[HISTORY: Adopted by the Township Council of the Township of Franklin 3-12-1981
by Ord. No. 1044 (Ch. 140 of the 1990 Code). Amendments noted
where applicable.]
The Health Officer shall, whenever necessary to protect the health and
safety of residential tenants, act as an 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 elapsed
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 by the
tenant or his representative to notify the landlord of the lack of heat, and
the landlord has failed to take the appropriate action. Lack of heat means
maintaining less heat than required by N.J.S.A. 26:3-31.
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 196-1 of this chapter may bill the landlord directly, or the municipality in which the rental property is located may issue a voucher to the fuel oil dealer who delivered the fuel oil for the money amount due on the fuel oil delivered and the service charge for refiring the burner, if any.
[Amended 4-11-1989 by Ord. No. 1478]
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to § 196-1 of this chapter 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 recoverable by the Township in a civil action by a summary proceeding under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. Any action to collect or enforce any such penalty shall be brought in the Superior Court, County District Court or Municipal Court. The amount of such penalty shall be paid to the Township to be used for general municipal purposes.
In any penalty enforcement proceeding brought pursuant to this chapter,
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.
The municipality or its employees shall not be liable for any damages
to any person or property in enforcing this chapter, except for the gross
negligence or maleficence of any municipal official officer or employee, and
under no circumstances shall the municipality be held liable for damages from
the lack of heat in the residential property.
The provisions of this chapter shall not apply to owner-occupied residential
rental properties containing five units or fewer.
