[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 4-12-1973 by 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 members. Three
members shall be appointed by the Mayor, and those three members shall
be the Mayor himself, the Building Inspector and the Sanitary Inspector.
The remaining two 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 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:
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.
A.
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:
(1)
Where the owner owns between four and 25 dwelling
units, the owner shall deposit $100 for each dwelling unit.
(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. In no event shall an owner be required to deposit more than
$5,000 in security funds pursuant to this chapter.
B.
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
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.
A.
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:
(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 received 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 received notice.
B.
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 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 10 nor more than 30 days after
the Township Clerk has received the request from the owner, and it
shall render its decision within 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.
A.
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:
(1)
It has examined those circumstances and conditions
alleged to constitute an emergency condition and has declared an emergency
condition to exist, and
(2)
The remedying of such emergency condition is the owner's
responsibility, and
(3)
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
(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 the circumstances and conditions constituting the emergency condition, or
(5)
Work was commenced within the twenty-four-hour period referred to in Subsection A(3) but such work has not been reasonably completed within 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 72 hours.
B.
Any such withdrawal and expenditure of security funds
by the Commission shall require the signatures of any two members
of the Commission.
In applying and interpreting this chapter, the
following definitions shall be used:
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 or more persons.
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:
Lack of adequate ventilation or light.
Lack of adequate and properly functioning sanitary
facilities.
Lack of adequate and healthful water supply.
Structural, mechanical or electrical defects
which increase the hazards of fire, accident or other calamity.
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 68º F. whenever
the outside temperature falls below 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 65º F. whenever the outside temperature falls below
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.
Any building or structure of one or more stories, and any
land appurtenant thereto and any portion thereof, in which four or
more dwelling units are occupied or are intended to be occupied by
four 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 $200.
Each day that a violation occurs shall be considered a separate offense.
