[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-26-1979 by Ord. No. 1363]
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WHEREAS, a landlord's failure to furnish heat
to any residence occupied by residents of West New York imposes a
health emergency and hardship upon the persons residing in the building,
and
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WHEREAS, the failure of a landlord to supply
heat at a level of 68° F. at all times creates a health and sickness
hazard and emergency to occupants of the building,_ and
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WHEREAS, N.J.S.A. 26:3-31 provides statutory
authority for a local Board of Health to enact enabling legislation
to implement the policies and requirements set forth in that statute,
and
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WHEREAS, the governing body, acting as the local
Board of Health, is empowered by N.J.S.A. 40:88-4_ to make and enforce
public health ordinances to provide for the maintenance of health
in the community, and
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WHEREAS, there is a public need to have the
means to effect immediate fuel needs to enforce Department of Community
Affairs regulations and N.J.S.A. 26:3-31(m) with respect to minimum
heat standards of the town and its residents, and
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WHEREAS, existing Ordinance No. 1173, as amended,
partially treats the problem and is superseded, rescinded and replaced
by this ordinance,
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Now therefore, be it ordained by the Mayor and
Commissioners of the Town of West New York, acting as the local Board
of Health, as follows:
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[Amended 12-16-1981 by Ord. No. 1515; 4-17-1985 by Ord. No. 1674; 10-18-1989 by Ord. No. 1861]
On and after the effective date of this chapter,
every person, firm, corporation, partnership or other entity owning
or serving as landlord for any building or structure occupied as a
home or residence by two or more families, who has agreed to supply
or furnish heat shall, during the calendar year of January 1 to December
31 of any year, be required to supply heat to every unit of dwelling
space and every bathroom, water closet compartment and every other
room therein in any manner inhabited for dwelling by residents by
supplying sufficient heat to each resident in sufficient amount to
maintain therein a minimum temperature of 68° F. on a constant
twenty-four-hour basis whenever the outside temperature falls below
55° F. during any said twenty-four-hour period. Failure to so
maintain heat within each dwelling unit shall be a separate violation
of this chapter as to each such dwelling unit. Upon his failure to
provide heat as herein required, the owner of said unit or units shall
be deemed to have violated this chapter. 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. The owner shall be obligated to supply required fuel
or energy and maintain the heating system in good operating condition
so that it can supply heat as required herein notwithstanding any
contractual provision seeking to delegate or shift responsibility
to the occupant or third person, except that the owner shall not be
required to supply fuel or energy for heating purposes to any unit
where the occupant thereof agrees in writing to supply heat to his
own unit of dwelling space and the said unit is served by its own
exclusive heating equipment for which the source of heat can be separately
computed and billed.
[Added 3-17-1982 by Ord. No. 1532]
A.Â
Every owner of a building designed to be occupied
as residences by two or more families who has agreed to supply heat
to the occupants must have his heating system certified to be in proper
working order as to provide legal temperatures as required by this
chapter. This certification must be made by any qualified inspection
agency, a copy of the same to be sent to the West New York Health
Department no later than the 20th of September of the same year. All
boilers should be inspected between June 1 and August 31.
B.Â
It shall be the duty of every owner, manager and superintendent
or his agent responsible for maintaining heat to notify the West New
York Board of Health within four hours from the malfunction of the
heating system, and further, if the malfunction occurs on Saturday,
Sunday, during the evening or an official holiday or at any other
time when the Board of Health is unavailable, it shall be the duty
of the owner, manager and superintendent or his agent responsible
for maintaining heat to notify the West New York Fire Department,
which shall maintain a log for entry of such notifications.
The Health Officer shall be and is hereby authorized
to enforce this chapter.
[Amended 11-24-1982 by Ord. No. 1579; 2-16-2017 by Ord. No. 2/17]
Any person, firm or entity who violates any provision of this
chapter or any order promulgated under this chapter shall, upon conviction
thereof, during the heating season for a heating violation from October
1 to May 1, be liable for a penalty of $500 per day, for each violation.
Each day that a particular violation continues shall constitute a
separate offense. Each dwelling unit with a particular violation for
a day or any part of a day shall constitute a separate violation.
[Amended 11-24-1982 by Ord. No. 1579; 2-16-2017 by Ord. No. 2/17]
In the event that any person, firm or entity is convicted by
the applicable court of engaging in a pattern or practice of violations
of this chapter continuing over a period of 48 consecutive hours or
longer, or upon conviction of a person, firm or entity for more than
three separate offenses or more than three separate dates during the
same heating season of October 1 to May 1, that person, firm or entity
shall be subject to a mandatory penalty of imprisonment for a period
of 10 days plus a mandatory fine of no less than $1,000 for each offense.
If the landlord or owner of the building who is subjected to this
penalty thereafter during the same heating season period of October
1 to May 1 shall repeat this conduct or fail to provide the required
heat after completion of the above incarceration, then he shall, in
the discretion of the court, be subjected to further incarceration
for a period of not less than 30 days and not more than six months
plus the maximum monetary fine for each separate offense, as permitted
by law.
On or after the effective date of this chapter,
every landlord or owner of a building designed to be occupied or occupied
as residences by two or more families shall be obligated to adhere
to the standards for operation and repair of a furnace, boiler or
other equipment essential to the proper heating of any residential
unit rented by said landlord pursuant to the standards and provisions
set forth in N.J.S.A. 26:3-31(p) and N.J.A.C. 5:10-19.4(1), (2), (3)
and (4) and the procedure and remedy set forth in N.J.S.A. 26:3-31(p),
all of which statutory and administrative regulation procedures are
hereby incorporated by reference into this chapter as if fully set
forth at length at this point.
A.Â
In the event that the landlord or owner of the building
has failed to supply fuel or failed to engage a repairman or order
any parts necessary to restore to operating condition for the furnace,
boiler or other equipment essential to the proper heating of any residential
unit rented by said landlord, and at least 24 hours have elapsed since
the tenant or any Building Inspector has lodged a complaint with the
local Board of Health, and prior thereto, the tenant or any Building
Inspector has delivered a notice to the landlord or made a bona fide
attempt to notify the landlord of the failure to supply heat, and
the landlord has failed to take appropriate action, and during said
twenty-four-hour period, the outside temperature is less than 55°
F., then the local Board of Health is authorized and empowered in
its discretion to act as the agent of the landlord or owner of the
building to order and supply the fuel necessary to heat the building
or engage a repairman and order any parts, for and on behalf of the
landlord or owner, which are essential to provide the proper heating
of any residential unit rented by the landlord or owner of the building.
B.Â
Any person who supplies fuel, materials or services
in accordance with this provision shall bill the landlord or owner
of the building directly for the fuel, materials or services supplied
to the building and is hereby authorized and empowered to file a notice
approved by the Board of Health with the Hudson County Clerk, and
upon filing of said notice said supplier shall have a lien on the
premises where the fuel or materials were used or services supplied.
In addition to the remedy hereinabove set forth, the local Board of Health in its discretion, upon occurrence of the conditions set forth in § 218-7A of this chapter and upon its ordering of the fuel, repairs or services as agent of the landlord or owner as provided in § 218-7 of this chapter, may
A.Â
Elect to pay for the fuel, repairs, materials or services
supplied to the building and have same delivered and installed in
the building to alleviate an emergency health condition, in which
event the landlord or owner of the building shall be obligated to
reimburse the Board of Health for this cost within five days from
its expenditure; or
B.Â
Elect to prohibit occupancy of the building by all
persons until the landlord or owner, at his own cost, fills the fuel
tank or makes the necessary repair or restoration to the furnace,
boiler or other equipment essential to the proper heating of the building.
Any landlord or owner of a building who does not discharge the lien referenced in § 218-7 of this chapter within five days from his receipt of notice of filing of said lien, or commits any conduct which indicates a willful intent to refuse to supply heat to the building for reasons within his control, or does not reimburse the Board of Health pursuant to § 218-8A of this chapter, or causes the Board of Health to prohibit occupancy pursuant to § 218-8B of this chapter, shall be presumed to be in willful violation of this chapter and upon issuance of complaint by the Board of Health and adjudication of guilt by the Municipal Court shall be subjected to a mandatory incarceration in prison for a period of 10 days for each offense plus a mandatory fine of not less than $100 and not more than $500 for each offense. If the landlord or owner of the building who is subjected to this penalty thereafter during the same heating season period of October 1 to May 1 shall repeat this conduct or fail to provide the required heat after completion of above incarceration, then he shall, in the discretion of the Court, be subjected to further incarceration for a period not in excess of six months plus the maximum fine for each separate offense as permitted by law.
Upon passage and publication of this chapter,
the Town Clerk or other appropriate town official shall forward a
copy of this chapter to each owner of record of any multifamily building,
and the Board of Health shall post a copy in the lobby of each multifamily
building.
The Town of West New York or the Board of Commissioners
or their respective agents shall not be held financially responsible
for any fuel, services or materials supplied under this chapter, and
any person who supplies fuel, materials or services in accordance
with this chapter shall bill the landlord directly.
[Adopted 2-15-1984 by Ord. No. 1631]
[Amended 12-21-2017 by Ord. No. 30/17]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure, whether used as a dwelling or
otherwise, regardless of its size and regardless of the purpose for
which such building or structure is used.
Includes any person who rents land, a building, a condo,
a cooperative, or an apartment to a tenant, including any person who
enters into a rental agreement with a resident or receives money in
exchange for a residence to be used by a resident.
Includes any management company or other entity that is responsible
for maintenance of utilities including the activation of a heating
system for a building, structure, condo, cooperative or any other
location that is rented to a tenant or individually owned.
Includes any person that owns a building, condo, cooperative
or any other structure that is used as a residence for residents.
Includes person, persons, firm, corporation, copartnership
or family.
A person's home; the place where someone lives.
A person who occupies land or property rented from a landlord
or by an individual owner.
No person shall use a portable kerosene or liquid-fuel-fired
heating unit or units within the limits of the Town of West New York.
No person shall sell within the Town of West
New York portable kerosene or liquid-fuel-fired heating units for
use within the boundary limits of the Town of West New York.
Any person willfully violating this chapter
shall be liable to a fine not to exceed $500 or imprisonment not to
exceed 90 days, or both, in the discretion of the Judge of the court
of competent jurisdiction.
The Town Officials charged with the duty of
enforcing this chapter shall be the Fire Department, Building Department
and Housing Inspection Bureau. In this regard, it shall be the responsibility
of the seller of said portable kerosene or liquid-fuel-fired heating
units to advise the purchaser of said unit of the provisions of this
chapter in writing on a form to be approved by West New York Fire
Prevention Bureau. Copies of this form shall be kept on file by the
seller.
