The purpose of this chapter shall be to implement the Emergency Fuel
Oil Delivery Act contained in Chapter 170, of the Laws of 1980, and the powers, duties and immunities set forth therein are specifically
reserved hereby.
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."
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.
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.