[Adopted 2-3-1981 by Ord. No. 680-81 (Ch. 154 of the 1975
Code)]
[Amended 2-4-1992 by Ord. No. 979-92]
A.
The Mayor and Council hereby designates the Construction Official
and, in his absence, the Borough Clerk of the Borough of Edgewater
to act as agent for a landlord in engaging a fuel oil dealer to deliver
fuel oil at a reasonable price per gallon and to refire the 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° and 55° F. inclusive,
or at least four hours have elapsed if the outside air temperature
is 32° F. or less, since the tenant has lodged a complaint with
any municipal officer or agency, prior to which time a bona fide effort
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 to restore heat to the premises. As used herein and hereinafter,
"lack of heat" means maintaining less heat than required by N.J.S.A.
26:3-31.
B.
In addition, the Mayor and Council hereby designate the officials referred to in Subsection A of this section to engage or retain such other contractors as are necessary to restore the proper heat of any residential property of a landlord, provided that the time periods and temperature requirements referred to in Subsection A have been satisfied, together with the notice requirements detailed therein.
[Amended 2-4-1992 by Ord. No. 979-92]
Any fuel oil dealer or contractor who delivers fuel oil, refires the burner or makes such other repairs as are necessary to restore proper heating of any residential property in accordance with § 335-1 of this article may bill the landlord directly or, in the alternative, the Borough of Edgewater may issue a voucher to the fuel oil dealer or contractor who delivered the fuel oil, refired the burner or made such repairs or provided such other services as necessary to restore proper heating to a residential property. Upon the issuance of such a voucher for the fuel oil delivered or services rendered, the voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
[Amended 9-20-2010 by Ord. No. 1439-2010]
Any landlord or his agent whose negligence or failure to act results in municipal action, as set forth in § 335-1 of this article, shall be liable to a civil penalty for not more than provided for in Chapter 1, Article II, General Penalty, for each affected dwelling unit in the residential property. The municipality may recover such penalty in a civil action in summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). Any action to collect or enforce any such penalty shall be brought in the court having jurisdiction over such action, and the amount thereof shall be paid to the municipality to be used for general municipal purposes.
The Borough shall not be liable for any damages to any person
or property in enforcing the provisions of this article, 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 the residential property.
The provisions of this article shall not apply to owner-occupied
residential rental properties containing five units or less.
Whenever the provisions of this article impose a higher standard
than that set forth in any other local ordinances or under the laws
of the State of New Jersey, then the standard as set forth herein
shall prevail, but if the provisions of this article shall impose
a lower standard than the higher standards contained in any such other
ordinance or state law, then the higher standard contained in any
other such ordinance or law of the State of New Jersey shall prevail.
