[Adopted 1-29-1981 by Ord. No. 928]
The Health Officer and Local Housing Officer shall be and they are hereby
designated as authorized borough officials, whenever necessary to protect
the health and safety of residential tenants as hereinafter defined, to act
as agents 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 the landlord; provided, however,
that at least 12 hours have elapsed, if the outside air temperature is between
thirty-three degrees and fifty-five degrees Fahrenheit (33° 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. 26:3-31.
A fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 189-8 above may bill the landlord directly, or the municipality in which the property is located may issue a voucher to the fuel oil dealer for the money amount due on 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.
A landlord or his agent whose negligence or failure to act results in municipal action as set forth in § 189-8 above shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Said penalty shall be recoverable by the borough in a civil action brought by way of summary proceedings pursuant to N.J.S.A. 2A:58-1,[1] brought in the Superior Court, County District Court or Municipal
Court. The amount of said penalty shall be paid to the municipality, to be
used for general municipal purposes. In such proceedings, the Court shall
also order the landlord or his agent to reimburse the municipality for actual
costs incurred for any fuel oil delivered and service charges for refiring
the burner, if any, and for reasonable attorneys' fees and costs.
A.
Every landlord shall, within 30 days following the effective
date of this article or at the time of the creation of the first tenancy in
any newly constructed or reconstructed building, file with the Clerk of the
municipality a statement which shall contain the following information:
(1)
The names and addresses of the record owner or owners
of the premises and the record owner or owners of the rental business if not
the same person(s).
(2)
If the record owner is a corporation, the names and addresses
of the registered agent and corporate officers of said corporation.
(3)
If the address of any record owner is not located in
the county in which the premises is located, the name and address of a person
who resides in or has an office in the county in which the premises is located
and is authorized to accept notice from a tenant and to issue receipts therefor
and to accept service of process on behalf of the record owner.
(4)
The name and address of the managing agent of the premises,
if any.
(5)
The name and address, including the dwelling unit, apartment
or room number, of the superintendent, janitor, custodian or other individual
employed by the record owner or managing agent to provide regular maintenance
service, if any.
(6)
The name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached or
contacted at any time in the event of an emergency affecting the premises
or any unit of dwelling space therein, including such emergency as the failure
of any essential service or system, and who has the authority to make emergency
decisions concerning the building and any repair thereto or expenditure in
connection therewith.
(7)
The name and address of every holder of a recorded mortgage
on the premises.
(8)
If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
B.
Every landlord hereby required to file a registration
statement as described in this section hereinabove shall file an amended registration
statement within seven days after any change in the foregoing information
required to be included thereon.
The provisions of this article do not apply to owner-occupied residential
rental properties containing five units or less.
