As used in this article, 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 or safety
of the occupants of a building or the occupants of neighboring buildings,
which arises out of any of the following circumstances or conditions
not limited to conditions caused by the landlord's failure to repair:
Lack of adequate ventilation or light.
Lack of adequate and properly functioning sanitary facilities.
Lack of adequate and potable water supply.
Structural, mechanical or electrical defects which increase
the hazards of fire, accident or other calamity.
From October 1 of each year to the next succeeding May 1, every
unit of dwelling space and every habitable room therein shall be maintained
at a temperature of at least 68 degrees Fahrenheit between the hours
of 6:00 A.M. and 11:00 P.M. and at least 65 degrees Fahrenheit between
the hours of 11:00 P.M. and 6:00 A.M. The heating system shall be
capable of maintaining the minimum required temperature in all habitable
rooms without the necessity of heating adjoining rooms more than 5
degrees higher than said minimum required temperature. The design
of the heating system shall conform to the ASHRAE Guide and Data Book.
The heating standard herein set forth may be modified by the Commissioner
by emergency rule. 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.
[N.J.A.C. 5:10-14.4; Ord. No. 53-2014]
Any building or structure of one or more stories and any
land appurtenant thereto and any portion thereof in which 3 or more
dwelling units are occupied or are intended to be occupied by 3 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."
[N.J.S.A. 55:13A-3; Ord. No. 53-2014]
[Ord. No. 53-2014]
The duties of the Health Officer shall consist of the following:
A.
Receiving, administering and expending security funds deposited pursuant
to the terms of this chapter.
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 chapter, 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.
[Ord. No. 53-2014]
A.
The owner of a multiple dwelling shall deposit with the Township
of Wayne 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
Township of Wayne shall be computed in the following manner:
(1)
Where the owner owns between three 3 and 25 dwelling units, the owner
shall deposit $100 for each dwelling unit.
[Ord. No. 53-2014]
(2)
Where the owner owns between 26 and 40 dwelling units, the owner
shall deposit $2,500 for the first 25 units and $50 for each additional
dwelling unit owned.
(3)
Where the owner owns 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.
B.
In no event shall an owner be required to deposit more than $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 Township of Wayne by delivering such funds to the office of the
Department of Health of the Township of Wayne within 10 days after
receipt of notice from the Township of Wayne of the amount due. Notice
of the amount due may be given by the Township of Wayne 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 Township of Wayne shall deposit same in an
interest-bearing savings account in the name of the Township of Wayne
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 Township of Wayne.
[Ord. No. 53-2014]
A.
In the event the Township of Wayne spends 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 § 99-25 of this chapter, the Health Officer shall immediately notify the owner, in the same manner as notification is given in § 99-25 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 Township of Wayne and within the following time schedule:
(1)
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 receives
notice.
(2)
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 receives
notice.
B.
Where the Township of Wayne has spent money from an account, the
owner of the premises may appeal to the Council for a hearing concerning
solely the issues of:
(1)
Did an emergency condition exist, and
(2)
Was the amount expended to remedy the emergency condition reasonable.
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If such appeal is desired, the owner shall, within 10 days of
receiving notice of the amount spent, file with the Township Clerk
a letter requesting such appeal. The Council shall hold a hearing
regarding the aforementioned issues not less than 10 nor more than
30 days after the Township Clerk has received the request from the
owner, and it shall render a decision within 14 days after the hearing
has been concluded. By consent between the Council and an aggrieved
party, the time limitations herein stated may be extended.
|
[Ord. No. 53-2014]
A.
The Township of Wayne 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:
(1)
It has examined those circumstances and conditions alleged to constitute
an emergency condition and has declared that said emergency condition
exists.
(2)
The remedying of such emergency condition is the owner's responsibility.
(3)
The owner or the owner's agent, servant, employee or joint venturer
has received written notice of the circumstances or conditions constituting
the emergency condition from the Health Officer or an affected tenant
and by personal service to the registered agent, manager or employee
on the premises or by certified mail.
(4)
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 Subsection A(3) of this section of the circumstances and conditions constituting the emergency condition.
(5)
Work was commenced within the twenty-four-hour period referred to in Subsection A(4) but such work has not been reasonably completed within 24 hours after the work has commenced, and such work, under the applicable circumstances and in the opinion of the Health Officer, could have been completed within 24 hours.
B.
Any such withdrawal and expenditure of security funds by the Township
of Wayne shall require the signature of the Health Officer.
