17.
Any landlord or his agent whose negligence or failure to act results
in municipal action pursuant to this article 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 of Long Branch in a civil action
by a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.). Any such action to collect or enforce such penalty shall be brought
in Superior Court, County District Court or Municipal Court. The amount of
such penalty shall be paid to the municipality to be used for general municipal
purposes.
[Adopted 11-12-1997 by Ord. No. 35-97]
A.
The Council of the City of Long Branch finds, determines
and declares that N.J.S.A. 40:48-2.12(n) et seq. was enacted by the legislature
of the State of New Jersey to enable certain communities to take effective
action to assure that excesses, when they occur, shall not be repeated and
that landlords offering seasonal rentals be held to sufficient standards of
responsibility.
B.
N.J.S.A. 40:48-2.12 et seq. addresses primarily resort
communities that have an increased population during the summer months which
results in year-round citizens experiencing disturbances, damage and public
expense resulting from carelessly granted and inadequately supervised seasonal
rentals to irresponsible vacationers and others by inept or indifferent landlords.
C.
The Council of the City of Long Branch finds that the
City has a similar problem with short tenancies, usually less than one year,
throughout the city.
D.
The Council of the City of Long Branch enacts this article
to preserve the peace and tranquillity of their community for its permanent
residents and to maintain the City as a viable area for persons and families
availing themselves of and living in the community.
E.
The enactment of this article is necessary and desirable
to provide a means to curb and discourage those occasional excesses arising
from irresponsible actions of short-term tenancies.
F.
The Council of the City of Long Branch had, prior to
the enactment of this article, input from the Business Administrator of the
City of Long Branch and the Public Safety Director of the City of Long Branch
and has the input of the public's participation with respect to this
article.
For the purpose of this article, the following meanings shall apply:
A licensed attorney of the State of New Jersey appointed by the Mayor,
subject to the advice and consent of the City Council. The hearing officer
shall not own or lease any real property within the city, nor hold any interest
in the assets of or profits arising from the ownership or lease of such property.
[Amended 10-27-1998 by Ord. No. 36-98]
The person or persons who own or purport to own any building that
is rented or offered for rent or housing space for living or dwelling under
either a written or oral lease, including but not limited to any building
subject to the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A.
55:13A-1 et seq.), and owner-occupied two-unit premises.
Any rental of residential accommodations for a term of less than
one year and including any part of the period extending from May 15 to September
15.
An act of disorderly, indecent, tumultuous or riotous conduct, including,
by way of example, but not limited to simple assault, assault, terroristic
threats, harassment, urinating in public, lewdness, criminal mischief, excessive
noise or underage possession or consumption of alcoholic beverages, upon or
in proximity to any seasonal rental premises, and attributable to the acts
or incitement of any of the tenants of those premises which have been substantiated
by prosecution and conviction in any court of competent jurisdiction, which
shall include prosecution and conviction for a City ordinance or a higher
level offense.[1]
[Amended 10-14-2003 by Ord. No. 34-03]
A.
If in any twelve-month period two substantiated complaints, as defined in § 271-6 hereof, or separate occasions of disorderly, indecent, tumultuous or riotous conduct, including, by way of example, but not limited to simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief or excessive noise, upon or in the proximity to any seasonal rental premises and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the City Council or any officer or employee of the City of Long Branch so designated by the City Council for this purpose may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character.
[Amended 12-9-2003 by Ord. No. 41-03; 10-12-2004
by Ord. No. 39-04]
B.
The City Council or any officer or employee of the municipality
designated by the City Council shall cause to be served upon the landlord,
in person or by registered mail, to the address appearing on the tax records
of the municipality, notice advising the institution of such proceedings,
together with particulars of the substantiated complaint upon which those
proceedings are based, and the time and place at which the hearing will be
held in the matter, which shall be in the Municipal Building, Municipal Court
or such other public place as designated by the City Council and which shall
be no sooner than 30 days from the date upon which the notice is served or
mailed.
C.
At the hearing convened pursuant to Subsection B above, the hearing officer shall receive full evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. At the conclusion of the hearing, the officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
D.
Any bond required to be posted shall be in accordance
with the judgment of the hearing officer, in light of the nature and extent
of the offenses indicted in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make reparation
for:
(1)
Damages likely to be caused to public or private property
and damages consequent upon disruption of affected residents' rights
of fair use and quiet enjoyment of their premises;
(2)
Securing the payment of fines and penalties likely to
be levied for such offenses; and
(3)
Compensating the municipality for the costs of representing
and prosecuting such incidents of disorderly behavior; provided, however,
no such bond shall be in an amount less than $500 nor more than $5,000.
[Amended 2-22-2005 by Ord. No. 7-05]
E.
Any bond or other security deposited in compliance with Subsection D above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 271-8, in which case the security shall have been renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this article. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by Subsection D above, in the same manner as the landlord upon which the requirement was originally imposed; provided, however, the City Council may, by resolution, shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
F.
The municipality may enforce a bond thus required by
action in the Superior Court and shall be entitled to an injunction prohibiting
a landlord from making or renewing any lease of the affected premises for
residential purposes until that bond or equivalent security, in satisfactory
form and amount, has been deposited with the municipality.
[Added 2-22-2005 by Ord. No. 7-05]
A.
If during the period for which a landlord is required to give security pursuant to § 271-7 a substantiated complaint is recorded against the property in question, the City Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security for an extension as provided in § 271-7E of the period for which the security is required or for increase in the amount of security required or for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 271-7D. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in § 271-7D and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated that appropriateness of such change in order to effectually carry out the purposes of this article. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 271-7D.
[Amended 10-27-1998 by Ord. No. 36-98]
See the definition of "hearing officer" in § 271-6.
