There is hereby established the Ridgefield Multiple
Dwelling Emergency Commission, hereinafter referred to as the "Commission."
Its members shall be appointed by the Mayor with the advice and consent
of the Council and shall serve without compensation at the pleasure
of the Mayor and Council of the Borough of Ridgefield. The membership
of the Commission shall consist of the Health Officer, the Building
Inspector, two members of the Board of Health of the Borough of Ridgefield
and one member of the Borough Council of the Borough of Ridgefield
who shall be Chairman. Any conduct or action of the Commission authorized
by this article 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 article.
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 article,
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:
A. Where the owner owns between four and 25 dwelling
units, the owner shall deposit $100 for each dwelling unit.
B. 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.
C. 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.
D. In no event shall an owner be required to deposit
more than $5,000 in security funds pursuant to this article. All funds
required to be deposited under the terms of this article shall be
deposited with the Commission by delivering such funds to the office
of the Board of Health of the Borough of Ridgefield 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 the 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 the same in an interest-bearing
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.
[Amended 11-28-1983 by Ord. No. 1250; 2-27-1984 by Ord. No.
1254]
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:
A. It has examined those circumstances and conditions
alleged to constitute an emergency condition and has declared an emergency
condition to exist.
B. The remedying of such emergency condition is the owner's
responsibility.
C. 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.
D. 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
C of this section of the circumstances and conditions constituting the emergency condition.
E. Where work was commenced within the twenty-four-hour period referred to in Subsection
D of this section 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 Health Officer or the Building Inspector, could have been completed within 72 hours. 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 article, the
following definitions shall be used:
DWELLING UNIT
Any room or rooms, or suite or apartment thereof, whether
furnished or unfurnished, which is occupied, or intended, arranged
or designed to be occupied, for sleeping, dwelling or residence purposes
by one or more persons.
EMERGENCY CONDITION
Any condition dangerous or injurious to the health or safety
of the occupants of a building or 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 68° F.
whenever the outside temperature falls below 55° 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 55° F. whenever the outside temperature
falls below 40° 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 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."
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No.
2133]
A. If this article of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license.
B. Any person found guilty of violating this article
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this article of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
C. In the event of a continuing violation, each day shall
constitute a separate offense.