[1969 Code § 37-71; Ord. No. 82-10; Ord. No. 11-14]
The owner of any apartment complex within the Borough of Elmwood
Park which consists of 150 units or more shall be required to provide
security guard services upon the premises in accordance with the provisions
hereinafter set forth.
[1969 Code § 37-72; Ord. No. 82-10]
As used in this section:
Shall mean a structure containing two or more self-contained
groups of rooms which are designed, constructed and used as dwelling
units, each of which is set apart from other units or portions of
said structure by way of a separate entranceway.
Shall mean two or more apartment buildings under common ownership
and management which situated on one lot or also on an adjacent lot
and operated as a single entity.
[1969 Code § 37-73; Ord. No. 82-10]
A minimum of one uniformed security guard shall be on duty between
the hours of 7:30 p.m. and 1:30 a.m., seven days per week, upon the
premises of each apartment complex to which this section applies.
During the hours aforesaid, each guard on duty shall make periodic
patrol and inspection of the premises and shall undertake all actions
necessary to assure the personal safety, privacy and protection of
the residents of each apartment complex and their guests.
[1969 Code § 37-74; Ord. No. 82-10]
All persons who shall be engaged by the owner of any apartment
complex shall be:
a.
A citizen of the United States;
b.
Able to read, write and speak the English language well and intelligently;
c.
Sound in body and of good health;
d.
Of good moral character;
e.
Not convicted of any criminal offense involving moral turpitude;
f.
As such security guard, shall have his fingerprints taken and they
shall be filed with the Chief of Police of the Borough; and
g.
As such security guard, prior to being engaged by said owner of the
apartment complex, shall be subject to an investigation and approval
by the Chief of Police of the Borough.
[1969 Code § 37-75; Ord. No. 82-10]
Failure to comply with the provisions of this section shall
result in the imposition of a fine in the amount of $100 upon the
owner of the apartment complex in which such violation occurs. Such
owner shall be subject to separate fines as aforesaid for each and
every day that any such violation continues.
[1969 Code § 47A-1; Ord. No. 74-9]
As used in this section:
Shall mean 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.
Shall mean any condition, dangerous or injurious to the health
or safety of the occupants of a building or occupants of neighboring
buildings, including but not limited to the following:
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.
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 68° 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
55° 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.
Shall mean any building or structure of one or more stories,
and any land appurtenant thereto and any portion thereof, in which
three or more dwelling units are occupied, or are intended to be occupied,
by three or more tenants 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."
[1969 Code § 47A-2; Ord. No. 74-9]
There is hereby established the Elmwood Park Multiple Dwelling
Emergency Commission, hereinafter referred to as the "Commission."
Its members shall be appointed by the Mayor with the advice and consent
of the Borough Council and shall serve without compensation at the
pleasure of the Mayor and Council. The membership of the Commission
shall consist of the Health Officer, the Construction Code Official,
the Chairman of the Board of Health, the Plumbing Subcode Official,
one member of the Borough Council who shall be Chairman, and the Borough
Administrator, ex officio. Any conduct or action of the Commission
authorized by this section shall be deemed valid and effective when
taken by any three members of the Commission. At any meeting of the
Commission, a quorum shall consist of a majority of the membership
of the Commission.
[1969 Code § 47A-3; Ord. No. 74-9]
The duties of the Commission shall consist of the following:
a.
Receiving, administering and expending security funds deposited pursuant
to the terms of this section.
b.
Examining those circumstances and conditions alleged to constitute
emergency conditions and declaring, where applicable, an emergency
condition to exist.
c.
Arranging, in accordance with the terms of this section, for the
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.
[1969 Code § 47A-4; Ord. No. 74-9]
The owner of a multiple dwelling shall deposit with the Commission
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 Commission shall be
computed in the following manner:
a.
Where the owner owns and offers for rental between three and 26 dwelling
units, the owner shall deposit $100 for each dwelling unit.
b.
Where the owner owns and offers for rental between 26 and 40 dwelling
units, the owner shall deposit $2,500 for the 25 units and $50 for
each additional dwelling unit owned.
c.
Where the owner owns and offers for rental more than 40 dwelling
units, the owner shall deposit $2,500 for the first 25 units, $50
per unit for the next 15 units, and $30 per unit for each additional
dwelling unit.
d.
In no event shall an owner be required to deposit more than $5,000
in security funds pursuant to this section. All funds required to
be deposited under the terms of this section shall be deposited with
the Commission by delivering such funds to the office of the Construction
Official within 10 days after receipt of notice from the Commission
of the amount due. Notice of the amount due may be given by the Commission
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 registered address.
Upon receipt of such security funds, the Commission shall deposit
same in an interest-bearing savings account in the name of the Commission
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 Commission, except that the Borough of Elmwood Park
shall be entitled to receive as administration expenses a sum equivalent
to 1% per annum of said interest rate thereon, which shall be in lieu
of all other administration and custodial expenses.
[1969 Code § 47A-5; Ord. No. 74-9]
In the event the Commission spends money from any account, as authorized by this section, thus reducing the amount in the account and leaving less than the sum required as computed in subsection 12-2.4, the Commission shall immediately notify the owner, in the same manner of notification as given in subsection 12-2.4, 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 Commission and within the following time schedule:
a.
Where the balance remaining in the owner's account is more than
$1,500, the deposit shall be made within 30 days from the date the
owner received notice.
b.
Where the balance remaining in the account is $1,500 or less, the
deposit shall be made within five days from the date the owner received
notice.
[1969 Code § 47A-6; Ord. No. 74-9]
The Commission 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, and
b.
The remedying of such emergency condition is the owner's responsibility,
and
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 either the Commission or an affected
tenant in person or by regular mail, telegram or telephone conversation,
and
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 24 hours after the owner or the owner's
agent, servant, employee or joint venturer has received notice as
described in paragraph c of the circumstances and conditions constituting
the emergency condition, or
e.
Where work was commenced within the twenty-four-hour period referred
to in paragraph d, but such work has not been reasonably completed
within 72 hours after the work was commenced, and such work, under
the applicable circumstances and in the opinion of the Health Officer
or the Construction Official could have been completed within 72 hours.
Any such withdrawal and expenditure of security funds by the Commission
shall require the signatures of any two members of the Commission.
