[HISTORY: Adopted by the Board of Health of the Borough of East Rutherford by Ord. No. 84-1; amended in its entirety 4-1-2010 by Ord. No. 2010-01. Subsequent amendments noted where applicable.]
Sanitary Code — See Ch. 396.
It shall be the duty of every person, firm, or corporation who or which is the owner of a building or buildings designed to be occupied, or occupied, as a residence, whenever said owners have agreed to supply heat, to provide such heat from the first day of October in each year to the first day of May of the succeeding year so that the temperature of each and every apartment where one or more persons reside shall be maintained at least at 68º F. whenever the outside temperature falls below 55º during daytime hours from 6:00 a.m. to 11:00 p.m. At times other than those specified, interiors of units of dwelling space shall be maintained at least at 65º F. whenever the outside temperature falls below 40º. In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building. The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
Any person, firm or corporation who or which shall violate any provision of this chapter or fail to comply therewith shall severally, for each and every such violation and noncompliance, forfeit and pay a penalty of not less than $100 nor greater than $500, the exact amount to be left to the discretion of the magistrate before whom the complaint is made. The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time. The imposition of the above penalty shall not be held to prevent the enforced compliance with the provision of this chapter.