[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood
3-17-81 as Ord. No. 805. Amendments noted where applicable.]
GENERAL REFERENCES
Heating of dwellings — See Ch. 198.
The purpose of this chapter shall be to implement the Emergency Fuel
Oil Delivery Act contained in Chapter 170, of the Laws of 1980,[1] and the powers, duties and immunities set forth therein are specifically
reserved hereby.
[1]
Editor's Note: See N.J.S.A. 26:3-34.4.
This chapter shall apply to all residential rental properties except
owner-occupied residential rental properties containing five units or less.
The Construction Code Official is hereby designated to be the municipal
official empowered to implement the terms hereof and is hereinafter referred
to as the "local official."
A.
Whenever necessary to protect the health and safety of
residential tenants, the local official shall 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 oil 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 a 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.
B.
For the purposes aforesaid, it shall suffice for any
local action if the bona fide attempt by the tenant has been made without
appropriate landlord action or if said bona fide attempt to contact the landlord
has been made and met without success due to the unavailability of the landlord
or his designated agent.
C.
For the purposes hereof, "lack of heat" shall mean maintaining
less heat than required by N.J.S.A. 26:3-31 as follows: that from October
1 of each year to the next succeeding May 1, every unit of dwelling space
and every habitable room therein shall be maintained at least at 68° F.
whenever the outside temperature falls between 55° F. 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 55° F. whenever
the outside temperature falls below 40° F.
Any fuel-oil dealer who delivers fuel oil or refires the burner in accordance
with this chapter may bill the landlord directly, or the Borough of Maywood
may issue a voucher to the fuel-oil dealer who delivered the fuel oil for
the money amount due for the fuel oil delivered and the service charge for
refiring the burner, if any. It shall be the obligation of the fuel-oil dealer
to attempt to bill the landlord directly prior to submission of a voucher,
but in the event that the landlord shall fail to pay the fuel-oil dealer within
30 days of receipt of the bill, the borough shall honor the voucher of the
fuel-oil dealer and shall pay said claim in the manner provided for the approval
of payment of claims pursuant to N.J.S.A. 40A:5-17.
A.
Penalty. Any landlord or his agent whose negligence or
failure to act results in municipal action pursuant to this chapter shall
be liable to a civil penalty of not more than $300 for each affected dwelling
unit in the residential property.
B.
Enforcement. Penalties as aforesaid shall be recoverable
by the Borough of Maywood in a civil action by summary proceedings under the
Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Such action to collect or
enforce penalties shall be brought in the Superior Court. County District
Court or Municipal Court.
C.
Disposition of penalty. Any penalties recovered pursuant
to this chapter shall be paid to the Borough of Maywood to be used for general
municipal purposes as provided by statute.
D.
Additional remedies. In any penalty enforcement proceeding
brought hereunder, the borough shall, pursuant to law, demand that the landlord
or his agent reimburse the borough for the actual costs incurred for any fuel
oil delivered and the service charge in refiring the burner, if any, and for
reasonable attorney's fees and costs. The borough shall further request,
in accordance with law, any appropriate injunctive orders and authorization
for immediate collection of reimbursable costs due the borough out of the
goods and chattels of the landlord, including all sums due or which may come
due as present or future rents.
Neither the Borough of Maywood, the local official nor the employees
or agents of the borough shall 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 borough be held liable for damages from the lack of heat in any
residential property.
