[Adopted 7-22-1997 as
Ch. 072 of the 1997 Code]
The Township Health Officer, or other officer designated by
the Health Officer, shall, whenever necessary to protect the health
and safety of residential tenants, act as agent for a landlord in
engaging a fuel oil dealer to deliver fuel oil at a reasonable price
per gallon and to refire the burner to restore the proper heating
of any residential property rented by said landlord; provided, however,
that at least 12 hours have lapsed, if the outside air temperature
is between 33° F. and 55° F., inclusive, or at least four
hours have elapsed, if the outside air temperature is 32° F. or
less, since the tenant has lodged a complaint with any municipal officer
or agency prior to which complaint a bona fide attempt has been made
to notify the landlord of the lack of heat, and the landlord has failed
to take appropriate action. Lack of heat means maintaining less heat
than required by N.J.S.A. 26:3-31.
The Health Officer of Pequannock Township, or other officer
designated by the Health Officer, shall, whenever necessary to protect
the health and safety of residential tenants, act as agent for the
landlord in the engaging of a repairman and the ordering of any parts
necessary to restore to operating condition the furnace, boiler or
other equipment essential to the proper heating of any residential
unit rented by said landlord; provided, however, that at least 24
hours have elapsed since the tenant has lodged a complaint with the
local Board of Health, prior to which a bona fide attempt has been
made by the tenant to notify the landlord of the failure of the heating
equipment, and the landlord has failed to take appropriate action,
and the outside air temperature is less than 55° F.
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 275-1 or any repairman who restores the operating condition of a furnace or boiler or who provides equipment and services essential to the proper heating of any residential unit in accordance with §
257-2 of this article may bill the landlord directly, or the Township may issue a voucher to the fuel oil dealer or repairman who delivered the fuel oil or made the repairs for moneys due.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any landlord or his agent whose negligence or failure to act results in Township action pursuant to §
257-1 or
257-2, or both, shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Such penalty shall be recovered by the Township in a civil action by summary proceedings under the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.). Any action to collect or enforce such penalty may be brought in the Superior Court or Municipal Court. The amount of such penalty shall be paid to the municipality and be used for general municipal purposes.
In any penalty proceeding brought pursuant to this article,
the Court shall also order the landlord or his agent to reimburse
the municipality for actual costs for any fuel oil delivered, the
service charge for refiring the boiler, if any, and any charges for
parts necessary to restore to operating condition the furnace, boiler
or any equipment essential to the proper heating of any residential
unit, including any service charges. The Court shall further be empowered
to issue any appropriate injunctive order and to authorize immediate
collection of reimbursable costs due the municipality 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 action shall be entitled to reimbursement by the municipality
for all reasonable costs and expenses. Such landlord, however, shall
still remain responsible for the cost of any fuel oil delivered, any
charge for refiring the burner, any parts ordered, and any charges
for restoring the heating equipment incurred by the Township.
The Township of Pequannock and its employees shall not be liable
to any person or for damage to property in enforcing this article,
except for gross negligence or malfeasance of any Township official,
and under no circumstances shall the Township be held liable for damages
from lack of heat in a residential unit.
The provisions of this article shall not apply to owner-occupied
residential rental properties containing five units or fewer.