[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 13-4 of the 1993 Revised General Ordinances]
There is hereby established the Delran Multiple Dwelling Emergency Commission, hereinafter referred to as the "Commission."
Its members shall be appointed by the Mayor with the advice and consent of the Council and shall serve without compensation at the pleasure of the Mayor and Council. The membership of the Commission shall consist of two residents of the Township, the Construction Official, one member of the Township Council and a representative of the Department of Health.
Any conduct or action of the Commission authorized by this article shall be deemed valid and effective when taken by any three members of the Commission.
At any meeting of the Commission, a quorum shall consist of a majority of the membership of the Commission.
The duties of the Commission shall consist of the following:
Receiving, administering and expending security funds deposited pursuant to the terms of this article.
Examining those circumstances and conditions alleged to constitute emergency conditions and declaring, where applicable, an emergency condition to exist.
Arranging, in accordance with the terms of this article, for the prompt repair, maintenance, supply or replacement of those items of structure, equipment or supplies which are necessary to correct, eliminate or alleviate the emergency condition.
The owner of a multiple dwelling shall deposit with the Commission security funds to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies which are necessary to correct, eliminate or alleviate an emergency condition. The amount of the security funds to be deposited with the Commission shall be computed in the following manner:
Where the owner owns between four and 25 dwelling units, the owner shall deposit $25 for each dwelling unit.
Where the owner owns between 26 and 200 dwelling units, the owner shall deposit $625 for the first 25 units and $15 for each additional dwelling unit owned.
Where the owner owns more than 200 dwelling units, the owner shall deposit $3,250 for the first 200 units and $10 per unit for each additional dwelling unit.
In no event shall an owner be required to deposit more than $10,000 in security funds pursuant to this article.
All funds required to be deposited under the terms of this article shall be deposited with the Commission by delivering such funds to the Commission within 10 days after receipt of notice from the Commission of the amount due. Notice of the amount due may be given by the Commission or its agent by personally delivering the same to the owner, or the owner's agent, servant, employee or joint venturer on the owner's premises, or by certified mail sent to the owner's last registered address. Upon receipt of such security funds, the Commission shall deposit the same in an interest-bearing savings account in the name of the Commission in trust for each particular owner. All interest payable on such accounts shall accrue to the particular owner on whose behalf the account is maintained by the Commission. The Commission may expend up to 1% of the trust fund per year for administration expenses, including bank charges, postage, stationary, secretarial services, court reporter charges, engineering and legal services and other professionals as necessary to perform its duties, all to be paid by voucher, a copy of which shall be provided to the owner of the trust fund.
The Commission shall be authorized to expend the moneys from the account it maintains for an owner to correct, eliminate or alleviate an emergency condition only when:
It has examined those circumstances and conditions alleged to constitute an emergency condition and has declared an emergency condition to exist; and
The remedying of such emergency condition is the owner's responsibility; and
The owner or owner's agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the Commission or an affected tenant in person or by regular mail, telegram or telephone conversation; and
No work has been commenced by the owner or the owner's agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within 24 hours after the owner or the owner's agent, servant, employee or joint venturer has received notice of the circumstances and conditions constituting the emergency condition; or
Where work was commenced within the twenty-four-hour period, but such work has not been reasonably completed within 72 hours after the work was commenced, and such work, under the applicable circumstances and in the opinion of the Construction Official, could have been completed within 72 hours.
Any such withdrawal and expenditure of security funds by the Commission shall require the signatures of any two members of the Commission.
Expenditure of funds, reimbursement. In the event the Commission spends money from any account, as authorized by this article, thus reducing the amount in the account and leaving less than the sum required, as computed in § 269-3, the Commission shall immediately notify the owner of the amount necessary to bring that account up to the originally required amount with the Commission and within the following time schedule:
Where the balance remaining in the owner's account is more than $1,500, the deposit shall be made within 30 days from the date the owner received notice.
Where the balance remaining in the account is $1,500 or less, the deposit shall be made within five days from the date the owner received notice.
Appeals. Where the Commission has spent money from an account, the owner of the premises may appeal to the Mayor and Council for a hearing concerning solely the issues of whether an emergency condition exists and whether the amount expended to remedy the emergency condition is reasonable. If such appeal is desired, the owner shall, within 10 days of receiving notice of the amount spent, file with the Township Clerk a letter requesting such appeal. The Mayor and Council shall hold a hearing regarding the aforementioned issues not less than 10 nor more than 30 days after the Township Clerk has received the request from the owner, and they shall render their decision within 14 days after the hearing has been concluded. By mutual consent between the Mayor and Council and an aggrieved party, the time limitations herein stated may be extended.
In applying and interpreting this article, the following requirements as to the operation of multiple dwelling facilities shall be observed by owners and operators thereof, and, further, the following definitions shall also be used:
- DWELLING UNIT
- Any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied, for sleeping, dwelling or residence purposes by one or more persons.
- EMERGENCY CONDITION
- The following standards relating to the operation of multiple dwellings shall be observed by owners and operators and any of the following conditions, if not met, are hereby defined as a condition dangerous or injurious to the health or safety of the occupants of a dwelling or occupants of neighboring buildings:
- A. Lack of adequate ventilation or light.
- B. Lack of adequate and properly functioning sanitary facilities.
- C. Lack of adequate and healthful water supply.
- D. Structural, mechanical or electrical defects which increase the hazards of fire, accident or other calamity.
- E. Failure to furnish heat for every occupied room in such building or portion thereof so that a minimum temperature of 70 degrees Fahrenheit shall be maintained therein at all times between the hours of 6:00 a.m. and 11:00 p.m. and a minimum temperature of 65 degrees Fahrenheit between the hours of 11:00 p.m. and 6:00 a.m. of each and every day from the first day of October in each year to the first day of June of the succeeding year, and at all other times when the street temperature shall fall below 55 degrees Fahrenheit.
- F. Lack of maintenance of private drives and roads to the extent that their condition presents a hazard to those required to utilize them.
- MULTIPLE DWELLING
- Any building or structure of one or more stories, and any land appurtenant thereto and any portion thereof, in which four or more dwelling units are occupied, or are intended to be occupied by four or more persons who live independently of each other. Premises which are used primarily for purposes other than sleeping, dwelling or residence shall not be considered a "multiple dwelling."
Any person found guilty of violating any of the provisions of this article shall be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code. Each day that a violation occurs shall be considered a separate offense.
[Adopted as Sec. 13-5 of the 1993 Revised General Ordinances]
The owner of any building leased for residential purposes shall annually register the building and each unit leased for residential purposes with the Construction Official on the form provided in the office of the Construction Official. No fee is required for the annual registration required by this article. The owner shall be required to list on the registration form his or her home address and the telephone number where either he or she, or an agent authorized to act in his or her behalf with reference to maintenance and management of the building, can be contacted both during normal business hours and for emergency matters. Where the owner of the building is a corporation or partnership, the registration form shall disclose the names, home addresses and telephone numbers of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. In addition, with reference to a corporation, the address of the corporation and its registered agent shall be provided.
The registration form shall also require the owner to list the total number of units rented for residential purposes, the number of persons living in each dwelling unit, the number of rooms in each dwelling unit and the square footage of each dwelling unit.
Upon completion of the registration form and payment of the registration fee, the Construction Official shall cause an inspection to be made to ensure compliance with the minimum housing code standards ordinance and all other applicable ordinances of the Township. Upon compliance with the standards set forth in this article, a certificate of continued occupancy shall be issued.
Within 48 hours of change in ownership, the new owner shall be required to fulfill the registration requirements set forth hereinbefore.
The annual registration requirement shall be filed by January 15 of each succeeding year.
For violation of any provision of this article, the penalty shall be as provided in § 1-5, Violations and penalties, of this Code.