[HISTORY: Adopted by the City Council of the City of Orange 1-15-74 by Ord. No. 2-74. Amendments noted where applicable.]
[Amended 3-6-2018 by Ord. No. 6-2018]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any condition dangerous or injurious to the health, safety
or welfare of the occupants of a dwelling unit, multiple dwelling
or the occupants of neighborhood buildings which arises out of any
of the following circumstances or conditions:
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.
Except in senior citizen buildings, 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 70° F. whenever the outside temperature falls below 55°
F. during the daytime hours of 6:00 a.m. to 11:00 p.m. or failure
to maintain every unit of dwelling space and every habitable room
therein at a temperature of at least 68° F. whenever the outside
temperature falls below 40° F. during the nighttime hours of 11:00
p.m. to 6:00 a.m. In senior citizen buildings, 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 74° F. whenever the outside temperature falls below
55° F. during the daytime hours of 6:00 a.m. to 11:00 p.m. or
failure to maintain every unit of dwelling space and every habitable
room therein at a temperature of at least 74° F. whenever the
outside temperature falls below 40° 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.
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 by four or more persons who live
independently of each other. Premises which are used primarily for
purposes other than sleeping, dwelling or residence purposes shall
not be considered a "multiple dwelling."
The owner of a multiple dwelling located in the City of Orange
shall deposit with the Rent Leveling Board 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 Board shall be computed in the following
manner:
A.
The owner of a multiple dwelling containing between four (4) and
twenty-five (25) units shall deposit one hundred twenty-five dollars
($125.) for each dwelling unit.
B.
The owner of a multiple dwelling containing between twenty-six (26)
and forty (40) dwelling units shall deposit two thousand five hundred
dollars ($2,500.) for the first twenty-five (25) units and fifty dollars
($50.) for each additional dwelling unit.
C.
The owner of a multiple dwelling containing more than forty (40)
dwelling units shall deposit two thousand five hundred dollars ($2,500.)
for the first twenty-five (25) units, fifty dollars ($50.) per unit
for the next fifteen (15) units and thirty dollars ($30.) per unit
for each additional dwelling unit.
D.
In no event shall an owner be required to deposit more than five
thousand dollars ($5,000.) in security funds pursuant to this chapter.
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 Board within ten (10) days after receipt of notice from
the Board of the amount so due. Notice of the amount due shall be
given by the Board or its agent by personally delivering 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 known address. Upon receipt of such security funds, the Board
shall deposit same in an interest-bearing savings account at financial
institutions within the City of Orange in the name of the Board 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 Board.
E.
Said deposit shall be in cash or certified check, except that in
lieu of the owner or a landlord depositing cash, said owner or landlord
may deposit a personal recognizance bond or performance bond in the
amount of his required cash deposit, said bond to run to the benefit
of the City of Orange, and said bond to be approved as to form and
substance by the office of the City Attorney.
In the event that the Board expends money from any account, as authorized by this chapter, thus reducing the amount in the account and leaving less than the sum required as computed in § 173-2 of this chapter, the Board shall immediately notify the owner in the same manner as notification is given in § 173-2 of this chapter, of the amount necessary to bring that account up to the originally required amount. The owner shall thereafter deposit said required sum necessary to bring the account up to the originally required amount with the Board and within the following time schedule.
A.
Where the balance remaining in the owner's account is more than
one thousand five hundred dollars ($1,500.), the deposit shall be
made within thirty (30) days from the date the owner received notice.
B.
Where the balance remaining in the account is one thousand five hundred
dollars ($1,500.) or less, the deposit shall be made within five (5)
days from the date the owner received notice.
Where the Board has spent money from an account, the owner of
the premises may appeal to the City Council of the City of Orange
for a hearing concerning solely the issues of whether an emergency
condition did exist and whether the amount expended to remedy the
emergency condition was reasonable. If such appeal is desired, the
owner shall, within ten (10) days of receiving notice of the amount
spent, file with the City Clerk of the City of Orange a letter requesting
such appeal. The City Council of the City of Orange shall hold a hearing
regarding the aforementioned issues not less than ten (10) nor more
than thirty (30) days after the City Clerk has received the request
from the owner, and it shall render its decision within fourteen (14)
days after the hearing has been concluded. By mutual consent between
the City Council of the City of Orange and an aggrieved party, the
time limitations herein stated may be extended.
The Board 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:
A.
It has examined those circumstances and conditions alleged to constitute
an emergency condition and has declared an emergency condition to
exist.
B.
The remedying of such emergency condition is the owner's responsibility.
C.
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 the Board in person or by regular mail,
telegram or telephone conversation.
D.
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 twenty-four (24) hours after the owner or the owner's agent, servant, employee or joint venturer has received notice as described in Subsection C of this section of the circumstances and conditions constituting the emergency condition.
E.
Where work was commenced within the twenty-four-hour period referred to in Subsection D of this section, but such work has not been reasonably completed within seventy-two (72) hours after the work was commenced, and such work, under the applicable circumstances and in the opinion of the Health Officer or the Public Officer, could have been completed within seventy-two (72) hours.
[Amended 5-18-1982 by Ord. No. 16-82]
Any person, firm, association or persons or corporation found
guilty of violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding five hundred
dollars ($500.) or imprisonment for not more than ninety (90) days,
or both. Each day that a violation occurs shall be considered a separate
offense.
