[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 7-28-1976 by Ord. No. 7-76; amended in its entirety 12-4-2013 by Ord. No. 22-2013. Subsequent amendments noted where applicable.]
A. 
There is hereby established a Borough of Eatontown Multiple Dwelling Board, hereinafter referred to as the "Board." The membership of the Board shall consist of 11 members who shall serve terms of one year. They shall be the Borough Administrator of the Borough of Eatontown; the Borough Engineer; the Borough Construction Official, the Housing Code Official; a member of the local Board of Health for the Borough of Eatontown; two tenants, one of whom will be a member of the Tenants Rights Committee and both selected and designated by the Mayor subject to Council approval; two landlords, selected by the Mayor with Council approval; and two residents of the Borough of Eatontown at large selected by the Mayor with the consent of Council. The Housing Code Official shall serve as Chairman. Minutes shall be taken of the Board meetings by order of the Chairman and posted in accordance with the Open Public Meetings Act.[1] Any conduct or action of the Board authorized by this chapter shall be deemed valid and effective when taken by any six members of the Board. At any meeting of the Board, a quorum shall consist of a majority of the membership of the Board.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B. 
Duties of the Board shall consist of the following:
(1) 
Supervision of the security funds/relocation assistance funds deposited pursuant to the terms of this chapter, including but not limited to the receiving, administering and expending of the same;
(2) 
Examining those circumstances and conditions alleged to constitute emergency conditions and declaring, where applicable, an emergency condition to exist;
(3) 
Arranging, in accordance with the terms in this chapter, for 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 should the Board choose this subsection as a remedy in any given situation; and/or
(4) 
Arranging, in accordance with the terms in this chapter for relocation to be determined by the Board in terms of length and place of relocation and make fair and reasonable relocation payments to displaced persons subject to and in accordance with the provisions of the Relocation Assistance Act as it applies to tenants under N.J.S.A. 20:4-6.
A. 
The owner, proprietor, manager or other responsible person or company (hereinafter referred to as "owner") of a multiple dwelling shall deposit with the Board security funds. These funds are 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 so declared pursuant to the provisions of this chapter and/or to provide relocation assistance in accordance with § 214-1B(4) of this chapter.
B. 
The amount of the security funds to be deposited with the Board shall be computed in the following manner:
(1) 
Where the owner agrees that its security funds may be placed in a general fund that can be used to pay for emergency repairs for those properties whose owners do not have sufficient funds deposited pursuant to this chapter to pay for a specific emergency repair or relocation cost:
(a) 
Where the owner owns between four and 25 dwelling units, the owner shall deposit $50 for each unit.
(b) 
Where the owner owns over 25 units, the owner shall deposit $1,250 for the first 25 units and $25 for each additional dwelling unit owned.
(c) 
In no event shall an owner be required to deposit more than $3,000 in security funds pursuant to this chapter.
(d) 
In the event the general funds are required in addition to those on deposit to correct a specific emergency or provide specific relocation cost, the owner of the property so repaired or subject to relocation assistance.
(2) 
Where the owner does not agree that its security funds may be placed in a general fund that can be used to pay for emergency repairs for those properties whose owners do not have sufficient funds deposited pursuant to this chapter to pay for a specific emergency repair or relocation costs:
(a) 
Where the owner owns between four and 25 dwelling units, the owner shall deposit $100 for each unit.
(b) 
Where the owner owns over 25 units, the owner shall deposit $2,500 for the first 25 units and $50 for each additional dwelling unit owned.
(c) 
In no event shall an owner be required to deposit more than $6,000 in security funds pursuant to this chapter.
C. 
All funds required to be deposited under the terms of this chapter shall be deposited with the Board by delivering such funds to the office of the Borough Administrator in the Borough of Eatontown within 45 days after receipt of notice from the Board or its agent of the amount due. Notice of the amount due may be given by the Board or its agent by personally delivering same to the owner or owner's agent, server, employee, or a joint venturer on the owner's premises or by certified mail sent to the owner's last registered address as placed on file in the office of the Borough Clerk pursuant to law. Upon receipt of such security funds, the Board shall transmit such funds immediately to the Borough Treasurer. The Treasurer shall place the funds so received in an interest-bearing account in the name of the Borough in trust for each particular owner. All interest payable on such account shall accrue to the benefit of that particular account and shall be used for the further security for the purposes set forth in this chapter; provided, however, that at the end of the calendar year, all monies in excess of the maximum deposit required herein shall be returned to the owner.
D. 
Separate from all funds deposited from owners of multiple dwellings and in addition a separate account may be used by the Board to augment existing funds for relocation cost of displaced tenants which can be utilized in addition to those funds provided by the owners of multiple dwellings aforesaid and shall be considered the separate revolving Relocation Assistance Fund, which shall include the following sums of money, less any money required to be repaid to the State of New Jersey.
(1) 
Any relocation cost and interest thereon, paid by an owner who has been held liable for a civil or criminal penalty in the case of any displacement of persons by housing or construction code enforcement pursuant to N.J.S.A. 20:4-4.1;
(2) 
Any sums realized by the municipality upon enforcement of municipal liens or liquidation of any property acquired by virtue of enforcement pursuant N.J.S.A. 20:4-4.1;
(3) 
Any sums realized by the municipality relating to any relocation cost and the interest thereon, upon enforcement or liquidation of any property acquired by virtue of enforcement and collection pursuant to N.J.S.A. 20:4-4.2.
A. 
In the event that the Board spends money from an account as authorized by this chapter, thus reducing the amount in the account and leaving less than the sum required as computed in § 214-2 of this chapter, the Board shall immediately notify the owner, in the same manner as notification is given in § 214-2 of this chapter, of the amount necessary to bring the account up to the originally required amount. The owner shall thereafter deposit the required sum necessary to bring the account up to the originally required amount with the Board within 10 days from the date of the notice.
B. 
Where the Board has expended money from an account, the owner of the premises may appeal to the Borough Council of the Borough of Eatontown for a hearing. The issues which shall be the subject of appeals shall be limited to whether an emergency condition existed and whether the amount expended to remedy the emergency condition was reasonable. If such an appeal is desired, the owner shall, within 10 days of receiving notice of the amount expended, file with the Clerk of the Borough of Eatontown a letter requesting such an appeal. The Borough Council shall hold a hearing regarding the above 30 days from said request, and it shall render its decision within 14 days after the hearing is concluded subject to mutually agreed upon extensions of time, affording whatever relief in fines, if any, to be appropriate.
C. 
If at the end two full calendar years no funds are required to be expended from any individual account on that specific account, the owner may apply for the return of 25% of the principal so initially deposited to the Board, which may in its discretion and based upon the record presented to it by the owner and by the Borough agencies concerning the owner's maintenance records, return to the owner 25% of the principal so initially deposited together with all interest that has accrued thereon or on any portion of the landlord's deposit. The end of five full calendar years, if no funds have been expended for emergency from any individual account on account of that specific account, the owner may apply to the Board for an additional 25% of the original principal so deposited together with all accrued interest thereof, and the Board may, in its discretion based upon the record of the owner, return an additional 25% or any part thereof, but in no case more than the total of 50% of all funds deposited by the owner. The balance of the money shall at all times remain in the fund, except if the owner sells or otherwise transfers title to his property in which case all monies may be returned to the owner by the Treasurer, provided that the transferee deposits a like sum of money with the Board. However, if the property is not sold or otherwise transferred by the owner and if, after any return of funds pursuant to the provisions contained herein, an emergency occurs requiring the expenditure of funds by the Board, the owner shall not only return said funds so expended but shall also begin anew and deposit with the Borough as if it were a new owner first depositing pursuant to this chapter.
A. 
The Board shall be authorized to expend the monies from the security account necessary to correct, eliminate or alleviate an emergency condition and/or to provide relocation assistance after the following criteria have been met:
(1) 
Upon review and examination of those circumstances and conditions alleged to constitute an emergency condition, the Board has declared that an emergency condition exists; and
(2) 
The Board has determined that such emergency condition is the owner's primary responsibility to remedy; and
(3) 
The Board has ascertained that the owner or the owner's agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the Board or an affected tenant, and said notice to be by personal service to the registered agent or the manager or employee on the premises or by certified mail/RRR and regular mail or faxed or e-mailed letter to any of the above; and
(4) 
The Board has found that no work was commenced by the owner or the owner's agent, servant or employee within 24 hours after such owner or owner's agent, servant or employee receive notice from the Board and/or that the owner has failed to take action to relocate the tenant at the owner's sole cost and expense within 24 hours after such owner or owner's agent, servant or employee received notice from the Board, said notice advising that the Board has found that the requirement specified under Subsection A(1), (2) and (3) of this section have been met;
(5) 
The Board found that work was reasonably commenced within a twenty-four-hour period referred in Subsection A(4) of this section but the work was not reasonably completed within 72 hours after it was begun so as to eliminate the emergency condition and/or relocation assistance was not sufficient or adequate. It shall also be determined that the work, under the applicable circumstances, in the opinion of the Health Officer and/or Construction Official could have been completed within 72 hours and/or that the relocation assistance in the opinion of the Board was inadequate or insufficient.
B. 
Any withdrawal or expenditure of security funds by the Board shall require the signatures of any two members of the Board.
In applying and interpreting this chapter, the following definitions shall be used:
DWELLING UNIT
Any room or combination of rooms, including kitchen and toilet facilities, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for dwelling or residential purposes by one or more persons.
DISPLACED PERSON
Any person who, on or after the effective date of the Act moves from a multiple dwelling, or moves his personal property from a multiple dwelling as a result of a fire or other emergency condition and the damage resulting from said fire or emergency condition in the judgment of the Board renders the multiple dwelling unit uninhabitable.
EMERGENCY CONDITION
Any condition dangerous or injurious to the health or safety of the occupants of a building or occupants of neighboring buildings 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. 
Lack of an adequate and healthful water supply.
D. 
Structural, mechanical or electrical defects which increase the hazards of fire, accident or other calamity or create a security risk to the occupants therein.
E. 
Failure from October 1 of each year until the next succeeding May 1 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. and 11:00 p.m., or failure to maintain every unit of dwelling space and every habitable room therein at a temperature of at least 55º 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 from action by the occupants in leaving windows or doors open to the elements.
F. 
Infestation of bed bugs, roaches and other vermin or the existence of mold which in the opinion of the Health Official and/or Housing Official of the Board causes the unit to be uninhabitable.
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. The premises which are used primarily for purposes other than sleeping, dwelling or residence purpose shall not be considered a multiple dwelling.
A. 
If the Board actually spends money pursuant to § 214-3 from any account as authorized by this chapter, an administrative fee shall be imposed upon the subject owner in the amount of $500 for each time the Board must so act.
B. 
If, for any reason, the owner appeals the decision of the Board pursuant to this chapter, an administrative fee shall be imposed upon the owner for the appeal in the amount of $500 for each appeal.
C. 
As a result of the owner's noncompliance with a notice upon the owner, its agents, servants, employee or joint venturer that an emergency condition exists and that a unit has to be made habitable and/or the tenant or tenants legally occupying said unit need to be relocated and the owner fails in to act in accordance with this chapter and the Board sees fit to request the assistance of the Borough Attorney in implementing the intent and terms of this chapter and/or to provide representation upon appeal for which the Board's decision is affirmed, the owner shall also be responsible for reasonable attorneys fees and cost of any legal action necessary.
Any person, firm, association or persons or corporations found guilty of violating any provisions in this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days or any combination thereof. Each day that a violation occurs shall be considered a separate offense.