The Borough Council has found that although
most tenants of multiple dwellings must post security funds with their
landlord in order to guarantee such tenants' performance pursuant
to the terms of their lease with their landlord, the landlords do
not post security funds to guarantee their performance of their respective
duties as landlords; and the Borough Council finds that there have
existed and do exist many instances where landlords of multiple dwellings
have failed to provide essential services, make necessary repairs
or provide needed maintenance of structures or equipment, many of
which failures create emergency situations which pose an immediate
threat to the health, safety and welfare of citizens of the Borough
who are tenants of such multiple dwellings, and the Borough Council
is authorized, pursuant to N.J.S.A. 40:48-2, to enact and enforce
such ordinances, regulations and rules, not contrary to the laws of
this State or of the United States, necessary and proper for the protection
of persons and for the preservation of the health, safety and welfare
of the inhabitants of this Borough.
As used in this article, the following terms
shall have the meanings indicated:
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. Premises which are used primarily for purposes
other than sleeping, dwelling or residence purposes shall not be considered
a dwelling unit.
EMERGENCY CONDITION
Any condition, dangerous or injurious to the health or safety
of the occupants of a dwelling unit or occupants of neighboring dwelling
units, which arises out of any of the following circumstances or conditions:
A.
Lack of adequate ventilation or light.
B.
Lack of adequate and properly functioning sanitary
facilities.
C.
Water.
(1)
Lack of adequate or healthful water supply.
(2)
Failure to supply hot water at a temperature
of at least 145º F.
D.
Structural, mechanical or electrical defects
which increase the hazards of fire, accident or other calamity.
E.
From October 1 of each year until the next succeeding
May 1, failure to maintain every unit of dwelling space and every
habitable room therein at a temperature of at least 68º F. whenever
the outside temperature falls below 55º F. during the daytime
hours of 6:00 a.m. to 11:00 p.m., or failure to maintain every unit
or dwelling space and every habitable room therein at a temperature
of at least 65º F. whenever the outside temperature falls below
40º F. during the nighttime hours of 11:00 p.m. to 6:00 a.m.
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.
MULTIPLE DWELLING
Any building or structure, and any land appurtenant thereto,
containing four or more dwelling units rented, leased or offered for
rent or lease, including dwelling units converted to condominiums
or cooperatives, excepting motels and hotels.
In conjunction with any conduct or action of
the Commission authorized within this article, every owner of a multiple
dwelling shall furnish or cause to be furnished to the Commission,
within 12 hours after receipt of a written request, legible copies
of each and every report, statement or document prepared by a person
or entity which has examined the circumstances and conditions alleged
to constitute an emergency condition. Each owner of a multiple dwelling
shall confirm in advance that whoever is summoned by the owner, or
the owner's agent, servant, employee or joint venturer, shall immediately
furnish to the owner a written evaluation of such examination and/or
description of services rendered, which description shall include
parts replaced. This obligation to transmit written materials to the
Commission shall be a continuing one, the Commission not being required
to repeatedly send written requests to the owner.
In the performance of its duties and subsequent
to notice to the owner, the Commission is hereby empowered to retain
an independent consultant, to be compensated from the owner's account,
where the Commission has not been supplied adequate information to
evaluate alleged emergency conditions or to determine whether work
should have been reasonably completed within 72 hours after commencement
thereof.
The Commission shall prepare and submit annually to the Borough Council a status report of each security fund account, evaluating compliance of each owner account with the deposit requirements of §§
321-4 and
321-5, as well as describing actions taken by the Commission and the reasons therefor.