[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville: Art. I, 12-29-77 as Ord. No. 826; Art. II, 11-6-95 as Ord. No. 2004. Amendments noted where applicable.]
[Adopted 12-29-77 as Ord. 826]
When the owners of buildings designed to be occupied, or occupied, as a residence by more than two (2) families have agreed to supply heat from October 1 of each year to the next succeeding May 1, it shall be a violation of this Article unless every unit of dwelling space and every habitable room therein shall be maintained at least sixty-eight degrees Fahrenheit (68°F.) whenever the outside temperature falls below fifty-five degrees Fahrenheit (55° F.) during daytime hours from 6:00 a.m. to 11:00 p.m. At times other than those specified, interiors of units of dwelling space shall be maintained at least sixty degrees Fahrenheit (60° F.) whenever the outside temperature falls below forty degrees Fahrenheit (40° F.).
Failure to so maintain the dwelling unit shall be a violation of this Article. Upon failure to provide heat as herein required, the owner of said unit or units shall be deemed to have violated this Article.
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 exterior of the building.
The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space, and the said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
The Health Officer and Sanitarian shall be and they hereby are authorized to enforce this Article.
Any person who violates any provision of this Article or any order promulgated under this Article shall, upon conviction thereof, be liable to a penalty of not less than ten dollars ($10) nor more than five hundred dollars ($500) for each violation. Each day a particular violation continues shall constitute a separate offense. Each dwelling unit with a particular violation for a day or any part of a day shall constitute a separate offense.
In the event that any person engages in a pattern or practice of violations continuing over a period of seventy-two (72) hours, or any portion of said time period, or upon the conviction of a person for at least three (3) separate violations on at least three (3) separate dates, the Health Officer and Sanitarian shall be and they hereby are authorized to apply to a court of competent jurisdiction for a court order to abate any violations and/or to enjoin future violations of said Article.
If any act, regulation or decree by the State of New Jersey or the United States of America or any department or agency thereof shall be determined to have superseded any part or portion of this Article, then and in that event any portion of this Article not superseded by or inconsistent with said act, regulation or decree shall be enforced as authorized herein.
[Adopted 11-6-95 as Ord. No. 2004]
Each multiple dwelling unit or apartment located in the Borough of Somerville shall file a Certificate of Registration with the Municipal Code Enforcement Officer pursuant to the State of New Jersey Certificate of Registration Statute N.J.S.A. 46:8-28.
The landlord of each multiple dwelling unit or apartment located in the Borough of Somerville shall prepare leases which set forth, at a minimum:
The information contained in such lease shall be provided to all borough officials and agencies including, but not limited to the borough schools to verify proof of residence prior to enrollment. The definition of any and all terms relevant to this Article shall be the same as set forth in the State of New Jersey Multiple Dwelling Law, N.J.S.A. 55:13a-3 and are specifically incorporated herein by reference.