This article shall be known as the "Emergency
Fuel Oil Delivery Ordinance."
The Health Officer and/or Health Administrator
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; 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 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. 26:3-31m.
Any fuel oil dealer who delivers fuel oil or
refires the burner in accordance with this article may bill the landlord
directly, or the Town of Boonton 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.
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 municipality in a civil action by a summary
proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-10 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 municipality
to be used for general municipal purposes.
In any penalty enforcement proceeding brought
pursuant to this article, the Court may also order the landlord or
his agent to reimburse the municipality for the actual costs incurred
for any fuel oil delivered and the service charge for refiring the
burner incurred by the municipality. The remedies set forth in this
section of the article to seek reimbursement by way of a penalty enforcement
proceeding shall not exceed or substitute for other remedies which
may be available to the Town of Boonton for the recovery of such expenses.
Neither the Town of Boonton 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
municipal official, officer or employee, and under no circumstances
shall a municipality be held liable for damages from the lack of heat
in the residential property.
The provisions of this article shall not apply
to owner-occupied residential properties containing five units or
less, nor shall the provisions of this article apply to any residential
property, whether owner-occupied or not, containing less than three
residential units.
