[Editor's Note: Chapter 5, Section 5-11 regulates the number of dogs permitted in multiple dwelling units.]
[See also Chapter 4, General Licensing for business licenses and permits.]
[1]
Editor's Note: Former Section 15-1, Rooming House and
Boarding House Licenses, previously codified herein and containing
portions of Ordinance Nos. 97-17 and 98-14, was repealed in its entirety
by Ordinance No. 2006-11.
[1]
Editor's Note: Former Section 15-2, Annual Inspections
and Reinspections of Rooming and Boarding Houses, previously codified
herein and containing portions of Ordinance Nos. 98-3, 2000-43 and
2003-25, was repealed in its entirety by Ordinance No. 2006-11.
[1971 Code § 13-4.2]
As used in this section:
Shall mean any building, structure and the land appurtenant
thereto containing two or more apartments or dwelling units rented
or offered to two or more tenants excepting motels and hotels unless
the units rented in the motels or hotels shall contain two or more
units with eating and cooking facilities. In such event the units
containing such facilities shall be considered multiple dwelling units.
Shall mean any single-family dwelling that is leased, subleased,
rented or advertised for rent.
[1971 Code § 13-4.2; Ord. No. 2003-25 § 4]
Every owner of any premises containing two or more apartments
or dwelling units or any single-family rental used for residential
purposes shall file under oath with the Department of Code Enforcement
and Zoning, a statement containing the address of the premises, the
name and address of the owner of the premises, the name and address
of the superintendent or the name and address of the agent in charge
of the premises, the number of apartments in the premises, the name
of the tenant located within the premises and the date the statement
was prepared. If the owner of the premises is a corporation or other
entity other than an individual, the statement shall be made under
oath by the president, vice-president or secretary of the corporation
or a principal of such other entity.
[1971 Code § 13-4.3; Ord. No. 2003-25 § 5]
In multiple dwellings or single-family rentals no apartment
or dwelling shall be leased, subleased, rented or let or sold to any
tenant, lessee or purchaser unless the owner of the premises shall
first have obtained a Certificate of Occupancy from the Department
of Code Enforcement and Zoning indicating that such apartment or dwelling
unit complies with the provisions of the ordinances of the Township
and the State Housing Code and approval is obtained from the Department
of Code Enforcement and Zoning that the apartment or dwelling unit
is safe and fit for human habitation.
[1971 Code § 13-4.3A]
The rental Certificate of Occupancy to be completed by the owner
of the premises which is to be leased shall include the following
information:
[1971 Code § 13-4.3B; New; Ord.
No. 2003-25 § 6; Ord.
No. 2009-9 § 1; Ord. No.
2012-13 § 1]
a.
In multiple dwellings or single-family rentals, no apartment or dwelling
shall be leased, subleased, rented or let or sold to any tenant, lessee
or purchaser unless the owner of the premises shall first have obtained
a certificate of compliance or a Certificate of Occupancy from the
Department of Code Enforcement and Zoning, authorized by the Uniform
Fire Safety Act, N.J.S.A. 52:27D-192 et seq., on a form acceptable
to and approved by the Department Head of the Department of Code Enforcement
and Zoning or his designee, indicating that a smoke-sensitive alarm
device and a carbon monoxide alarm has been installed in accordance
with N.J.A.C. 5:70-4.19(d), of the New Jersey State Uniform Fire Code.
The fee for each application shall be $65 and the fee for each reinspection
shall be $30.
[1971 Code § 13-4.4; Ord. No. 2003-25 § 7; Ord. No. 2009-9 § 2; Ord. No. 2012-13 § 2]
a.
Within 10 days after a tenant moves out of and vacates an apartment or dwelling unit in any residential premises containing two or more apartments or dwelling units, the owner of the premises shall file with the Department of Code Enforcement and Zoning a statement under oath containing the address of the premises, the number or other specific designation of the apartment vacated. The statement shall be as set forth in subsection 15-3.2.
b.
No vacated apartment shall be rented or occupied in whole or in part
by any new tenant until an inspection has been made by the aforesaid
Department as to whether the apartment is in violation of any of the
applicable laws of the Township, State of New Jersey or the United
States of America. If no violation is found, the Department of Code
Enforcement and Zoning shall issue a Certificate of Occupancy. Otherwise,
the owner shall be notified in writing of any violations found.
c.
The inspection shall be made and either a Certificate of Occupancy
or notice of violations shall be issued within five days from the
date of application. If the inspection is not accomplished in the
five day period, the apartment may be occupied but subject to the
right of the Township to cause the apartment to be inspected if a
violation is found, and to cause the premises to be vacated within
10 days from the date of notice.
d.
The fee for a Certificate of Occupancy shall be $65. Any required
reinspection fee shall be $30.
e.
Exemptions. The Lakewood Housing Authority shall be exempt from the
payment of any inspection fee for a Certificate of Occupancy.
[1971 Code § 13-4.5; Ord. No. 2003-25 § 8]
At the time of inspection of each unit or single-family dwelling
prior to the issuance of the Certificate of Occupancy, the Department
of Code Enforcement and Zoning shall post in a conspicuous place in
the apartment or dwelling a notice stating the number of persons who
shall be permitted to occupy the apartment as residence pursuant to
regulations provided by the Township and in no event shall residency
in excess of the posted number be exceeded by either the landlord
or the tenant. For the purpose of determining residency, any person
who sleeps upon the premises or generally dwells there for more than
two successive days or nights shall be considered to be residing on
the premises.
[1971 Code § 13-6]
All owners of buildings or structures or parts thereof, wherein
the buildings or structures or parts thereof are situated in the Township
and which are occupied by two or more families as tenants of an owner
or as tenants of a lessor shall register with the Township Clerk upon
forms prescribed by and furnished by the Clerk. The forms shall include
the following items:
[1971 Code § 13-7]
Under any ordinance of the Township or under any State law applicable
to the Township a notice may hereinafter be served by service upon
the owner, lessor or agent of any building or structure or part thereof
which is occupied by two or more families as tenants of the owner
or lessor, and if the owner or lessor has failed to register as above
provided or where an agent has been designated, but cannot be found
at the address given in the registration, service of any such notice
may be made by posting it upon the premises in a conspicuous place.
[1971 Code § 13-2.1; Ord. No. 98-31; Ord. No. 2003-25 § 9]
As used in this section:
Shall mean any building, together with any related structure,
accessory building, and land appurtenant thereto and any part thereof,
which contains two or more units of dwelling space arranged or intended
for single room occupancy, for the accommodation of guests and wherein
financial or personal services are provided to the residents as defined
in N.J.S.A. 55:13B-3c and 55:13B-3g, respectively.
Shall mean the Department Head of the Department of Code
Enforcement and Zoning of the Township of Lakewood or his designee
whose job duties include the implementation and enforcement of this
chapter.
Shall be defined as set forth in N.J.S.A. 55:13A-3(j) et
seq., provided that at least 85% of the units of dwelling space therein
are offered for limited tenure only.
Shall mean residence on a temporary basis, for no more than
a total of 30 days in any calendar year. Residence for more than 30
days in a calendar year, at any facility shall create a rebuttable
presumption that said residency is not on a temporary basis i.e. that
said residence is primary and permanent. The 30 days need not be accumulated
consecutively.
Shall mean a dwelling containing guest rooms in which lodging
is provided without meals for compensation and which is let to two
or more guests wherein no personal or financial services are provided
to the residents.
Shall mean an arrangement of dwelling space which does not
provide a private, secure dwelling space arranged for independent
living, which is not used for limited tenure occupancy.
Shall mean any room, rooms, suite, or portion thereof, whether
furnished or unfurnished, which is occupied or intended, arranged
or designed to be occupied for sleeping or dwelling purposes by one
or more persons.
[1971 Code § 13-2.2; Ord. No. 2003-25 § 10]
No person shall own, manage, conduct or carry on the business
of a boarding house, hotel or rooming house without first:
[1971 Code § 13-2.3; Ord. No. 2003-25 § 11]
The application for a certificate of approval to manage, conduct
and carry on the business of a hotel, boarding house or rooming house
shall be made by the operator in writing to the Department Head of
the Department of Code Enforcement and Zoning or his designee in accordance
with the procedure hereinafter provided and the application shall
contain the following information and data:
a.
Location of the premises and the names and addresses respectively
of the owner of the premises and the person operating or intending
to operate the premises. Where the applicant is not an individual,
the applicant shall state the names of all officers, members of the
board of directors and owners of more than 10% of the stock, or all
officers, trustees, directors or governing officials or all partners
thereof as the case may be.
b.
Where applicant seeks a certificate of approval for a hotel, boarding
house or rooming house in an area which is not zoned to permit the
use, and the application is based on facts, which constitute a lawful
nonconforming use, the applicant shall state in the application the
name and address of the owner and operator of the premises as of the
date when the use, by reason of the zone change or variance, first
became a nonconforming use, indicating the number of rooms and the
number of guests as of that date.
c.
If the applicant is not the owner of the premises, the owner's
consent to the use of the premises for a hotel, boarding house or
rooming house shall be affixed to the application.
d.
There shall be submitted to the Department Head of the Department
of Code Enforcement and Zoning or his designee each application floor
plans showing the number of rooms on each floor of the premises, including
any basement rooms, the number of rooms on each floor of such premises,
the size, area and height of each of such rooms and the size and location
of each window in each room and the sanitary facilities available
for use by the guests including fixtures therein and their location
in the premises.
e.
The application shall also state the number of guest rooms in the
building and the number of persons proposed to be accommodated and
shall indicate the capacity of each guest room.
f.
By applying for a certificate of approval and/or a mercantile license pursuant to Chapter 4 of the Revised General Ordinances of the Township of Lakewood, the owner and/or operator of the premises is deemed to give his consent to the inspection of said premises by Township and Board of Health personnel as required by subsection 15-6.4c below.
[1971 Code § 13-2.4; Ord. No. 2003-25 § 12]
a.
Upon receipt of an application, the Department Head of the Department
of Code Enforcement and Zoning or his designee shall inspect the premises
to ascertain if the building is suitable for the proposed purpose
and to determine if the building complies with all of the provisions
of this chapter as well as the provisions of all ordinances and regulations
of the Board of Health of the Township. If approved, the Department
Head of the Department of Code Enforcement and Zoning or his designee
shall issue a certificate of approval for the premises and cause same
to be delivered to the Township Clerk. The Department Head of the
Department of Code Enforcement and Zoning or his designee may also
issue a copy of the certificate of approval to the applicant.
b.
Applications shall be submitted between May 15 and July 1st of each
year or, in any event, within 20 days from the date that a certificate
of approval may be required by the applicant. Upon receipt of the
application for a certificate of approval the Department Head of the
Department of Code Enforcement and Zoning or his designee shall issue
or deny the issuance of the certificate of approval within 20 days
from the date of the application. In the event that the Department
Head of the Department of Code Enforcement and Zoning or his designee
should deny the issuance of a certificate of approval, the denial
shall be in writing setting forth the reasons for the denial. All
certificates of approval shall automatically expire unless renewed
on July 1st of each year following the date of issuance.
c.
The Police Chief, Fire Marshal, Department Head of the Department
of Code Enforcement and Zoning, or their respective authorized agents,
are hereby authorized and directed to make periodic inspections to
determine the condition of the hotels, boarding and rooming houses.
d.
The refusal of any owner or operator of a hotel, boarding or rooming
house to permit an inspection by an authorized official of the Township
shall be grounds for denial of the certificate of approval and/or
mercantile license or the suspension of an active certificate of approval
or mercantile license until such time as the inspection has been permitted.
e.
The issuance of a certificate of approval shall evidence compliance
with the provisions of this section on the date of issuance, but shall
not constitute evidence that the premises comply with any other Township
ordinance or any State law or regulation, nor shall it relieve any
other official or public agency from enforcing any applicable ordinance
or law or regulation.
[1971 Code § 13-2.6; Ord. No. 2003-25 § 13]
a.
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor space for each occupant thereof. The ceiling
height of each sleeping room shall be not less than seven feet.
b.
The number of beds in each room used for sleeping purposes shall
not be more than the number of persons permitted to sleep within a
room, in accordance with the square footage requirements of paragraph
a. The lawful capacity as herein provided shall be conspicuously posted
in each such room.
c.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, meeting the requirements
of all statutes and ordinances.
d.
The operator and/or owner of every rooming house, boarding house
and hotel, shall be responsible for the sanitary maintenance of all
walls, floors and ceilings and shall maintain sanitary conditions
throughout the hotel, boarding house and rooming house.
e.
In every rooming house, hotel and boarding house, there shall be
maintained a register with one page for each room in the building,
indicating the name and address of each person occupying each room,
the date of arrival and departure of each occupant. This register
shall be available for inspection at all times, by the Department
Head of the Department of Code Enforcement and Zoning or his designee
or any Police Officer.
f.
No room shall be rented or assigned to, or privately occupied, either
singly or jointly unless such person has registered.
g.
No room in any hotel, boarding house or rooming house shall be rented
to sleeping or lodging purposes more than once between the hours of
6:00 p.m. and 6:00 a.m. the following day.
h.
Every person conducting a hotel, boarding house or rooming house
shall cause each room of such house to be numbered in a plain and
conspicuous manner and such number shall be placed on the outside
door of the room and no two rooms shall bear the same number.
i.
Between May 1st and October 1st of any calendar year, all sleeping
room windows in any hotel, boarding house or rooming house shall be
effectively screened with full, tight-fitting screens.
j.
In every hotel, boarding house and rooming house, for each five persons
or fraction thereof, residing within the hotel, boarding house and
rooming house including members of the operator's family, wherever
they share the use of sanitary facilities, there shall be provided
at least one flush water closet, one lavatory wash basin, one bathtub,
or one shower, all properly connected to the water sewer system as
approved by the Department Head of the Department of Code Enforcement
and Zoning or his designee and maintained continuously in good working
condition. In hotels, boarding houses and rooming houses, however,
where the occupants are only members of the male sex, flush urinals
may be substituted for not more than 1/2 the required number of the
water closets. Hot water shall be supplied at all times for every
lavatory wash basin, bathtub or shower. All sanitary facilities shall
be located above the street level and within the building, so as to
be reasonably accessible from a common hallway or passageway to all
persons sharing such facilities.
k.
The operator of every hotel, boarding house and rooming house shall,
upon renting a room, supply or furnish clean bed linen and towels
for the use of the occupants of each room and shall furnish and supply
a change of fresh bed linens and towels at least once a week for the
occupants of each room.
l.
All supplied bedding shall be maintained by the operator in a clean
and sanitary condition.
m.
No basement space or room or any part of which is below ground level
shall be used as a habitable room for guests.
n.
The premises shall not be used for immoral purposes and the owner
of the premises and the persons operating the hotel, boarding house
or rooming house, shall not permit the premises to be used for immoral
purposes.
o.
No room shall be let or leased to any persons who are unable to ascend
or descend stairs unassisted, dress and bathe without assistance,
or leave the premises without assistance, care or supervision. This
section shall not apply if, in the opinion of the Department Head
of the Department of Code Enforcement and Zoning or his designee,
such person or persons are under sufficient care and supervision so
as not to unduly endanger the health, welfare and safety of such person
or persons.
p.
The operation, conduct and management of a hotel, boarding house
or rooming house shall not be under the management, control or supervision
of any person, in whole or in part convicted of a crime involving
moral turpitude, or suffering from a contagious or venereal disease.
q.
No person shall be allowed to use a lobby, hallway, closet, bathroom
or kitchen for a sleeping room.
r.
No cooking or storing of foodstuffs shall be permitted in any sleeping
room of any hotel, boarding house or rooming house.
s.
Except as hereinafter provided, no community or common cooking and
eating facility (hereinafter referred to as "community kitchen") shall
be allowed in rooming houses, boarding houses or hotels. The Department
Head of the Department of Code Enforcement and Zoning or his designee
may permit a community kitchen if in the opinion of the Department
Head of the Department of Code Enforcement and Zoning or his designee
the operation of the community kitchen will not be detrimental to
the health and welfare of the public and of the occupants of the rooming
house, and upon substantial compliance by the operator of the rooming
house with the following standards and conditions.
1.
No such special permit shall be issued to a rooming house having
over 25 rooms.
2.
In the event that a community kitchen is permitted, there shall be
no cooking or storing of food permitted in any sleeping rooms.
3.
There shall be provided an adequate kitchen and dining area for the
benefit of the guests making use of the kitchen and dining room facilities.
4.
The owner or operator shall be solely responsible for the management,
cleanliness and sanitation of the kitchen and dining room area.
5.
All food shall be properly stored and refrigerated and proper garbage
or refuse disposals shall be provided by the management.
6.
All cooking and washing facilities shall be adequate to provide for
a clean and sanitary kitchen and dining room area.
7.
The Department Head of the Department of Code Enforcement and Zoning
or his designee at any time shall have the right to revoke the privilege
of having a community kitchen in the event that the community kitchen
and dining room is not maintained in a proper sanitary condition.
[1971 Code § 13-2.6; New]
b.
Additionally, violation of any of the provisions of this section will subject the owners and/or operator of the subject premises to the revocation or suspension of the certificate of approval and/or mercantile license by the Township Committee in accordance with the procedures set forth in Chapter 4 of Revised General Ordinances of the Township of Lakewood as more particularly set forth in subsection 4-1.8 thereof.
[1971 Code § 13-2.7]
This section shall be construed to operate retroactively as
well as prospectively in that all buildings used as hotels, boarding
houses and rooming houses shall comply with all of the terms of this
section regardless of whether the buildings were constructed or operated
before or after July 12, 1962.
[1971 Code § 13-2.8]
In any case where a provision of this section is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or other ordinances of the Township or any other
law applicable to the Township of Lakewood, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail and the lower standard is hereby
declared to be repealed to the extent that it is in conflict with
the higher standard or provision.
[1971 Code § 13B-1]
The Township Committee does hereby appoint the Township Clerk
as the designated administrator of this program pursuant to P.L. 1981
C. 226.
[1971 Code § 13B-2]
An owner, landlord or sponsor who initiates a conversion of
a building containing rental housing units to condominium or cooperative
forms of housing must submit a notification to the Township Clerk
containing a complete list of tenants in the building, stamped envelopes
addressed to each, sufficient copies of the Notice of Intent, tenant
notification requirement, application form and fact sheet for all
tenants as set forth in the Senior Citizen and Disabled Protected
Tenancy Act and the regulations promulgated thereunder, along with
the filing fee set forth herein.
[1971 Code § 13B-3]
a.
The Township Clerk or the designated representative shall, upon the
notification from an owner, landlord or sponsor of intention to convert
rental property to a condominium or cooperative, collect the fee therefor
as set forth below, the list of tenants residing in the building,
a stamped-addressed, unsealed envelope and a protected tenancy application
for each tenant with the notice from the Department of Community Affairs,
Bureau of Landlord-Tenant Relations and all other required notification
or information set forth in the aforementioned Act or the regulations
promulgated by the State of New Jersey Department of Community Affairs,
Division of Housing in accordance with said law.
b.
In addition to the above duties the Township Clerk shall determine
eligibility requirements for Protected Tenancy under P.L. 1981, C.
226 for all tenants who file within 60 days of receipt of the information
referred to in paragraph a of this section. Said decisions shall be
rendered within 30 days of receipt of the eligibility application,
shall be in writing and shall contain the reasons therefor.
c.
Any complaints concerning illegal evictions, or unlawful rental increases
in violation of the Senior Citizen and Disabled Protected Tenancy
Act shall be within the jurisdiction of the Township of Lakewood Rent
Control Board and not the Township Clerk.
[1971 Code § 13B-4]
There is hereby established a fee of $20 per unit to be converted
which shall be payable upon filing the Notification of Conversion
with the Township Clerk. Said fee is established to help defray the
cost of administering this section.
[1971 Code § 13B-5]
Any tenant or owner, landlord or sponsor who feels aggrieved
by the determination of eligibility by the Township Clerk may appeal
the determination to the Appeal Board established herein provided
said appeal is made within 10 days of written notification of eligibility
status.
[1971 Code §§ 13B-6—13B-13]
a.
Created. There is hereby created by the Township Committee a Senior
Citizen and Disabled Protected Tenancy Appeal Board consisting of
three members who must be residents of the Township.
b.
Terms of Office. The first member appointed shall be for a term of
three years, the second member for a term of two years, and the third
member for a term of one year. Thereafter, the term of office for
each member of the Board shall be three years so as to provide for
staggered expiration dates. Members shall serve until their term expires
and until a successor is appointed.
c.
Conflict of Interest. No member shall be permitted to act on any
matter on which he or she has, either directly or indirectly, any
personal or financial interest.
d.
Removal. A member may, after public hearing if he or she requests
it, be removed by the governing body for cause.
e.
Vacancy. If any vacancy shall occur, it shall be filled by appointment
as above provided for the unexpired term and until a successor is
appointed.
f.
Quorum. A majority of the whole number of members of the Board shall
constitute a quorum. No decision shall be rendered by the Board without
the affirmative vote of the majority of the quorum.
g.
Chairman and Vice-chairman. The members of the Board shall annually
choose a chairman and in his absence a vice-chairman to preside over
all meetings of the Board.
h.
Powers and Duties. The Board is hereby granted jurisdiction to hear
appeals or challenges filed by any tenant, owner, landlord or sponsor
who feels aggrieved by the determination of eligibility made by the
Township Clerk. The Board shall have all the powers necessary and
appropriate to carry out and execute the purposes of appeals under
the Senior Citizen and Disabled Protected Tenancy Act, including but
not limited to, the power:
1.
To adopt by-laws governing its procedural operation.
2.
To conduct hearings on each appeal properly presented to it as more
particularly set forth in the hearing procedure outlined below.
3.
To reverse, modify or affirm the decision of the Township Clerk.
4.
Each of its members shall have the power to administer oaths and
issue subpoenas to compel the attendance of witnesses and production
of relevant evidence, including witnesses and documents presented
by the parties and the provisions of the "County and Municipal Investigations
Law," P.L. 1953 c.38 (2A:67A-1 et seq.) shall apply.
[1971 Code § 13B-14]
The Board shall schedule a hearing within 10 days of receipt
of the appeal and render its decision within 10 days of the hearing.
In conducting the hearing the Board shall have the following additional
powers:
a.
The testimony of all witnesses shall be taken under oath or affirmation
by the presiding officer or such designee, and the right of cross-examination
shall be permitted to all interested parties subject to the discretion
of the presiding officer and to reasonable limitations as to time
and the number of witnesses.
b.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
c.
The Board shall provide for the verbatim recording of the proceedings
by mechanical or electronic means. Any person desiring a transcript
of the hearing shall obtain same at his or her own cost through the
use of a certified shorthand reporter licensed in the State of New
Jersey.
d.
Each decision shall be in writing and include findings of fact and
conclusions of law based upon the evidence presented before the Board
or reasonable inferences therefrom.
[1971 Code § 13B-15]
Each appellant shall pay a fee of $50 upon filing the appeal
to help defray the costs of administering this section.
[1971 Code § 13-11.1; Ord. No.
2003-25 § 14]
a.
The Department Head of the Department of Code Enforcement and Zoning
or his designee is hereby designated whenever necessary to protect
the health and safety of residential tenants, to act as an agent for
any landlord of a residential rental property within the Township
where the landlord has failed to maintain heat in accordance with
N.J.S.A. 26:3-31.
b.
The designated agent may engage a fuel oil dealer to deliver fuel
oil at a reasonable price per gallon and to refire the burner in order
to restore the proper heating of any residential property rented by
said landlord; provided, however, that at least 12 hours have elapsed,
if the outside air temperature is between 33 degrees Fahrenheit and
55 degrees Fahrenheit, inclusive or, at least four hours have elapsed
if the outside air temperature is 32 degrees Fahrenheit or less, from
the filing of a complaint with the Department of Code Enforcement
and Zoning. Prior to the filing of a complaint a bona fide attempt
must be made by the tenant or his representative to notify the landlord
of the lack of heat, and the landlord has failed to take appropriate
action.
c.
Notwithstanding any provisions contained in this section to the contrary,
the Department Head of the Department of Code Enforcement and Zoning
or his designee shall have no authority to implement the terms of
this subsection without obtaining prior approval by the Township Committee
in each instance. Said approval may be issued by the Township Committee
on a case by case basis and it may be done by motion of the Township
Committee.
[1971 Code § 13-11.2]
The Township shall issue a voucher to any fuel oil dealer who delivers fuel oil or refires the burner as set forth in subsection 15-8.1 hereinabove, for the money amount due on the fuel oil delivered and the service for refiring the burner, if any. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
[1971 Code § 13-11.3]
a.
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to subsection 15-8.1 shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential rental property. Pursuant to P.L. 1980, c. 170, such penalty shall be recoverable by the Township in a civil action by a summary proceeding under the "Penalty Enforcement Law," N.J.S.A. 2A:58-1 et seq. Any action to collect or enforce any such penalty shall be brought in the Superior Court, Special Civil Part or Municipal Court. The amount of such penalty shall be paid to the Township to be used for general municipal purposes.
b.
In any penalty enforcement proceeding brought pursuant to P.L. 1980,
c. 170, the Court shall also order the landlord or his agent to reimburse
the Township for the actual costs incurred for any fuel oil delivered
and the service charge for refiring the burner, if any, and for reasonable
attorney's fees and costs. The Court shall further be empowered
to issue any appropriate injunctive orders, and to authorize immediate
collection of reimbursable costs due the Township out of the goods
and chattels of the landlord, including all sums due, or which may
come due, as present or future rents. Any landlord who prevails in
such an action shall be entitled to reimbursement by the Township
for all reasonable costs and expenses. Such landlord, however, shall
still remain responsible for the cost of any fuel oil delivered and
any charge for refiring the burner, incurred by the Township.
[1971 Code § 13-11.4]
Neither the Township nor any of its employees shall be liable
for any damages to any person or property in enforcing this section
except for the gross negligence or malfeasance of any official, officer
or employee of the Township, and under no circumstances shall the
Township be held liable for damages from the lack of heat in the residential
property.
[1971 Code § 13-11.5]
The provisions of this section shall not apply to owner-occupied
residential rental properties containing five units or less.
