[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 4-14-1981 as Ord. No. 1179. Amendments noted where
applicable.]
This chapter shall be known as the "Emergency Fuel Oil Delivery Ordinance."
The Borough Clerk 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 twelve (12) hours
have elapsed, if the outside air temperature is between thirty-three degrees
and fifty-five degrees Fahrenheit (33° and 55° F.), inclusive, or
at least four (4) hours have elapsed, if the outside air temperature is thirty-two
degrees Fahrenheit (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 appropriate
action. Lack of heat means maintaining less heat than required by N.J.S.A.
26:3-31m, which provides as follows:
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To compel owners of buildings designed to be occupied or occupied as
residences by more than two (2) families, when the owners have agreed to supply
heat, to provide heat from the first day of October of each year to the first
day of May of the succeeding year so that the temperature of said apartment
where one (1) or more persons reside shall always be kept at sixty-eight degrees
Fahrenheit (68° F.) or above, between the hours of 6:00 a.m. and 10:00
p.m.
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Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with § 200-2 of this chapter may bill the landlord directly, or the Borough of Ridgefield 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. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to § 200-2 of this chapter shall be liable to a civil penalty of not more than three hundred dollars ($300.) for each affected dwelling unit in the residential property. Such penalty shall be recoverable by the municipality in a civil action by a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 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 municipality 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 municipality
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
municipality 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 action shall be entitled to reimbursement by the municipality
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 municipality.
No municipality or its employees shall be liable for any damages to
any person or property in enforcing this chapter, except for the gross negligence
or malfeasance of any municipal official, officer or employee, and under no
circumstances shall a 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
properties containing three (3) units or fewer.
A.
Every landlord shall, within thirty (30) days following
the effective date of this chapter, or at the time of the creation of the
first tenancy in any newly constructed or reconstructed building, file with
the Clerk of the Borough of Ridgefield a statement which shall contain the
following information:
(1)
The name and address of the record owner or owners of
the premises and the record owner or owners of the rental business, if not
the same persons.
(2)
If the record owner is a corporation, the name and address
of the registered agent and corporate officers of said corporation.
(3)
If the address of any record owner is not located in
the county in which the premises are located, the name and address of a person
who resides in or has an office in the county in which the premises are located
and is authorized to accept notice from a tenant and to issue receipts therefor
and to accept service of process on behalf of the record owner.
(4)
The name and address of the managing agent of the premises,
if any.
(5)
The name and address, including the dwelling unit, apartment
or room number of the superintendent, janitor, custodian or other individual
employed by the record owner or managing agent to provide regular maintenance
service, if any.
(6)
The name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached or
contacted at any time in the event of any emergency affecting the premises
or any unit of dwelling space therein, including such emergencies as the failure
of any essential service or system, and who has the authority to make emergency
decisions concerning the building and any repair thereto or expenditure in
connection therewith.
(7)
The name and address of every holder of a recorded mortgage
on the premises.
(8)
If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
B.
Every landlord hereby required to file a registration
statement as described in this section hereinabove shall file an amended registration
statement within seven (7) days after any change in the foregoing information
required to be included herein.
