[HISTORY: Adopted by the Township Council of the Township of Saddle Brook 4-12-1973 as Ord. No. 682. Amendments noted where applicable.]
There is hereby established the Saddle Brook Multiple Dwelling Emergency Commission, hereinafter referred to as the "Commission." The Commission shall consist of five (5) members. Three (3) members shall be appointed by the Mayor, and those three (3) members shall be the Mayor himself, the Building Inspector and the Sanitary Inspector. The remaining two (2) members shall be appointed by the Township Council and shall be members of the Township Council. The Mayor shall serve as Chairman. Any conduct or action of the Commission authorized by this chapter shall be deemed valid and effective when taken by any three (3) members of the Commission. At any meeting of the Commission, a quorum shall consist of a majority of the membership of the Commission.
The duties of the Commission shall consist of the following:
Receiving, administering and expending security funds deposited pursuant to the terms of this chapter.
Examining those circumstances and conditions alleged to constitute emergency conditions and declaring, where applicable, an emergency condition to exist.
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.
The owner of a multiple dwelling shall deposit with the Commission 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 Commission shall be computed in the following manner:
Where the owner owns between four (4) and twenty-five (25) dwelling units, the owner shall deposit one hundred dollars ($100.) for each dwelling unit.
Where the owner owns between twenty-six (26) and forty (40) dwelling units, the owner shall deposit two thousand five hundred dollars ($2,500.) for the first twenty-five (25) units and fifty dollars ($50.) for each additional dwelling unit owned.
Where the owner owns more than forty (40) dwelling units, the owner shall deposit two thousand five hundred dollars ($2,500,) for the first twenty-five (25) units, fifty dollars ($50.) per unit for the next fifteen (15) units and thirty dollars ($30.) per unit for each additional dwelling unit. In no event shall an owner be required to deposit more than five thousand dollars ($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 Commission by delivering such funds to the office of the Department of Health, Recreation and Welfare, Division of Health of the Township of Saddle Brook within ten (10) days after receipt of notice from the Commission of the amount due, Notice of the amount due may be given by the Commission 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 Commission shall deposit same in an interest-bearing savings account in the name of the Commission 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 Commission.
In the event the Commission 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 § 129-3, the Commission shall immediately notify the owner, in the same manner as notification is given in § 129-3, 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 Commission and within the following time schedule:
Where the balance remaining in the owner's account is more than one thousand five hundred dollars ($1,500.), the deposit shall be made within thirty (30) days from the date the owner received notice.
Where the balance remaining in the account is one thousand five hundred dollars ($1,500.) or less, the deposit shall be made within five (5) days from the date the owner received notice.
Where the Commission has spent money from an account, the owner of the premises may appeal to the Mayor and Council of the Township of Saddle Brook for a hearing concerning solely the issues of whether an emergency condition did exist and whether the amount expended to remedy the emergency condition was reasonable. If such appeal is desired, the owner shall, within ten (10) days of receiving notice of the amount spent, file with the Township Clerk of the Township of Saddle Brook a letter requesting such appeal. The Mayor and Council of the Township of Saddle Brook shall hold a hearing regarding the aforementioned issues not less than ten (10) nor more than thirty (30) days after the Township Clerk has received the request from the owner, and it shall render its decision within fourteen (14) days after the hearing has been concluded. By mutual consent between the Mayor and Council and an aggrieved party, the time limitations herein stated may be extended.
The Commission 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:
It has examined those circumstances and conditions alleged to constitute an emergency condition and has declared an emergency condition to exist, and
The remedying of such emergency condition is the owner's responsibility, and
The owner or the owner's agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the Commission or an affected tenant in person or by regular mail, telegram or telephone conversation, and
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 twenty-four (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 the circumstances and conditions constituting the emergency condition, or
Work was commenced within the twenty-four-hour period referred to in Subsection A(3) but such work has not been reasonably completed within seventy-two (72) hours after the work was commenced, and such work under the applicable circumstances and in the opinion of the Sanitary Inspector or the Building Inspector could have been completed within seventy-two (72) hours.
Any such withdrawal and expenditure of security funds by the Commission shall require the signatures of any two (2) members of the Commission.
In applying and interpreting this chapter, the following definitions shall be used:
- DWELLING UNIT
- Any room or rooms or any suite or apartment thereof, whether furnished or unfurnished, which is occupied or is intended, arranged or designed to be occupied for sleeping, dwelling or residence purposes by one (1) 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:
- A. Lack of adequate ventilation or light.
- B. Lack of adequate and properly functioning sanitary facilities.
- C. Lack of adequate and healthful 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 until the next succeeding May 1, failure to maintain every unit of dwelling space and every habitable room therein at a temperature of at least sixty-eight degrees Fahrenheit (68º F.) whenever the outside temperature falls below fifty-five degrees Fahrenheit (55º F.) during the daytime hours of 6:00 a.m. to 11:00 p.m., or failure to maintain every unit of dwelling space and every habitable room therein at a temperature of at least sixty-five degrees Fahrenheit (65º F.) whenever the outside temperature falls below forty degrees Fahrenheit (40º F.) during the nighttime hours of 11:00 p.m. to 6:00 a.m. 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.
- MULTIPLE DWELLING
- Any building or structure of one (1) or more stories, and any land appurtenant thereto and any portion thereof, in which four (4) or more dwelling units are occupied or are intended to be occupied by four (4) 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."
Any person, firm, association of persons or corporation found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine not exceeding two hundred dollars ($200.). Each day that a violation occurs shall be considered a separate offense.