[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]
A.
There is hereby established the Delran Multiple Dwelling
Emergency Commission, hereinafter referred to as the "Commission."
B.
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.
C.
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.
D.
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:
A.
Receiving, administering and expending security funds
deposited pursuant to the terms of this article.
B.
Examining those circumstances and conditions alleged
to constitute emergency conditions and declaring, where applicable,
an emergency condition to exist.
C.
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.
A.
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:
(1)
Where the owner owns between four and 25 dwelling
units, the owner shall deposit $25 for each dwelling unit.
(2)
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.
(3)
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.
(4)
In no event shall an owner be required to deposit
more than $10,000 in security funds pursuant to this article.
B.
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.
A.
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:
(1)
It has examined those circumstances and conditions
alleged to constitute an emergency condition and has declared an emergency
condition to exist; and
(2)
The remedying of such emergency condition is the owner's
responsibility; and
(3)
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
(4)
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
(5)
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.
B.
Any such withdrawal and expenditure of security funds
by the Commission shall require the signatures of any two members
of the Commission.
A.
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:
(1)
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.
(2)
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.
B.
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:
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.
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:
Lack of adequate ventilation or light.
Lack of adequate and properly functioning sanitary
facilities.
Lack of adequate and healthful water supply.
Structural, mechanical or electrical defects
which increase the hazards of fire, accident or other calamity.
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.
Lack of maintenance of private drives and roads
to the extent that their condition presents a hazard to those required
to utilize them.
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.
[1]
Editor's Note: Former Art. II, Registration of Residential
Rental Units, adopted as Sec. 13-5 of the 1993 Revised General Ordinances,
as amended 8-7-2005 by Ord. No. 2005-25, was repealed 8-13-2019 by Ord. No. 2019-13.
