[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 139.
Multiple dwellings — See Ch. 260.
Property maintenance — See Ch. 299.
Rent control — See Ch. 312.
Rooming, lodging and boardinghouses — See Ch. 316.
[Adopted 10-26-1979 by Ord. No. 1363]
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
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
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
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
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
WHEREAS, existing Ordinance No. 1173, as amended, partially treats the problem and is superseded, rescinded and replaced by this ordinance,
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:
[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. 
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. 
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.
[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. 
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. 
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. 
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. 
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:
BUILDING
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.
LANDLORD
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.
MANAGER
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.
OWNERS
Includes any person that owns a building, condo, cooperative or any other structure that is used as a residence for residents.
PERSON
Includes person, persons, firm, corporation, copartnership or family.
RESIDENCE
A person's home; the place where someone lives.
TENANT
A person who occupies land or property rented from a landlord or by an individual owner.
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.