As used in this article, the following terms shall have the meanings indicated:
DWELLING UNIT
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.
EMERGENCY CONDITION
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:
A. 
Lack of adequate ventilation or light.
B. 
Lack of adequate and properly functioning sanitary facilities.
C. 
Lack of adequate and potable water supply.
D. 
Structural, mechanical or electrical defects which increase the hazards of fire, accident or other calamity.
E. 
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]
MULTIPLE DWELLING
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.
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.
Any person who violates any provision of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-15.